tag:blogger.com,1999:blog-5574479.post2619438117145746769..comments2024-03-28T08:10:18.991+00:00Comments on The IPKat: EBA dodges the question in G1/21 (ViCo oral proceedings) Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5574479.post-27882919130567824022021-07-24T10:10:52.567+01:002021-07-24T10:10:52.567+01:00The EBA is getting the nag to rewrite the question...The EBA is getting the nag to rewrite the questions referred so that it can manage not to give a direct reply to the referred question or to come with a reply which is satisfying the higher management. We had this clearly in G 3/19, a bit less in G 2/19 and it is all over again in G 1/21.<br /><br />The question referred did not make any difference between first instance and BA, like Art 116 and R 115(1), but the order is only dealing with OP before the BA. <br />Why on earth is the EBA incapable or unwilling to answer the referred question? <br /><br />It is slowly getting sickening and it is legitimate to ask whether the EBA is truly independent from the upper management. <br /><br />The same feeling arises when reading the communication of the chair of the BA in matters of composition of the EBA.<br />Whilst the notion of legal judge is accepted, it can be set aside when it can adversely affects legal certainty (?) and may lead to procedural delays.<br />It just needs for the composition of the EBA to be as close as possible to the composition listed in Art 2(1)(a) BDS in order to take valid decisions!<br />One wonders where the chair of the EBA has obtained his law degree or who held its hand?<br /><br />Coming from people meant to protect the EPC it gives a fatal impression. <br /><br />It is high time to give the BA more than the perception of their independence, but a true independence!<br />Attentive Observernoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-245730501018125662021-07-19T10:10:57.738+01:002021-07-19T10:10:57.738+01:00I get the feeling that if you were to ask the EBA ...I get the feeling that if you were to ask the EBA "Can I have a drink, please?", they'd reply "No, you may not have a small measure of single malt whisky" and be happy that they'd answered the question appropriately. Meanwhile, in the real world...Anonymousnoreply@blogger.com