A guide to the UPC and the UP - Flipbook - Page 83
does not wish so to be bound, in which case a review conference of the Contracting Member
States will be convened. 140
Budget Committee
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The operating costs of the Court are covered by the budget of the Court which is financed by
the Court’s own revenues and fees and, during the transitional period, 141 by contributions from
the Contracting Member States. 142 The budget is adopted by the Budget Committee on a
proposal from the Presidium, and the Registrar is responsible for the implementation. 143
The Budget Committee 144 has one representative from each Contracting Member State,
each having one vote. Unlike the Administrative Committee, the European Commission does
not sit on the Budget Committee. Most decisions only require a simple majority, but adoption of
the budget requires a three-quarters majority. The chair is elected by the members of the
committee for a renewable three year term. The roles of the Budget Committee are specified
in Ch.III UPCA Statute and include appointing and dismissing the auditors and approving the
annual accounts and auditor’s report. 145 The budget of the Court should be balanced, but if
the Budget Committee is unable to do so, the Contracting Member States will make special
financial contributions. 146
Advisory Committee
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The work of the Advisory Committee mainly relates to the appointment and training of the
judges. Members of the Advisory Committee must be patent judges and practitioners in patent
law and patent litigation “with the highest recognised competence”. 147 They are appointed by
the Administrative Committee, each Contracting Member State having the right to propose one
person for membership, subject to the requirement that the composition of the committee
must ensure a broad range of relevant expertise. 148
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The Advisory Committee assists the Administrative Committee in the preparation of the
appointment of judges by establishing a list of the most suitable candidates to be appointed
as judges 149 and giving an opinion on the candidates’ suitability including, if necessary,
recommending training in patent litigation before any decision to appoint. 150 The Advisory
Committee also makes proposals to the Presidium on the guidelines for the training framework
for judges and delivers opinions to the Administrative Committee concerning the requirements
for qualifications which European Patent Attorneys need in order to represent parties before
the Court. 151
140
141
142
143
144
145
146
147
148
149
150
151
art.87 UPCA.
art.83 UPCA.
arts 36(1) and 37(1) UPCA.
arts 26(1) and (3) UPCA Statute.
art.13 UPCA.
arts 32(1) and (4) UPCA Statute.
arts 36(1) and (4) UPCA.
art.14(2) UPCA.
art.14(3) UPCA.
arts 14(1)(a) and 16(1) UPCA.
art.3(2) UPCA Statute.
arts 14(1)(b) and (c) UPCA.
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A Guide to the UPC and the UP 73
