Source: EURLEX
Language: en
Format: md

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| 28.5.2009 | EN | Official Journal of the European Union | CA 119/1 |

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VACANCY NOTICE FOR THREE POSTS OF CHAIRPERSON OF THE BOARDS OF APPEAL

VEXT/09/585/AD 13/BoA

(2009/C 119 A/01)

1.   THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET (OHIM)

The Office for Harmonization in the Internal Market (Trade Marks and Designs), ‘the Office’, is established by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark[(1)](#ntr1-CA2009119EN.01000101-E0001).

The Office is an Agency of the European Union which has legal personality and financial and administrative autonomy, and is responsible for administering the Community trade mark and design systems. Community trade marks and designs registered by the Office produce their effects throughout the whole of the European Union.

Since the Office opened for business in 1996, over 500 000 Community trade mark applications have led to registration. The Office exists alongside national trade mark offices. 87 000 Community trade mark applications and 77 000 Community design applications were filed during 2008. The Office's budget for 2009 is approximately EUR 200 million and the number of posts is in the region of 700.

The OHIM applies a policy of equal opportunities and accepts applications without distinction on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of national minority, property, birth, disability, age or sexual orientation.

The languages of the Office are Spanish, German, English, French and Italian.

The Office has its seat in Alicante, Spain.

2.   THE BOARDS OF APPEAL

The Boards of Appeal are responsible for deciding on appeals against decisions taken by the staff of the Office in relation to the examination of trade marks or designs, oppositions, cancellations or invalidity.

Decisions of the Boards of Appeal are taken by Boards composed of a chairperson and two members. Two of the three must be legally qualified. In certain specific cases, decisions are taken by an enlarged Board or by a single member, who must be legally qualified. According to service requirements, members may be appointed to one or several Boards of Appeal.

The Boards of Appeal currently consist of one President, three chairpersons and 11 members assisted by legal and administrative personnel and supported by the Registry and the Documentation and Support Service. About 70 persons work in the Boards of Appeal and their supporting services.

The total number of appeals filed by the end of December 2008 was approximately 13 300, with approximately 11 700 of those cases being closed by that date. Overall, approximately 65 % of all cases established English as the language of the proceedings, followed by German (20 %), French (7 %), Spanish (6 %) and Italian (2 %).

3.   POST TO BE FILLED

The Office is seeking candidates to establish three shortlists for filling three posts of chairperson of the Boards of Appeal.

4.   APPOINTMENT

Chairpersons of the Boards of Appeal are appointed, for a period of five years, by the Council of the European Union acting on a proposal from the Administrative Board of the Office. This term of office is renewable.

The date foreseen for taking up the duties is between 1 September 2010 and 1 March 2011.

5.   CONDITIONS OF EMPLOYMENT

A five-year contract as a member of the temporary staff pursuant to Article 2(a) of the Conditions of Employment of Other Servants of the European Communities, in category AD, grade 13 will be offered to successful candidates.

The basic monthly salary on the 1 July 2008 corresponding to the first step of this grade was EUR 11 253,14. There are additional salary elements reflecting marital status and dependent children. Furthermore, various allowances for removals and travel are provided, as well as accident and health insurance and a pension scheme. Pay is subject to Community tax and other deductions laid down in the Conditions of Employment of Other Servants of the European Communities. It is however exempt from any national tax. Dependent children can attend the European School in Alicante free of charge.

Any chairperson of the Boards of Appeal appointed as a result of this selection procedure and whose term of office was renewed for a new term in accordance with Article 136(1) of Regulation (EC) No 207/2009, could be reclassified by the Administrative Board of the Office on proposal of the President of the Boards of Appeal in function group AD, grade 14, given their previous experience as chairperson of the Boards of Appeal.

Any chairperson of the Boards of Appeal appointed as a result of this selection procedure:

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| — | who was formerly appointed as a member of the Boards of Appeal by the Council pursuant to the procedure laid down in Article 136(2) of Regulation (EC) No 207/2009, before the amendment provided in Council Regulation (EC) No 422/2004[(2)](#ntr2-CA2009119EN.01000101-E0002), and |

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| — | whose initial contract was established under the former Conditions of employment of other servants of the European Communities (CEOS), and |

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| — | whose term of office is renewed as a result of this selection procedure, and |

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| — | whose grade at the time of renewal is equal to or higher than grade AD 14, |

may be reclassified by the Administrative Board of the Office on proposal of the President of the Boards of Appeal in a grade and in a step such that, in accordance with the provisions laid down in the CEOS in force, their basic salary is at the closest possible level (by excess or by default) to the basic salary[(3)](#ntr3-CA2009119EN.01000101-E0003) they received at the end of their most recently completed term of office.

Employment shall be terminated either on the date established in the contract or at the request of the member of the temporary staff in question, upon the conclusion of three months' notice, without prejudice to the relevant provisions of the abovementioned Conditions of Employment.

6.   QUALIFICATIONS AND EXPERIENCE REQUIRED

Candidates must be able to work in a multilingual environment (a body of the European Union). A large number of cases must be decided within reasonable time limits and in a collegial way, following objectives defined by the President of the Boards of Appeal.

The minimum qualifications and experience required are as follows:

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| — | a level of education which corresponds to completed university studies attested by a diploma when the normal period of university education is four years or more, or a level of education which corresponds to completed university studies attested by a diploma and appropriate professional experience of at least one year when the normal period of university education is at least three years, |

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| — | a minimum of 15 years of professional experience, corresponding to the category of the post and which has been acquired, after the date of the abovementioned degree, by the closing date for the submission of applications, at least eight of which must have been spent in the field of intellectual property and, in particular, in the area of trade marks and/or designs, |

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| — | a thorough knowledge of one official language of the European Union and a satisfactory knowledge of a second. One of these languages must be one of the five languages of the OHIM, namely, Spanish, German, English, French and Italian. |

The following will be considered as advantages:

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| — | a university degree in law, |

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| — | professional experience of working in a language other than the candidate's mother tongue, |

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| — | thorough knowledge of English or German. |

The successful candidate must also meet the general conditions for employment as a servant of the European Union, notably:

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| — | be a national of one of the Member States of the European Union, |

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| — | must not have been convicted or found guilty of a criminal offence, |

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| — | must be physically fit to carry out the duties, |

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| — | be able to complete a full five-year mandate before reaching retirement age, i.e. the end of the month in which the person reaches the age of 65. |

7.   SUBMISSION OF APPLICATIONS

Applications may be submitted by e-mail or by messenger services, using the application form available on the Office's website:

http://oami.europa.eu/ows/rw/pages/OHIM/career/career.en.do

Those sent by e-mail should be sent to the following address: ABBCIF@oami.europa.eu

Those sent by courier should be sent to:

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| Chairperson of the Administrative Board |
| Office for Harmonization in the Internal Market |
| (Trade Marks and Designs) |
| Avenida de Europa, 4 |
| 03008 Alicante |
| SPAIN |

Applications must arrive before midnight on 19 June 2009.

Please note, in particular, that all sections of the form must be completed. An incomplete application form (for example one bearing remarks such as ‘see CV attached’) will not be taken into account.

Candidates who are invited to interview (see selection procedure below) will also be required by the time of the interview to have supplied the relevant supporting documents relating to the basic requirements laid down, and other qualifications and experience claimed:

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| 1. | copy of an identity document (such as passport or ID card); |

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| 2. | copies of diplomas; |

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| 3. | copies of certificates relating to the professional experience mentioned in point 6. |

Other documents, particularly curricula vitae, will not be taken into consideration. It is to be noted, in particular, that any qualifications or professional experience which cannot be supported by documentary evidence, such as copies of diplomas or certificates of employment, will be disregarded and that this may result in the application being rejected.

8.   SELECTION PROCEDURE

Selection will be conducted subject to the control of the Administrative Board of the Office. A pre-selection committee appointed by the Administrative Board will conduct a preliminary sift of applications to assess admissibility, and to decide on which candidates should be invited to an interview or to other tests. The Administrative Board will then decide on three shortlists of up to three candidates to be submitted to the Council of Ministers for a final decision.

9.   PROTECTION OF PERSONAL DATA

As the body responsible for organising the selection, the OHIM ensures that applicants' personal data are processed as required by Regulation (EC) No 45/2001 of the European Parliament and 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[(4)](#ntr4-CA2009119EN.01000101-E0004). This applies in particular to the confidentiality and security of such data.

10.   APPEAL

If a candidate considers that he/she has been adversely affected by a particular decision, he/she can lodge a complaint under Article 90(2) of the Staff Regulations of Officials of the European Communities, at the following address:

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| Office for Harmonization in the Internal Market |
| Human Resources Department |
| Avenida de Europa, 4 |
| 03008 Alicante |
| SPAIN |

11.   FURTHER INFORMATION

Further information may be obtained from:

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| Mr Peter Lawrence |
| Vice-President and Director of the Human Resources Department |
| Office for Harmonization in the Internal Market |
| (Trade Marks and Designs) |
| Office 1A-3/20-21 |
| Avenida de Europa, 4 |
| 03008 Alicante |
| SPAIN |
| Tel. (+34) 965139147 |
| Fax (+34) 965139952 |
| e-mail: peter.lawrence@oami.europa.eu |

NB: If there are discrepancies between the different linguistic versions, the English one should be taken as the correct version.

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