DOCSLIB.ORG

Opposition at the Epo / National Invalidation Proceedings

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Opposition at the Epo / National Invalidation Proceedings Murgitroyd and Sonoda & Kobayashi present Topic 1 Topic 2 Topic 3 Topic 4 Contact Patents: opposition proceedings and nullity actions – a comparison between Europe and Japan Luca Escoffier Diane Beylier Dr.sc. Robert Börner moderators Dr. Yoshitaka Sonoda Webinar, April 27, 2018 www.EUbusinessinJapan.eu . Option 1 : OPPOSITION u Filed within 6 months Option 2 : NULLITY ACTION from publication of the u Filed any time after grant patent of the patent u Oppositions were u 161 Nullity Actions were revived in Japan in filed in Japan in 2017 2015. u 1250 oppositions were filed in 2017 q 318,028 patents were filed in 2017 in Japan q 199,577 patents were registered 1 OPPOSITION AT THE EPO / NATIONAL INVALIDATION PROCEEDINGS Number of granted patents in 2017: 105,635 Number of oppositions filed in 2017: ≈ 3900 Source: EPO Status: 22.1.2018 Invalidation proceedings at the Federal German Patent Court (2016) Filed: 284 Patent revoked: 43.62 % Pending: 403 Patent upheld in amended form: 35.46 % Closed: 206 Invalidation request rejected: 20.92 % 2 OPPOSITION AT THE EPO - ENTITLEMENT • opposition open to „any person“ (Art. 99 (1) EPC) • no own legal interest required • one exception: patent owner not entitled to file an opposition (however, the inventor is) • opponent needs to be identifiable not possible to file an opposition anonymously • use of third party as „straw man“ allowable, unless the intent is to circumvent the law not possible to use straw man for patentee • status as opponent may be transferred/assigned only as part of the opponent's business assets 3 u Any third can file an Opposition, not only interested party u An Opposition can be filed anonymously, using a “straw man” Advice to Opponent Ø The strawman should not be a patent attorney so as to actually hide the true identity Ø Choosing an Opposition is recommended if you want to remain anonymous 4 Reasons for which an Opposition may be made are matters of public interest: ulack of novelty or lack of inventive step ulack of support, clarity or enablement uIntroduction of new matter by amendments § Double patenting § Non patentable subject matter Advice to Opponent Ø An Opposition is not an inter-partes procedure, the opponent must convince the board of appeals, and the board may raise its own reasons for revocation 5 OPPOSITION AT THE EPO – GROUNDS (1) Art 100 EPC (a) the subject-matter of the European patent is not patentable under Art. 52 to 57 EPC lack of novelty / inventiveness excluded subject matter no industrial application (b) the European patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art (“lack of sufficiency”) (c) the subject-matter of the European patent extends beyond the content of the application as filed (Art 123 (2) EPC) No grounds: lack of unity / lack of clarity / lack of support / formal matters / inventor designation wrong / patentee not entitled to patent / … 6 OPPOSITION AT THE EPO – GROUNDS (2) • all raised grounds need to be substantiated in the notice of opposition • “new” grounds for opposition, i.e. grounds raised after the expiry of the opposition period only allowable, if “prima facie” relevant may also be raised by the opposition division „grounds“ covered by Art 100(a) are separate grounds • Amended claims need to comply with all requirements of the EPC if amendments are based on description only “new” grounds may be raised further objections possible (e.g. clarity, unity, …) ADVICE: Raise and substantiate all grounds for opposition in the notice of opposition ! 7 OPPOSITION AT THE EPO - TIMEFRAME • deadline for filing opposition is 9 months from the publication of the mention of the grant of the European patent • EPO initiative „early certainty for opposition“ lower average time to 15 months (currently > 25 months) Strict deadline regime (EoT only in exceptional cases) • „officially“ one round of submissions before summons to oral proceedings, i.e. opposition note and reply of patentee 8 OPPOSITION AT THE EPO - HEARING • summons at least 6 months before hearing • summons includes preliminary opinion • last statements to be filed 2 month before hearing • new requests / evidence only admitted if prima facie relevant • possible outcome (decision at end of hearing) – maintain patent as granted – maintain patent in amended form – revoke patent • minutes and written decision will follow within some weeks after the hearing 9 Ø The 6-month time period is short for non- Japanese opponents and filing a Nullity Action would be more suitable in cases in which counter-experiments must be performed, in particular Ø There is no oral hearing, therefore test data and affidavits must be detailed and self-explanatory Ø A decision can be expected within 6 months 10 JPO Publication of Patentee Opponent patent Filing of Forwarding of Opposition copy May request acceleration Start Examination No Are there reasons for revocation? Filing of Remarks Yes (when Notify of reasons for amendments are revocation requested) Request comments Filing of Remarks (if amending) and/or Amendments Continued Examination Decision by board 11 u A decision to maintain the patent cannot be appealed. In contrast, the patentee can file an appeal against a decision of revocation with the IP high court. u Filing a Nullity Action would be the next step Ø However, overturning a decision by a Nullity Action requires a higher burden of proof Ø We recommend waiting at least 6 months to allow for potential changes in board membership 12 OPPOSITION AT THE EPO – APPEAL (1) • appeal to be filed within two months of notification of the contested decision • appeal fee to be paid • grounds to be filed within four months of notification of the contested decision • appeal only possible if adversely affected by decision • no „reformatio in peius“ • grounds of appeal and reply should contain a party‘s complete case, i.e. all facts, arguments, requests and evidence • later filed evidence / requests may be rejected 13 OPPOSITION AT THE EPO – APPEAL (2) • some boards will only review legal aspects of the first instance decision (maybe in future all boards) only requests filed in first instance will be accepted no further technical discussion possible • usually one round of submissions before summons to oral proceedings (with preliminary opinion) • deadline for final submissions 1 month before hearing • it is possible for the board to remit case to first instance • current time frame 3 – 4 years, to be decreased by „increase of productivity“ 14 NATIONAL INVALIDATION PROCEEDINGS (FOCUS DE) • EP patent divided into plurality of national patents • no centralized invalidation possible Germany • court action at Federal German Patent Court • formalistic proceedings • open to general public (no legal interest needed) • no deadline but not possible, if opposition pending • language of proceedings is German but language of EP patent relevant 15 GERMAN INVALIDATION PROCEEDINGS (1) • one round of statements, i.e. grounds for invalidity and reply by patentee • preliminary opinion of court indication main issues and setting date for oral proceedings • one more round of statements possible in preparation of oral proceedings • decision on costs (losing party bears costs) • high cost risk (depending on value of case) 16 GERMAN INVALIDATION PROCEEDINGS (2) • possible grounds for invalidation are the same as in EP opposition, however, additional ground of fraudulent abstraction • patent court not bound to earlier decision of EPO • additional prior art in form of national „earlier rights“ • possible to raise same ground for invalidation as in earlier opposition • advisable to rely on additional documents if possible • average time frame until decision is 25 months 17 GERMAN INVALIDATION PROCEEDINGS APPEAL • appeal to Federal German High Court to be filed within one month of notification of the contested decision • grounds to be filed within three months of notification of the contested decision • appeal only possible if adversely affected by decision • no „reformatio in peius“ • High Court reviews appeal for admissibility and summons for oral proceedings • High Court may ask for further statements 18 GERMAN INVALIDATION PROCEEDINGS APPEAL • new evidence, arguments and requests may be rejected as late filed • in principle only a legal review of first instance decision • court may call for technical expert • decision taken in oral proceedings • timeframe: 2 to 4 years • decision on costs (losing party bears costs) • high cost risk (depending on value of case) • around 60 new cases per year 19 u An interested third party can file a Nullity Action any time after grant of a patent uNullity Actions therefore cannot be filed anonymously u The cost is 2-3 times as much as for an Opposition u For a 10-claim application, the official fees are about 300 euros for an opposition but 780 for a Nullity Action u Attorney hours usually double due to preparation for and attendance of oral hearings u A decision can be expected within a year 20 Reasons to invalidate a patent are similar to those for an Opposition: uLack of novelty or lack of inventive step uLack of support, clarity or enablement uIntroduction of new matter by amendments § Double patenting § Non-patentable subject matter u Additionally, the ownership of the patent may be raised u The board of appeals is bound by the reasons and arguments and cannot raise any additional reasons to invalidate the patent 21 u In contrast with oppositions, an opponent may appeal the decision to maintain the patent
Load more

Recommended publications
  • Appeal PART VI - APPEALS PROCEDURE 1
    Key to the European Patent Convention Edition 2015 Part VI Article 106 - Decisions subject to appeal PART VI - APPEALS PROCEDURE 1. decisions [A106(1)] G0005/91 [T0479/04] Article 106i - Decisions subject to appeal Composition of the opposition division, partiality. (1) An appeal shall lie from decisions1 of the Receiving Section2, Examining Divisions, Opposition Divisions3 Under the EPC is no legal basis for separate appeal and the Legal Division. It4 shall have suspensive5 ef- against an order by a director of a department of first fect. instance such as an opposition division rejecting an ob- 6 jection to a member of the division on the ground of (2) A decision which does not terminate proceedings suspected partiality. The composition of the opposition as regards one of the parties can only7 be appealed to- 8 9 10 division could however be challenged on such a ground gether with the final decision , unless the decision in an appeal against its final decision or against a sepa- 11 12 allows a separate appeal . rately appealable interlocutory decision under article (3) The right to file an appeal against decisions relating 106 (3) EPC. to the apportionment or fixing of costs in opposition proceedings may be restricted in the Implementing D0015/95 [D0028/97, D0001/98, D0023/99, Regulations. D0024/99, D0009/03, D0025/05, D0004/11] Ref.: Art. 104 R. 63, 65, 68, 90 Of the Disciplinary Committee. PCT: R. 82ter Appealability of a Disciplinary Committee decision dismissing a complaint. A Disciplinary Committee de- cision dismissing a complaint is a decision in the legal 1.
    [Show full text]
  • Judicial Reform in Serbia 2008–2012
    VESNA RAKIĆ- VODINELIĆ ANA KNEŽEVI Ć BOJOVIĆ MARIO RELJANOVIĆ JUDICIAL REFORM IN SERBIA 2008–2012 CENTAR ZA UNAPREĐIVANJE PRAVNIH STUDIJA prof. dr Vesna Rakić Vodinelić • dr Ana Knežević Bojović dr Mario Reljanović JUDICIAL REFORM IN SERBIA 2008–2012 Library Editor Prof. dr Jovica Trkulja Published by Center For Advanced Legal Studies Goce Delceva 36, 11 000 Beograd tel: 2608 360, fax:2608 346 e-mail: [email protected], www.cups.rs For The Publisher prof. dr dr.h.c. Vladimir Vodinelic Reviewed by prof. dr Momčilo Grubač prof. dr Mihajlo Dika prof. dr Zoran Ivošević Translated by Ana Knežević Bojović Language Editing Svetlana Imperl Prepress and printing „Dosije studio“, Beograd Circulation 500 copies ISBN 978-86-7546-076-3 dr VESNA RAKIĆ VODINELIĆ dr ANA KNEŽEVIĆ BOJOVIĆ dr MARIO RELJANOVIĆ JUDICIAL REFORM IN SERBIA 2008–2012 Belgrade 2012 TABLE OF CONTENTS Preface. 9 Abbreviations. 11 Vesna Rakić-Vodinelić PART ONE I: REFORMING THE JUDICIARY – THE 2008–2010 PERIOD . 13 1. Introductory Observations . 13 1.1. Is There a Formula of „Good Judiciary“? . 13 1.2. Elements of the „Good Judiciary“ Formula. 17 1.3. Judicial Councils . 18 1.4. Legal Reception of European Standards Concerning the Judiciary in Serbia . 22 2. Normative Grounds . 35 2.1. International Legal, Theoretic, Constitutional and Statutory Grounds of the Latest Judicial Reform . 35 2.2. The Constitution and the ConStitutional act for the Implementation Of the Constitution . 39 2.3. Judicial Organisation Statutes . 44 2.4. Decision on Establishing the Criteria and Norms for Assessing the Competence, Capacity and Worthiness for the Appointment of Judges and Court Presidents .
    [Show full text]
  • Cross-Border Cooperation in the Execution Of
    Crime, Law and Social Change (2020) 74:381–404 https://doi.org/10.1007/s10611-020-09900-7 Cross-border cooperation in the execution of sentences between the Netherlands, Germany and Belgium: an empirical and comparative legal study on the implementation of EU framework decisions 2008/909/JHA and 2008/947/JHA Robin Hofmann1 & Hans Nelen1 Published online: 14 May 2020 # The Author(s) 2020 Abstract This study aims at comparing legal practices in the execution of sentences within the framework of cross-border cooperation between The Netherlands, Belgium and Ger- many. Based on quantitative and qualitative data, the implementation of the EU Framework Decisions 2008/909/JHA on the transfer of prisoners and 2008/947/JHA on the mutual recognition of judgments and probation decisions in the three countries is analyzed. Interview data with legal practitioners suggest that social rehabilitation, consents of the convicted individuals and the actual place of living, play an important role in the initiations of transfers. Empirical evidence that both Framework Decisions are increasingly instrumentalized for migration control purposes, as the current scien- tific debate suggest, is weak in the three case countries. The relatively small numbers of transfers of prisoners and judgements show, that the transfer instrument is still not implemented to its full potential. This study exemplifies remaining challenges connect- ed to the principle of mutual trust in the daily practice of cross-border legal cooperation within the EU. Keywords Comparative criminal law . Penology . Cross-border cooperation . Sentencing . Crimmigration . Prison population . Prisoner transfer * Robin Hofmann [email protected] 1 Department of Criminal Law and Criminology, Faculty of Law, Maastricht University, Bouillonstraat 1-3, 6211 LHMaastricht, The Netherlands 382 Hofmann R., Nelen H.
    [Show full text]
  • Constitutional Court Judgment No. 237/2005, of September 26 (Unofficial Translation)
    Constitutional Court Judgment No. 237/2005, of September 26 (Unofficial translation) The Second Chamber of the Constitutional Court comprising Mr. Guillermo Jiménez Sánchez, President, Mr. Vicente Conde Martín de Hijas, Ms. Elisa Pérez Vera, Mr. Ramón Rodríguez Arribas and Mr. Pascual Sala Sánchez, Judges, has rendered IN THE NAME OF THE KING the following J U D G M E N T in the appeal for protection proceedings Nos. 1744-2003, 1755-2003 and 1773-2003, the first of which was filed by Ms. Rigoberta Menchú Tumn, Ms. Silvia Solórzano Foppa, Ms. Silvia Julieta Solórzano Foppa, Mr. Santiago Solórzano Ureta, Mr. Julio Alfonso Solórzano Foppa, Mr. Lorenzo Villanueva Villanueva, Ms. Juliana Villanueva Villanueva, Mr. Lorenzo Jesús Villanueva Imizocz, Ms. Ana María Gran Cirera, Ms. Montserrat Gibert Grant, Ms. Ana María Gibert Gran, Ms. Concepción Gran Cirera, Mr. José Narciso Picas Vila, Ms. Aura Elena Farfán, Ms. Rosario Pu Gómez, C. I. Est. Prom. Derechos Humanos, Mr. Arcadio Alonzo Fernández, Conavigua, Famdegua and Ms. Ana Lucrecia Molina Theissen, represented by Court Procurator Ms. Gloria Rincón Mayoral and defended by the attorney Mr. Carlos Vila Calvo, and by the Confederación Sindical de Comisiones Obreras, represented by Court Procurator Ms. Isabel Cañedo Vega and defended by the attorney Mr. Antonio García Martín; No. 1755-2003 by the Asociación de Derechos Humanos de España, represented by Court Procurator Ms. Irene Gutiérrez Carrillo and defended by the attorney Mr. Víctor Hortal Fernández; and No. 1773-2003 by Asociación libre de Abogados, Asociación contra la Tortura, Associació d’Amistat amb el Poble de Guatemala, Asociación Centro de Documentación y Solidaridad con América Latina y África and Comité Solidaridad Internacionalista de Zaragoza represented by Court Procurator Ms.
    [Show full text]
  • Resolution on Inadmissibility
    * REPUBLIKA E KOSOVEs - PEnYJiJIHKA~ KOCOBO - REPUBLIC OF KOSOVO GJYKATA KUSHTETUESE YCTABHM CY,lJ; CONSTITUTIONAL COURT Prishtina, on 17 December 2020 Ref. no.:RK 1665/20 This translation is unofficial and serves for informational purposes only. RESOLUTION ON INADMISSIBILITY In Case No. KI189/19 Applicant Alban Miftaraj Constitutional review of Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court of 26 June 2019 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KOSOVO composed of: Arta Rama-Hajrizi, President Bajram Ljatifi, Deputy President Bekim Sejdiu, Judge Selvete Gerxhaliu-Krasniqi, Judge Gresa Caka-Nimani, Judge Safet Hoxha, Judge Radomir Laban, Judge Remzije Istrefi-Peci, Judge, and Nexhmi Rexhepi, Judge Applicant 1. The Referral was submitted by Alban Miftaraj, with permanent address in Prishtina (hereinafter: the Applicant). 1 Challenged decision 2. The Applicant challenges the constitutionality of Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court of 26 June 2019, which was served on him on 15 July 2019. Subject matter 3. The subject matter of the Referral is the constitutional review of the challenged Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court, of 26 June 2019, which allegedly violates the Applicant's rights guaranteed by Articles 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo (hereinafter: the Constitution), in conjunction with Article 6 [Right to a fair trial] of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the ECHR). Legal basis 4. The Referral is based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No.
    [Show full text]
  • Mass Claims Proceedings in Practice a Few Lessons Learned
    Mass Claims Proceedings in Practice A Few Lessons Learned By Pierre A. Karrer* Every mass claims process is different from the next. Mass claims pro- ceedings are set up by usually complex political processes. Legal and moral is- sues come to the fore. Money matters, but it is particularly important to see that somebody still cares. The relevant facts are difficult to establish and are often traumatic. to the next, a few lessons Still, as one goes from one mass claims1 process may be learned and may be worth recording. 1. SHOULD MASS CLAIMS COMMISSIONS BE ARBITRAL TRIBUNALS? 1.1. No. They should, however, be composed and operate to some extent like arbi- tral tribunals. 1.2. To be composed in arbitral fashion gives a mass claims commission legitimacy. The two sides of the controversy, or at least the champions of two sides of a controversy which may involve many more players, have a say about the com- 2 position of the commission. * Dr. iur.(Zurich); LLM (Yale), FCIArb; Hon. President, ASA Swiss Arbitration Associa- tion; Chairman, Property Claims Commission of the German Foundation "Remembrance, Responsi- bility and the Future." The views here expressed are the author's, not necessarily the Commission's. I. For a presentation of the Property Claims Commission's work which is now ending, see Karrer, "Mass Claims to provide rough justice", in Festschrift Peter Schlosser, 2005. See also www.iom.int; www.compensation-for-forced-labour.org. 2. For instance, two members of the Property Claims Commission were appointed by the Governments of the United States of America (Prof.
    [Show full text]
  • NILLESEN POLLITT FINAL Dutch Regulatory Failure7
    Cambridge Working Papers in Economics CWPE 0446 UNIVERSITY OF CAMBRIDGE Department of Applied Economics The Consequences for Consumer Welfare of the 2001-2003 Electricity Distribution Price Review in the Netherlands Paul H. L. Nillesen and Michael G. Pollitt Massachusetts Institute of Technology Center for Energy and Environmental Policy Research CMI Working Paper 50 Cambridge Working Papers in Economics UNIVERSITY OF CAMBRIDGE Department of Applied Economics Not to be quoted without permission M assachusetts Institute of Technology Center for Energy and Environmental Policy Research CMI Working Paper THE CONSEQUENCES FOR CONSUMER WELFARE OF THE 2001-2003 ELECTRICITY DISTRIBUTION PRICE REVIEW IN THE * NETHERLANDS Paul H L Nillesen1 Assistant Director, Corporate Finance & Recovery PricewaterhouseCoopers De Entree 201 Amsterdam, The Netherlands [email protected] Michael G Pollitt2 Senior Lecturer in Business Economics Judge Institute of Management Cambridge CB2 1AG United Kingdom [email protected] September 2004 Abstract The Dutch regulatory process for setting the first X-Factors in the electricity distribution sector has gone badly wrong. During two-and-a-half years four different X-Factors were published by the regulator. These X-Factors fluctuated wildly. We demonstrate that Dutch electricity consumers will pay at least €300mln. more over three years for the distribution of electricity than might otherwise have been the case. We estimate that benefits for the companies in terms of extra revenue from lowered X-Factors amounts to 3~5 percent of total asset value. We provide a history of the regulatory process and analyse the impact of the different X-Factors on the final bills of consumers.
    [Show full text]
  • “The Origin of Specis” (Patent Specifications) BASIC FACTS (A.K.A
    The Origin of Specis (or, nearly everything you wanted to know about patents, but couldn’t be bothered asking) 22.Sep.2021 © Tony McStea 1992-2021 22.Sep.2021 About the Author… (with apologies to Gilbert and Sullivan) When I was a lad, I served a term As patent tech. assistant in a big paint firm I wrote applications and I argued and tried Patent offices to show that grant was justified And this sort of thing so suited me That now I’m patent attorney in industry. Acknowledgement My grateful thanks to all of you out there who helped me with this revised version by offering comments, corrections, criticisms, suggestions and advice, some of which I ignored, which is why the booklet still exists. The responsibility for any errors (not to mention the mediocre drawings and terrible jokes (or is it mediocre jokes and terrible drawings?)) is entirely mine. The responsibility for any views or opinions expressed herein is also entirely mine. N.B. Most costs mentioned herein were correct (more or less) at June, 2015, but, because of the tendency of official fees to fluctuation (and exchange rates to go up and down like yo-yos), and the consequent work of constantly adjusting them, they have been left as they are and are there to be general guides only. 22.Sep.2021 Note: changes to US Law On 16 March 2013 (thus missing by one day the Blessing of St. Patrick on the entire enterprise), the Leahy-Smith “America invents” Act (AIA), the most significant change to US patent law in half a century, came fully into effect.
    [Show full text]
  • How Could It Go So Wrong? Reformatio in Peius Before the Grand Chamber of the Ecthr in the Case Janowiec and Others V
    XXXIII POLISH YEARBOOK OF INTERNATIONAL LAW DOI 10.7420/pyil2013k 2013 PL ISSN 0554-498X Susana Sanz-Caballero* HOW COULD IT GO SO WRONG? REFORMATIO IN PEIUS BEFORE THE GRAND CHAMBER OF THE ECtHR IN THE CASE JANOWIEC AND OTHERS V. RUSSIA (OR POLISH COLLECTIVE MEMORY DECEIVED IN STRASBOURG) INTRODUCTION By a strange coincidence (or not) on 21 October 2013, the European Court of Hu- man Rights (hereinafter ECtHR) issued two judgments which created social alarm in two European States with a vivid interest in the facts under scrutiny. Both were rulings in cases introduced by individuals ex Article 34 of the European Convention on Human Rights1 (hereinafter ECHR). However, what was behind them was not only a personal situation. Instead, the people of those States, namely, Poland and Spain, were deeply concerned because the applications touched upon very sensitive issues at the national level. When the verdicts were given, most people in Poland and Spain gasped, because they had been expecting a very specific solution from the European Court which did not come. They turned their eyes towards the Strasbourg Court in disbelief. The ECtHR guarantees the application of the ECHR and its protocols in the ter- ritory of those European States that have ratified the treaties, but only with respect to events which occurred after the State’s ratification. No more, but no less, than that. Its function is not to heal historical wounds, nor to confirm national authorities’ views or policies on sensitive domestic issues such as the fight against terrorism or the search for truth concerning mass crimes committed decades ago.
    [Show full text]
  • Edition 2013
    Key to the European Patent Convention Edition 2013 Part VI Article 106 - Decisions subject to appeal PART VI - APPEALS PROCEDURE 1. decisions [A106(1)] G0005/91 [T0479/04] Article 106i - Decisions subject to appeal Composition of the opposition division, partiality. (1) An appeal shall lie from decisions1 of the Receiv- ing Section2, Examining Divisions, Opposition Divi- Under the EPC is no legal basis for separate appeal sions3 and the Legal Division. It4 shall have suspen- against an order by a director of a department of first sive5 effect. instance such as an opposition division rejecting an 6 objection to a member of the division on the ground of (2) A decision which does not terminate proceedings suspected partiality. The composition of the opposition as regards one of the parties can only be appealed division could however be challenged on such a together7 with the final decision8, unless the deci- 9 10 11 ground in an appeal against its final decision or against sion allows a separate appeal . a separately appealable interlocutory decision under (3) The right to file an appeal against decisions relat- article 106 (3) EPC. ing to the apportionment or fixing of costs in opposi- tion proceedings may be restricted in the Implement- D0015/95 [D0028/97, D0001/98, D0023/99, ing Regulations. D0024/99, D0009/03, D0025/05] Ref.: Art. 104 R. 63, 65, 68, 90 Of the Disciplinary Committee. PCT: R. 82ter Appealability of a Disciplinary Committee decision dismissing a complaint. A Disciplinary Committee decision dismissing a complaint is a decision in the 1. decisions [A106(1)] ...........................................
    [Show full text]
  • Reopening of Proceedings in Cases of Trial in Absentia: European Legal Standards and Croatian Law*
    Elizabeta Ivičević Karas, PhD, Associate Professor University of Zagreb, Faculty of Law Trg Republike Hrvatske 14, 10 000 Zagreb [email protected] REOPENING OF PROCEEDINGS IN CASES OF TRIAL IN ABSENTIA: EUROPEAN LEGAL STANDARDS AND CROATIAN LAW* ABSTRACT In contemporary criminal procedure, trial in absentia is considered an exception to the general principle that that a person charged with a criminal offence is entitled to take part at the hear- ing. The case law of the European Court of Human Rights defined several rules on trial in absentia, as prerequisites of compliance with fair trial standards from Article 6 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). One of those rules con- cerns the possibility of retrial. Recently Croatia was condemned before in Sanader case, for vio- lation of the right to a fair trial proclaimed in Article 6 ECHR, for the applicant’s inability to obtain a rehearing after conviction in absentia, without prior surrendering to custody based on that conviction. The execution of Sanader judgment included legislative amendments, which were adopted in July 2017. The paper analyses to what extent the present regulation of reopen- ing of proceedings in cases of trial in absentia in Croatian legislation and practice corresponds to the European legal standards. The paper contains theoretical and normative analysis, as well as the research of the jurisprudence of the European Court of Human Rights and of recent jurisprudence of the Supreme Court of the Republic of Croatia. It showed that in Croatian judicial practice there are doubts on the purpose of reopening of proceedings in case of trial in absentia, which should provide “a fresh determination of the merits of the charge” by a court” in “full respect of defence rights”.
    [Show full text]
  • Case T-822/16: Action Brought on 21 November 2016
    C 22/50 EN Official Journal of the European Union 23.1.2017 Mark at issue: EU figurative mark (Representation of a ‘V’) — Application No 10 263 978 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 19 September 2016 in Case R 2030/2015-4 Form of order sought The applicant claims that the Court should: — amend the contested decision by rejecting the opposition in its entirety; — in the alternative, amend the contested decision by declaring that the opposition is also rejected for the goods ‘Goods made of leather or imitations of leather; trunks and travelling bags; umbrellas; parasols and walking sticks; wallets; bags and pouches; rucksacks; belt bags; briefcases; school satchels; school satchels for sport; beach bags; keyrings; hip bags; card cases’ in Class 18 and ‘Clothing, footwear, headgear; belts; gloves’ in Class 25; — in the further alternative, annul the contested decision; — order EUIPO to pay the costs of the proceedings. Pleas in law — infringement of Rule 19(2) and (3) and Rule 20(1) of Regulation No 2868/95; — infringement of Article 8(1)(b) of Regulation No 207/2009; — infringement of the first sentence of Article 60, Article 63(2) and the first sentence of Article 75 of Regulation No 207/ 2009 and of the principle of reformatio in peius as well as of the right to be heard. Action brought on 21 November 2016 — KiK Textilien und Non-Food v EUIPO — FF Group Romania (_kix) (Case T-822/16) (2017/C 022/68) Language in which the application was lodged: German Parties Applicant: KiK Textilien und Non-Food GmbH (Bönen, Germany) (represented by: S.
    [Show full text]