Fellow Kat Jeremy briefly reported that AMBA (the Association of the Members of the Boards of Appeal) has launched its own consultation on its proposed new structure of governance for the Boards of Appeal of the European Patent Office. Now, Merpel has had a chance to purr-ruse the proposal, and would like to share her thoughts.
|AMBA: not to be|
confused with Amber
The new AMBA proposal, dated 18 June 2015, reiterates the earlier concerns, but then takes the further step of proposing alternative possible reforms to the structure and governance of the Boards of Appeal in order to increase their autonomy. It is a detailed and considered document. The main feature of the proposal is to have, in place of the proposed BOAC of CA/16/15, a different body, called (for the sake of nominative differentiation) the "Senate of the Boards of Appeal", that would have external members (in the same way as the proposed BOAC), but, importantly, would include a majority of Board of Appeal members. This would integrate better with the already existing "Presidium of the Boards of Appeal", whose residual function under the CA/16/15 proposal was unclear and seemed rather limited. AMBA's proposals are analysed with reference to accepted standards for the governance of the judiciary, embodied in the Burgh House Principles on the Independence of the International Judiciary, and the Council of Europe recommendations on the judiciary CM/Rec(2010)12, "Judges: independence, efficiency and responsibilities".
http://www.amba-epo.org/reform. There is no specific deadline for response, but Merpel believes that the reform of the structure of the Boards of Appeal will be discussed at the Administrative Council meeting in December, so it would assist AMBA to have feedback in good time before then (Merpel has also noticed an additional meeting of the Administrative Council "to be confirmed" on 15 September, and is not sure what this will be for, but she does not understand it to be to consider CA/16/15.)
As ever, Merpel welcomes comments, but begs to remind readers of the following:
Henceforth, in respect of all EPO-related blogposts, no comment will be posted if it is merely ascribed to "Anonymous". Any reader wishing to conceal his or her identity must adopt a pseudonym (which should not be obscene and should not be the name, or the mis-spelling of the name, of a real person). The pseudonym need not be an actual login name, as long as it is stated clearly at the beginning of the comment itself (for example, start your comment with "Descartes says: You forgot one point ..."). This way, it will be easier for people who post later comments to identify and remember the earlier comment-poster and to recall the discussion string. Where, as has already happened on occasion, a string carries over from one blogpost to a later one on the same or a related subject, readers will be encouraged to use the same pseudonym for the sake of continuity.