Source: EURLEX
Language: en
Format: md

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| 6.3.2015 | EN | Official Journal of the European Union | CA 78/1 |

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CALL FOR EXPRESSION OF INTEREST FOR THE POST OF MEMBER OF THE BOARD OF APPEAL OF THE COMMUNITY PLANT VARIETY OFFICE

(2015/C 078 A/01)

1.   Description of the office and its board of appeal

The Community Plant Variety Office (CPVO), hereinafter called ‘the Office’, was established by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights[(1)](#ntr1-CA2015078EN.01000101-E0001) (hereinafter ‘the Basic Regulation’).

The purpose of the Office, a body with legal personality which has legal, administrative and financial autonomy, is to administer the Community system of plant variety rights, a specific type of industrial property right for new plant varieties. In particular, the Office has to take decisions on applications for the grant of such rights, which guarantee uniform protection throughout the European Union. The Office is based in Angers, France.

Article 11 of Commission Regulation (EC) No 874/2009[(2)](#ntr2-CA2015078EN.01000101-E0002) establishes a Board of Appeal for the purpose of deciding on appeals from the decisions referred to in Article 67 of the Basic Regulation, inter alia, on the grant or refusal of Community plant variety rights, on objections, on the nullity or cancellation of Community plant variety rights, or on the grant or refusal of compulsory licences.

The Board of Appeal consists of a Chairman and two other members, but may call up to two further members. They shall have alternates who shall represent them in their absence. The Board of Appeal shall consist of technically and legally qualified members.

2.   Description of tasks

The member selected shall exercise the powers conferred on the Board of Appeal, in particular those of the Rapporteur, if he/she is appointed to such post. The tasks of a member of the Board of Appeal shall in particular include the following:

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| — | examine and decide on appeals in an independent and impartial manner, |

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| — | respect legal principles and rules in the proceedings, |

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| — | act as Rapporteur for appeals, |

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| — | carry out preliminary studies of the appeals, |

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| — | rule on admissibility of appeals, |

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| — | participate in oral hearings and draft decisions on appeals in a timely and thorough manner. |

More information on the Board of Appeal can be found at:

http://www.cpvo.europa.eu/main/en/home/community-plant-variety-rights/board-of-appeal

3.   Selection and appointment

Under the terms of the Basic Regulation, the Administrative Council of the CPVO will decide on the appointment of the members of the Board of Appeal on the basis of a list of qualified candidates proposed by the President of the CPVO. The purpose of this call for expression of interest is to allow the President of the CPVO to establish a list of candidates for the post of legally and technically qualified member to be proposed to the Administrative Council.

The President of the CPVO will set up a selection panel for the selection process. The panel will invite approximately 20 candidates with the most qualified profiles, selected on the basis of their merits and the criteria set below, to an interview.

Following this interview, the President of the CPVO will adopt a short list of candidates which will be presented to the Administrative Council. The latter will appoint members of the Board of Appeal from the said list, for a period of five years, starting on 23 February 2016.

The number of qualified members shall not exceed 25 and their expertise shall be well balanced between legally qualified members and qualified agronomists or botanists. In an attempt to achieve geographical balance, individuals from all Member States are encouraged to present themselves as candidates.

4.   Conditions of employment

The member may continue his/her professional activities. The Staff Regulations of Officials and Conditions of Employment of other servants of the European Union do not apply to the members of the Board of Appeal (Articles 31 and 47 of the Basic Regulation).

The member will be chosen from the adopted list of qualified members by the Chairman of the Board of Appeal, as and when necessary, so that the Board consists of the three or five members required, as the case may be.

The member chosen will perform his/her duties for the Board of Appeal on a part-time basis. He/she must be available at least 10 days per calendar year.

By decision of the Administrative Council of 18 March 2014, the remuneration of the member appointed as Rapporteur is fixed at EUR 2  600 per standard case (plus EUR 1  300 in case of a ‘complex’ case) and that of the other member at EUR 1  300 per standard case (plus EUR 650 in case of a ‘complex’ case). A sum of EUR 650 per member should be added to cover travel time, as the case may be. In addition, travel expenses, to and from Angers, will be reimbursed.

5.   Eligibility criteria

Candidates must:

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| — | be a national of a Member State of the European Union, |

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| — | have thorough knowledge of one of the EU languages and satisfactory knowledge of one other EU language. A good knowledge of English would be an advantage. |

Candidates must fulfil the formal requirements stated below on the closing date of the application:

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| — | either (a) successful completion of a full course of university studies in law attested by a degree where the normal duration of university education is four years or more giving access to undertake postgraduate studies; or (b) successful completion of a full course of university studies in law attested by a degree where the normal duration of university education is three years, and an additional year of relevant professional experience, |

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| — | either (a) be legally qualified and have proven experience in the field of intellectual property; experience in the field of plant variety rights would be an advantage; or (b) be a qualified botanist or agronomist with proven experience in the field. Familiarity with the UPOV guidelines and DUS technical examinations would be an advantage, |

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| — | a minimum of 12 years’ professional experience acquired following the award of the university degree or the degree and the experience mentioned above. |

Candidates should have:

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| — | the ability to make decisions and work collegially with others, |

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| — | good oral and written communication skills. |

The following will be an asset:

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| — | familiarity with the UPOV guidelines and DUS technical examinations, |

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| — | experience of judicial work, including drafting decisions, |

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| — | experience working in a collegial body, |

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| — | experience of working in a multicultural and multilingual environment, |

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| — | knowledge of official languages of the European Union other than those corresponding to the fulfilment of the eligibility criteria. |

6.   Independence and declaration of interests

The candidate must not be linked to a private company which has professional activities involved in proceedings before the CPVO.

The candidate will be required to make a declaration of commitment to act independently, in the public interest and to make a declaration in respect of any interest which might be considered prejudicial to his/her independence. The candidate must confirm his/her willingness to do so in his/her application.

The Chairman and the other members of the Board of Appeal shall be independent. In making their decisions, they shall not be bound by any instructions. They shall not perform any other duties in the Office.

7.   Submission of applications

The application, accompanied by a detailed curriculum vitae (of which a translation into English, where applicable, would be appreciated), should be sent by 30 April 2015 at the latest (date as postmark) to the following address:

e-mail: vacances@cpvo.europa.eu with mention ‘Application for the post of member of the Board of Appeal’ in the subject,

or

post:

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| Community Plant Variety Office (CPVO) |
| Secretariat of the Board of Appeal |
| 3 boulevard Foch |
| CS 10121 |
| 49101 Angers Cedex 02 |
| FRANCE |

Certified copies of degrees/diplomas, references, proof of experience, etc. should not be sent at this point but must be submitted at a later stage of the procedure if requested.

The envelope should have ‘CONFIDENTIAL — DO NOT OPEN’ in clear text on the outside of the envelope.

Failure to submit all documents specified above within the relevant deadline will automatically result in rejection of the application.

Further information may be obtained from the same address by fax: + 33 241256410 or by e-mail: doreau@cpvo.europa.eu

8.   Equal opportunities

The European Union institutions and other bodies apply a policy of equal opportunities and accept applications without distinction on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

9.   Protection of personal data

The CPVO will ensure that candidates’ personal data are processed as required by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data[(3)](#ntr3-CA2015078EN.01000101-E0003). This applies in particular to the confidentiality and security of such data.

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