A guide to the UPC and the UP - Flipbook - Page 82
Administrative Structure
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There are three committees set up to ensure the effective implementation and operation of the
UPCA: the Administrative Committee, the Budget Committee and the Advisory Committee. 126
Administrative Committee
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The Administrative Committee 127 is modelled on the EPO’s Administrative Council. It is
composed of one representative of each Contracting Member State, with a representative of
the European Commission attending Committee meetings as an observer. Each Contracting
Member State has one vote and decisions of the Committee require a majority of three
quarters of the Contracting Member States represented and voting. The chair[person]
is elected by the members of the Committee for a renewable three year term.
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The main duties of the Administrative Committee are as follows:
– Appointing the judges 128 and deciding whether legally qualified judges and full-time
technically qualified judges may engage in any other occupation; 129
– Setting the remuneration of the Presidents, the judges, the Registrar and Deputy-Registrar
and the staff; 130
– Appointing the members of the Advisory Committee; 131
– Setting and reviewing Court fees, 132 the scale of recoverable costs 133 and levels of
legal aid; 134
– Amending the UPCA Statute; 135
– Adopting and amending the RoP; 136
– Establishing the requirements for qualifications which European Patent Attorneys need in
order to represent parties before the Court; 137 and
– Adopting a code of conduct for representatives who appear before the Court. 138
After five years of entry into force of the UPCA and after carrying out a broad consultation with
the users of the patent system, the Administrative Committee will recommend whether to
extend the transitional period by up to seven years. 139
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Amongst its long-term duties, the Administrative Committee is responsible for monitoring the
functioning, efficiency and cost-effectiveness of the Court and, after consultation with users and
an opinion of the Court, making proposals to amend the UPCA. It may also amend the UPCA to
bring it into line with international treaties relating to patents or EU law. However, any such
decision shall not take effect if a Contracting Member State declares within 12 months that it
art.11 UPCA.
art.12 UPCA.
art.16(2) UPCA and art.3 UPCA Statute.
art.17(2) UPCA.
art.12 UPCA Statute.
art.5(2) UPCA Statute.
art.36(3) UPCA. See also, the Rules on court fees and recoverable costs.
r.152(2) RoP. See also, the Rules on court fees and recoverable costs.
art.71(3) UPCA.
art.40(2) UPCA.
art.41(2) UPCA.
art.48 UPCA. See chapter 23 (Legal Representation, Privilege and Code of Conduct).
r.290(2) RoP. See also chapter 23 (Legal Representation, Privilege and Code of Conduct).
art.83(5) UPCA.
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A Guide to the UPC and the UP 72
