06/06/2015

Independence of the Boards of Appeal - EPLAW and CCBE comment

The Council of Bars and Law Societies of Europe (CCBE) is the representative organisation of more than 1 million European lawyers through its member bars and law societies from 32 full member countries, and 13 further associate and observer countries.In a letter addressed to Mr Jesper Kongstad (Chairman of the Administrative Council) on 15 May 2015, CBBE comments on the Structural Reform of the Boards of Appeal proposed by Mr Battistelli. Among the concerns are:

  • "We would encourage the Administrative Council to seek its own independent legal advice on constitutional law. It should not rely on advice obtained by the President of the EPO."
  • "In the interests of perceived independence, it is highly desirable, both in dealing with these reforms and more generally, for any communications to be seen to come either from the Council or from the President, but not to be presented as a joint position."

The European Patent Lawyers Association (EPLAW) is"in full agreement with the comments" of CBBE and has sent them by letter to Mr Battistelli on 4 June 2015.

IPKat comments on these letters and still considers that relocating the Boards of Appeal in a different city from the rest of the EPO "would be folly".