Call for expression of interest for the posts of members of the Board of Appeal of the Community Plant Variety Office

2010/C 200/05

Description of the Office and its Board of Appeal

The Community Plant Variety Office, hereinafter called ‘the Office’, was established by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1).

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 Community. The Office is based in Angers, France.

A Board of Appeal was established by Commission Regulation (EC) No 1239/95 (2) and is responsible for deciding on appeals against decisions of the Office, concerning, inter alia, 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.

Description of tasks

The member (M/F) 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.

Selection and appointment

The President of the CPVO will set-up a selection panel for the selection process. The panel will invite approximately twenty candidates with the best 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 2011.

Conditions of employment

The member (M/F) may continue his/her professional activities.

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

By decision of the Administrative Council of 26 March 2003, the remuneration of the member appointed as Rapporteur is fixed at EUR 1 600 per case and that of the other member or members at EUR 800 per case. A sum of EUR 400 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.

Qualifications (to be fulfilled by the closing date for applications)

Independance 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 willingness to do so in his/her application.

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

Applications

Applications, accompanied by a detailed curriculum vitae (of which a translation into English, where applicable, would be appreciated), should be sent by 15 September 2010 at the latest (date as postmark) to the following address:

Further information may be obtained from the same address by fax +33 0241256410 or by e-mail doreau@cpvo.europa.eu

(1)  OJ L 227, 1.9.1994, p. 1.

(2)  OJ L 121, 1.6.1995, p. 37.