ADMINISTRATIVE COUNCIL
Reports on meetings of the Administrative Council
Report on the 116th meeting of the Administrative Council of the European Patent Organisation (9 to 12 December 2008)
The Administrative Council of the European Patent Organisation held its 116th meeting in Munich from 9 to 12 December 2008 under the chairmanship of Roland Grossenbacher (CH).
After noting the activities reports presented by its chairman and, for the second half of 2008, the President of the Office, Alison Brimelow, the Council elected Benoît Battistelli (FR), head of the French delegation and Director General of the Institut National de la Propriété Industrielle, to serve as its chairman for a three-year term beginning on 5 March 2009.
Ásta Valdimarsdóttir (IS), currently a deputy member of the Supervisory Board of the Academy of the European Patent Organisation, was elected a member of the Supervisory Board for a three-year term. The Council also re-elected Michel Camoin (FR) as member of the Board of Auditors for a five-year term starting on 1 January 2009.
The Council then appointed Philippe Cretaine (FR) as technically qualified member of the boards of appeal, with effect from 1 March 2009, and Jean Geschwind (FR) as legally qualified member of the boards of appeal. The Council also appointed Ilhami Güneş (TR) as legally qualified external member of the Enlarged Board of Appeal for a period of three years starting on 1 January 2009.
The Council noted that the procedures for filling the vice-presidencies DG 4 and DG 5 had not yet been concluded. It was informed that Brian McGinley (IE) would continue for the meantime to act as interim Vice-President DG 4, and that Wim van der Eijk (NL), principal director in charge of international legal affairs and patent law, would act as interim Vice-President DG 5 after the departure of Manuel Desantes (ES) on 31 December 2008, pending the arrival of a successor. This was Mr Desantes' last meeting before leaving the Office, so the Council paid tribute to him and thanked him for his services to the European Patent Organisation.
Under legal and international affairs, the Council was pleased to note that the London Agreement had been ratified by Sweden and was to be ratified by Lithuania within the next year. The former Yugoslav Republic of Macedonia would be joining the European Patent Organisation on 1 January 2009. The Council unanimously decided to conclude an extension agreement with Montenegro.
The Council noted the oral report of the co-chair of the Working Party on Litigation, Raimund Lutz (DE), on the 13th meeting of the working party, held in Munich on 10 December 2008, as well as the status report on the Community patent delivered by the French delegation, representing the state holding the EU presidency in the second half of 2008, and the report of the Czech delegation, representing the incoming presidency, on developments expected in the first half of 2009.
The Council also noted the Memorandum of Understanding from the 26th Trilateral Preconference and Conference, held from 10 to 14 November 2008 in The Hague, and the results of the IP5 Heads meeting on 27 and 28 October 2008 in Jeju, Korea.
Regarding the strategy package, the Council noted the positive findings of the Utilisation Pilot Project and approved the Office's plan for a phased implementation of the utilisation proposals.
The Council also approved a package of measures amending the Regulation on the European qualifying examination for professional representatives. The proposals, drawn up in close consultation with the Institute of Professional Representatives before the European Patent Office, were designed to reverse the upward trend in costs and bring about improvements in the quality of the examination.
Concerning financial and budget matters, the Council noted the oral report given by the Chairwoman of the Budget and Finance Committee, Maria-Ludovica Agrò (IT), on the committee's December 2008 meeting.
Finally, having approved the Office's business plan for 2009-2013, the Council adopted the 2009 budget, amounting to EUR 1 540 355 000, and the table of posts comprising 7 084 staff (2008: 6 850) for the 2009 accounting period, and approved the financial plan for 2010-2013.