INFORMATION ON THE SELECTION PROCESS OF JUDGES AT THE UNIFIED PATENT COURT

Transcription

1 INFORMATION ON THE SELECTION PROCESS OF JUDGES AT THE UNIFIED PATENT COURT Please read carefully the infrmatin n the selectin prcess f Unified Patent Curt (UPC) judges, the eligibility criteria, as well as the Instructins t be fllwed when cmpleting the Applicatin Frm. The selectin prcess f candidates fr judicial psts at the UPC cnsists f the fllwing steps: 1. A first rund f candidates selectin will be carried ut n the basis f answers prvided in the Applicatin Frm, tgether with the candidates Curriculum Vitae, references and any ther relevant dcument prvided. 2. The candidates selected by the Advisry Cmmittee n the basis f this first rund f the selectin prcess will be invited t an interview, carried ut by members f the Advisry Cmmittee. The interview will aim at evaluating skills necessary fr judicial functins at the UPC, such as judicial ethics, experience in meeting tight deadlines, ral cmmunicatin skills, the capacity t wrk in a multinatinal and multilingual envirnment, etc. 3. Fllwing the first rund f selectin and the interviews, the Advisry Cmmittee will present a list t the Administrative Cmmittee, recmmending the mst suitable candidates fr psts f judges at the UPC. 4. Based n this list, the Administrative Cmmittee will appint the necessary number f judges fr a prper functining f the UPC. When appinting judges, the Administrative Cmmittee will ensure the best legal and technical expertise and a balanced cmpsitin f the UPC, n as brad a gegraphical basis as pssible amng natinals f the Cntracting Member States. It can be freseen fr the entire selectin prcess t take abut 7 mnths, with appintment dates depending n the actual cming int peratin f the UPC. ELIGIBILITY CRITERIA 1 : Agreement n a Unified Patent Curt (UPCA) Article The Curt shall cmprise bth legally qualified judges and technically qualified judges. Judges shall ensure the highest standards f cmpetence and shall have prven experience in the field f patent litigatin. 2. Legally qualified judges shall pssess the qualificatins required fr appintment t judicial ffices in a Cntracting Member State. 1 T cnsult the full UPCA, please g t:

2 3. Technically qualified judges shall have a university degree and prven expertise in a field f technlgy. They shall als have prven knwledge f civil law and prcedure relevant in patent litigatin. Article 2 f the UPCA Statute: 1. Any persn wh is a natinal f a Cntracting Member State and fulfils the cnditins set ut in Article 15 f the Agreement and in this Statute may be appinted as a judge. 2. Judges shall have a gd cmmand f at least ne fficial language f the Eurpean Patent Office. 3. Experience with patent litigatin which has t be prven fr the appintment pursuant t Article 15(1) f the Agreement may be acquired by training under Article 11(4)(a) f this Statute. Instructins regarding eligibility criteria: - Detailed infrmatin is prvided fr each Cntracting Member State n the requirements t be fulfilled t access judicial functin at natinal level. Please nte that candidates fr psts f legally qualified judge, wh are nt serving r frmer judges, have t fulfil the required legal degree(s) and/r years f prfessinal legal experience required under natinal law fr appintment at either lwer, higher r highest Curts. Since candidates will be evaluated by the Advisry Cmmittee and the selected candidates will be appinted t the UPC by the Administrative Cmmittee, any evaluatin/selectin/pinin by a natinal cmmittee r bard is nt required. - Article 15(2) UPCA: Legally qualified judges shall pssess the qualificatins required fr appintment t judicial ffices in a Cntracting Member State. is t be understd as the requirements fr appintment t judicial ffices f the Cntracting Member State the applicant is a natinal f. - Candidates must be natinals f Member States f the Eurpean Unin having signed the UPCA ( T be appinted as a judge, the successful candidate must be a natinal f a Member State f the Eurpean Unin which has ratified the UPCA ( - Age-limit fr appintment t a pst f legally qualified judge: Candidates fr the pst f legally qualified judge need t cmply with any age limit fr appintment at judicial ffice at natinal level. The age limit fr

3 appintment at higher and highest natinal curts shall be applicable. If n such age limit is specified, the general age limit fr appintment at the UPC f 67 years will be applicable (Article 14aa(2) f the draft Regulatin Gverning the Cnditins f Service f the Judges, Registrar and Deputy-Registrar). - Age-limit fr appintment t a pst f technically qualified judge: Candidates fr the pst f technically qualified judge need t cmply with the general age limit fr appintment at the UPC f 67 years. Article 17 UPCA 1. The Curt, its judges and the Registrar shall enjy judicial independence. In the perfrmance f their duties, the judges shall nt be bund by any instructins. 2. Legally qualified judges, as well as technically qualified judges wh are full-time judges f the Curt, may nt engage in any ther ccupatin, whether gainful r nt, unless an exceptin is granted by the Administrative Cmmittee*. 3. Ntwithstanding paragraph 2, the exercise f the ffice f judges shall nt exclude the exercise f ther judicial functins at natinal level. 4. The exercise f the ffice f technically qualified judges wh are part-time judges f the Curt shall nt exclude the exercise f ther functins prvided there is n cnflict f interest. 5. In case f a cnflict f interest, the judge cncerned shall nt take part in prceedings. Rules gverning cnflicts f interest are set ut in the Statute. * This exceptin needs t be requested by candidates fr psts f part-time legally qualified judges, wh wish t remain, fr instance, in private practice, as well as by candidates fr psts f full-time technically qualified judges wh plan n maintaining ther ccupatins. Please nte that n exceptin can be granted t candidates wh serve as members f the Bard f Appeal f the Eurpean Patent Office (EPO) and wh wish t remain members f the Bards. Only thse candidates placed n the list f mst suitable candidates under Article 2(3) f the Statute will be asked t request the exceptin under Article 17(2) UPCA. INSTRUCTIONS: - Please uplad in the indicated space yur Curriculum Vitae in a standardised frmat, using the Eurpass CV template ( and written in ne f the EPO s fficial languages (English r French r German).

4 - Please indicate in the Eurpass CV the cntact infrmatin f 2 r 3 references wh can be reached in the cntext f yur applicatin. - Please uplad in the indicated space yur presentatin letter, written in ne f EPO s fficial languages. - Candidates wh currently serve as a judge may enclse an pinin frm the President f their current Curt regarding their skills in respect f: knwledge in substantial and prcedural patent law; wrk efficiency; cperatin abilities; writing skills; general judgement ability. - Relevant diplmas and certificates (including any translatins f fficial dcuments, which are nt riginally in an EPO fficial language) need t be upladed. A certified translatin is nt required at this stage but can be requested in a further stage f the selectin prcess. - Any judgments, submissins r briefings upladed shuld be submitted in their riginal versin. If the riginal versin is in a language ther than ne f EPO s fficial languages, it is recmmended t prvide a translatin either in English, French r German. If n translatin is prvided, the submissin might nt be cnsidered. - Judges f the UPC will wrk n multinatinal panels. Therefre, internatinal experience as well as a readiness t mve r t travel frequently will be cnsidered as an asset. - Cmmand f languages is an imprtant criterin, and candidates fluent in mre than ne fficial EPO language will have an advantage in cmparisn t candidates fluent in ne fficial EPO language nly. Please nte that an independent assessment f language skills, based n the Cmmn Eurpean Framewrk f Reference fr Languages, can be used in rder t evaluate a candidate s suitability fr the pst. - Candidates fr psts f part-time legally qualified judges, wh wish t remain in private practice r in academia as well as candidates fr psts f full-time technically qualified judges, wh plan n maintaining ther ccupatins, can be asked t request an exceptin frm the AC, under Article 17(2) UPCA 2. By filling up the Applicatin Frm, yu agree that the infrmatin cntained within can be verified; If yu are taking part in the training at the Training Centre in Budapest r at the Centre d Études Internatinales de la Prpriété Intellectuelle (CEIPI), yu agree 2 Only thse candidates placed n the list f mst suitable candidates under Article 3(2) d the Statute will be asked t request the exceptin under 17(2) UPCA.

5 that the Advisry Cmmittee can cntact the trainers in rder t get feedback n yur candidacy. Yu understand that an ffer at the UPC is cnditinal upn cmpletin f a health check. Yu understand that an ffer at the UPC is cnditinal upn cmpletin f a cmprehensive backgrund and security check. CONFIDENTIALITY POLICY: In accrdance with Article 15(6) f the draft Regulatin Gverning the Cnditins f Service f the Judges, Registrar and Deputy-Registrar, any persnal data prvided by the candidate during the entire selectin prcedure shall be dealt with in strict cnfidence, and nly by persns wh have legitimate access t the candidate s file. - Please fill in the Applicatin Frm. Any queries pertaining t the applicatin prcess must be addressed t the UPC Preparatry Cmmittee s secretariat.