ADMINISTRATIVE COUNCIL
Reports on meetings of the Administrative Council
Report on the 104th meeting of the Administrative Council of the European Patent Organisation (13 to 15 December 2005)
The Administrative Council of the European Patent Organisation held its 104th meeting in Munich from 13 to 15 December 2005, with Mr Roland GROSSENBACHER (CH) presiding. The Council's deputy chairwoman, Ms Alison BRIMELOW (GB), took the chair for the first part of the meeting.
This was the last meeting during Mr GROSSENBACHER's current term of office, expiring on 4 March 2006. By secret ballot, with Ms BRIMELOW presiding, Mr GROSSENBACHER (CH) was re-elected as Chairman of the Council. The other two candidates were Messrs Jesper KONGSTAD (DK) and Alexandru Cristian ŞTRENC (RO). Mr GROSSENBACHER's new three-year term runs from 5 March 2006 to 4 March 2009.
After noting the activities reports presented by its chairman and, for the second half of 2005, the EPO President, Professor Alain POMPIDOU, the Council appointed three new members of the boards of appeal:
- Ms Theodora KARAMANLI (GR), appointed legally qualified member of the boards with effect from 1 March 2006.
- Mr François ROUSSEAU (FR), appointed technically qualified member of the boards with effect from 1 March 2006.
- Ms Fidelma MACKEN (IE), appointed external legally qualified member of the Enlarged Board of Appeal for a three-year term starting on 1 March 2006.
Regarding international affairs, the Council decided to invite the Republic of Croatia to accede to the European Patent Convention, and to grant Bosnia-Herzegovina observer status at its own meetings and on the Committee on Patent Law.
The Council noted the report on the 23rd Trilateral Conference, held in Munich on 18 November 2005. It was informed in particular of serious problems facing the United States Patent and Trademark Office and the Japanese Patent Office as a result of the continuing rise in the number of patent applications. The same problems affected the European Patent Office, which was directing all its efforts towards mastering its workload, but was determined not to compromise the quality of its services. The three trilateral offices had agreed to improve the "co-ordinated communication" of their activities to the public, especially concerning the draft Substantive Patent Law Treaty.
The Council continued its strategy debate, noting the Office's proposals in response to the "Madrid" statement, which the Council had unanimously approved at its 102nd meeting in June 2005. The Council also noted the initial reactions of three delegations to these proposals. All the delegations were invited to provide constructive feedback as quickly as possible on the ideas set out by the Office, so that the Council could pursue the debate at its March 2006 meeting and begin to identify concrete solutions with a view to setting up a European patent network. Written contributions to the strategy debate would be published as official documents on the Council's internet site.
The Council unanimously approved the new working agreements between the European Patent Organisation and the former IIB states (Belgium, Luxembourg, the Netherlands and Turkey), and authorised the President of the EPO to sign them.
Regarding legal affairs, the Council noted the oral report by Mr Hans-Georg LANDFERMANN (DE), one of the three co-chairmen of the Working Party on Litigation, on the working party's eighth meeting, held in Munich on 14 December 2005. Noting also that the draft European Patent Litigation Agreement (EPLA) was the subject of ongoing consultation with the European Commission, the Council agreed to the request that the European Patent Organisation continue in 2006 to provide organisational and financial support to the working party and its sub-group.
The Council also approved a revision of the Financial Regulations in connection with the introduction of International Financial Reporting Standards (IFRS) (CA/D 9/05), and took two important decisions amending the Financial Regulations and the Rules relating to Fees:
- Adjustment of fees and prices as from 1 April 2006 (CA/D 4/05), while emphasising that this decision was entirely without prejudice to any future adjustments and the arrangements pertaining thereto
- Reduction as from 1 April 2006 of the fee for the supplementary European search where the international search report was drawn up by one of the national PCT authorities in Europe (CA/D 15/05).
In technical co-operation/information, the Council noted the oral report by Mr Lars BJÖRKLUND (SE), Chairman of the Working Party on Technical Information, and approved the Office's information systems and services plan for 2006 - 2010.
On personnel matters, the Council approved the annual pay adjustment for EPO staff (CA/D 5/05) and approved a new selection procedure for vice-presidents of the European Patent Office (CA/D 18/05).
The Council also approved the application of transitional arrangements, deviating from the above-mentioned new procedure, for the post of Vice-President DG 3. It thus approved the principle of reappointing the serving DG 3 Vice-President, Mr Peter MESSERLI (CH), for a further term of five years when his present term ended, with the formal decision on this matter to be taken at its March 2006 meeting.
The Council approved two draft decisions amending the specimen contract concerning the appointment and terms of employment of principal directors and the relevant provision of the EPO Service Regulations (CA/D 13 and CA/D 14/05).
The Council approved the conclusion of a new agreement between the Kingdom of the Netherlands and the European Patent Organisation in the light of the Netherlands government policy framework on attracting and hosting international organisations.
On financial and budgetary matters, the Council approved the accounts for 2004 after hearing the oral report by Ms Maria-Ludovica AGRÒ (IT), chairwoman of the Budget and Finance Committee. After discussing the report of the Board of Auditors, it then discharged the President in respect of implementation of the 2004 budget and the Administrator of the Reserve Funds for Pensions and Social Security (RFPSS) in respect of fund management during the 2004 accounting period.
Finally, having approved the Office's business plan for 2006-2010, the Council approved the 2006 budget, with income and expenditure balanced at EUR 1 304 965 000 and a table of posts comprising 6 698.5 staff (2005: 6 572.5). At the same time, it decided to freeze 152 examiner posts in the table of posts for the 2006 accounting period. This freeze cannot be lifted without prior approval by the Council, on the basis of an opinion of the Budget and Finance Committee. In addition, the Council may decide, also on the basis of an opinion of the Budget and Finance Committee, to freeze up to 75 examiner posts falling vacant in the second half of 2006 from replacement recruitment (CA/D 1/05).