Tags: administrative board, appointment, boa, community trade mark, community trade marks, conditions of employment, council regulation, ec, european communities, european union, financial matters, harmonization, legal personality, office for harmonization in the internal market, periods, retirement, selection procedure, servants, temporary staff, trade mark applications,
SELECTION PROCEDURE FOR DRAWING UP A RESERVE LIST FOR POSTS OF MEMBER OF THE
BOARDS OF APPEAL OF THE OFFICE FOR HARMONIZATION IN THE INTERNAL MARKET
(TRADE MARKS AND DESIGNS)
VEXT/08/566/AD/BoA
1. DESCRIPTION OF THE OFFICE 4. APPOINTMENT
The Office for Harmonization in the Internal Market (Trade Marks Members of the Boards of Appeal are appointed, for a period of five
and Designs), "the Office", was established by Council Regulation years, by the Administrative Board of the Office. This term of office
(EC) No 40/94 of 20 December 1993 on the Community trade mark may be renewed for additional five-year periods or until retirement
(OJ EC L 11, 14.01.1994) 1. age if that age is reached during the new term of office.
The Office, which has legal personality and is independent as The date foreseen for taking up the duties for the posts is during
regards technical, administrative and financial matters, is responsible 2009.
for administering the Community trade mark and the Community
design systems. Community trade marks and designs registered by 5. CONDITIONS OF EMPLOYMENT
the Office produce their effects throughout the whole of the
European Union. A five-year contract as a member of the temporary staff pursuant to
Article 2(a) of the Conditions of Employment of Other Servants of
The total number of Community trade mark applications filed by the the European Communities, in the function group of administrators
end of December 2006 was approximately 550 000, of which (AD), grade 11 will be offered to the chosen candidate. The basic
approximately 78 000 were filed in 2006. 69 000 Community designs monthly salary corresponding to the first step of this grade is
were filed during the same year. The Office's budget for 2007 was EUR 8500,81. There are additional salary elements reflecting
approximately EUR 275 million and the number of posts was in the marital status and dependent children. Furthermore, various
region of 650. allowances for removals and travel are provided, and also accident
and health insurance and a pension scheme. Pay is subject to
The languages of the Office are Spanish, German, English, French
Community tax and other deductions laid down in the Conditions of
and Italian.
Employment of Other Servants of the European Communities. It is
The Office has its seat in Alicante, Spain. however exempt from any national tax. Dependent children can
attend the European School in Alicante free of charge. The Office
offers relocation services. A relocation agency will contact the
2. THE BOARDS OF APPEAL candidate before entering service and will help him/her with finding
permanent accommodation, and will provide information about
The Boards of Appeal are responsible for deciding on appeals Alicante, hotel and car rental, and other useful information, for
against decisions of the examiners, the Opposition Divisions, the example, about the airport pick-up service.
Administration of Trade Marks and Designs Division and the
Cancellation Divisions of the Office. Members of the Boards of Appeals appointed as a result of this
selection procedure and whose term of office was renewed for a new
Decisions of the Boards of Appeal are taken by Boards composed of term of office in accordance with Article 131(2) of the Regulation
a chairperson and two members. Two of the three must be legally No 40/94, could be reclassified by the Administrative Board of the
qualified. In certain specific cases, decisions are taken by an Office on proposal of the President of the Boards of Appeal in
enlarged Board or by a single member, who must be legally function group AD, grade 12, given their previous experience as
qualified. According to service requirements, members may be members of the Boards of Appeal.
appointed to one or several Boards of Appeal. The members of the
Boards of Appeal are independent. In their decisions they are not Successful candidates:
bound by any instructions. · who were formerly appointed as members of the Boards of
Appeal by the Council pursuant to the procedure laid down
The Boards of Appeal currently consist of one President, three in Article 131(1) Regulation Nš 40/94, before the
chairpersons and eleven members assisted by legal and amendment provided in Regulation (EC) No 422/2004 of
administrative personnel and supported by the Registry and the 19 February 2004 (OJ EU L70/1 of 9 March 2004); and
Documentation and Support Service. About 70 persons work in the · whose initial contract was established under the former
Boards of Appeal and their supporting services. Conditions of employment of other servants of the
European Communities ("CEOS"); and
The Boards receive about 1 800 appeals annually, of which 65% are
· whose term of office is renewed as a result of this selection
in English, 20% in German and the rest in other languages of the
procedure; and
EU.
· whose grade at the time of renewal is higher than the grade
AD12,
3. POST TO BE FILLED
may be reclassified by the Administrative Board of the Office on
proposal of the President of the Boards of Appeal in a grade (up to
The Office is seeking candidates to establish a reserve list for filling
grade AD13) and in a step such that, in accordance with the
a minimum of two posts of member (female or male) of the Boards
provisions laid down in the CEOS in force, their basic salary is at
of Appeal.
the closest possible level (by excess or by default) to the basic
salary2 they received at the end of their immediately previous term
of office.
1
As modified by Council Regulation (EC) Nš 422/2004 of 19 February
2
2004 (OJ L 070, of 09/03/2004, p. 1) Calculated after the final application of the multiplication factor.
Employment shall be terminated either on the date established in the by midnight on 14/03/2008 at the latest (Alicante time, the postmark
contract or at the request of the member of the temporary staff in will serve as proof of the date of dispatch), enclosing the application
question, upon the conclusion of three months' notice, without form, dated and signed. The form is available on the website of the
prejudice to the relevant provisions of the above-mentioned Office: http://oami.europa.eu
Conditions of Employment.
Please note, in particular, that all sections of the form must be
6. BASIC REQUIREMENTS completed. An incomplete application form (for example one
bearing remarks such as "see CV attached") will not be taken into
Candidates must be nationals of one of the Member States of the European account.
Union.
Applications must be sent by registered post. The envelope and all
Candidates must not have been convicted or found guilty of any correspondence should bear the following reference:
criminal offence. VEXT/08/566/AD/BoA.
Pursuant to Article 131(2) of Regulation (EC) No 40/94 on the The envelope must be marked as follows: "Not to be opened by the
Community trade mark, as amended by Council Regulation (EC) No mail service".
422/2004 of 19 February 2004, candidates must be in a position to
fulfil a full first term of five years from the date of taking up the 10. SELECTION PROCEDURE
duties. The term of office cannot go beyond the end of the month in
which the candidate reaches the compulsory retirement age (65) Selection will be conducted under the control of the Administrative
under the pension rules of the European civil service. Board.
7. MINIMUM QUALIFICATIONS AND EXPERIENCE AND Applications from candidates who do not fulfil the basic
LANGUAGE SKILLS REQUIRED requirements or do not possess the minimum qualifications and
experience required will be rejected.
Candidates must be able to work in a multilingual environment (a
body of the European Union) and must have the ability to work on a At a later stage in the procedure, candidates will be requested to
large number of cases, which must be decided within reasonable provide evidence that they have not been convicted or found guilty
time limits and in a collegial way, following objectives defined by of any criminal offence as well as supporting documents relating to
the President of the Boards of Appeal. the basic requirements laid down, the minimum qualifications and
experience required and other qualifications required, in particular:
The minimum qualifications and experience required are as follows:
1) A copy of an identity document (such as passport or
a) A level of education which corresponds to completed university
ID card);
studies attested by a diploma when the normal period of
2) Copies of diplomas to attest the qualifications
university education is four years or more, or a level of
specified on the application form;
education which corresponds to completed university studies
3) Copies of certificates or other documents relating to
attested by a diploma and appropriate professional experience of
the professional experience mentioned in point 7 to
at least one year when the normal period of university education
attest claims made on the application form.
is at least three years; and
b) At the deadline for submitting applications, a minimum of 15
Any qualification or professional experience not supported by
years' appropriate work experience related to the type of tasks to
documentary evidence, such as copies of diplomas or certificates of
be carried out, acquired following the award of the diploma or
employment, will be disregarded and may result in the application
the diploma and the experience mentioned above; and
being rejected, regardless of the stage of the procedure. In particular,
c) At least five years of this experience must have been spent in
references to documentary evidence contained in previous
the field of intellectual property and, in particular, in the area of
applications (or in the personal file of an internal applicant) will not
trade marks or designs.
be taken into consideration.
Candidates must also have a thorough knowledge of one of the
On completion of the selection procedure, successful candidates will
official languages of the European Union and a satisfactory
be placed on a reserve list of a maximum of 4 candidates. While
knowledge of a second official language of the European Union.
offering no guarantees, inclusion on the list will mean that
One of these languages must be one of the five languages of the
candidates may be offered a temporary staff contract, depending on
OHIM, namely, Spanish, German, English, French and Italian.
the requirements of the Boards of Appeal. The reserve list will be
valid until 31/12/2009.
8. OTHER QUALIFICATIONS
The OHIM will ensure that candidates "personal data are processed
The following will be considered an advantage:
as required by Regulation (EC) Nš45/2001 of the European
· A university degree in law; Parliament and of the Council of 18 December 2000 on the
· Professional experience of working in a language other than the protection of individuals with regard to the processing of personal
candidate's mother tongue; data by the Community institutions and bodies and on the free
· Thorough knowledge of English or German. movement of such data. This applies in particular to the
confidentiality and security of such data (Official Journal of the
9. SUBMISSION OF APPLICATIONS European Communities L8 of 12 January 2001".
For an application to be valid, candidates must write to the following The OHIM applies a policy of equal opportunities and accept
address: applications without distinction on the grounds of sex, race, colour,
ethnic or social origin, genetic features, language, religion, political
Chairman of the Administrative Board or any other opinion, membership of a national minority, property,
Office for Harmonization in the Internal Market birth, disability, age or sexual orientation.
(Trade Marks and Designs)
Avenida de Europa, 4
E - 03008 Alicante
SPAIN
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11. FURTHER INFORMATION
Further information may be obtained from:
Peter Lawrence
Vice President and Director
Human Resources Department
Office for Harmonization in the Internal Market
(Trade Marks and Designs)
Avenida de Europa, 4
E - 03008 Alicante
SPAIN
Tel.: (+34) 965 139 147
Fax: (+34) 965 139 952
e-mail: peter.lawrence@oami.europa.eu
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