Letter of the European Patent Lawyers Association (EPLAW) to the Administrative Council
EPLAW is the association of European lawyers specialized in patent matters. In a letter sent to the delegations of the Administrative Council (AC), this association takes note of the decision of the President to temporarily take the computer of a member of the Boards of Appeal and to order a house ban on him.
EPLAW is of the opinion that judicial independence (Article 6(1) of the European Convention on Human Rights (ECHR)) is guaranteed only when the power to suspend or remove a judge is with his peers and not with an executive body.Article 11 EPC currently gives the power to the AC to exercise disciplinary authority over members of the BoA.
EPLAW urges the Council to propose an amendment to Article 11 EPC and in any event to critically review the Guidelines for Investigation.