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Administrative Council of the European Patent Organisation : ウィキペディア英語版
Administrative Council of the European Patent Organisation

The Administrative Council of the European Patent Organisation is one of the two organs of the European Patent Organisation (EPOrg), the other being the European Patent Office (EPO). The Administrative Council acts as the Organisation's supervisory body〔 as well as, to a limited extent, its legislative body.〔 The actual legislative power to revise the European Patent Convention lies with the Contracting States themselves when meeting at a Conference of the Contracting States. In contrast, the EPO acts as executive body of the Organisation.〔(Gower's Report on Intellectual Property ), para 1.34〕
== Composition and competences ==
The Administrative Council is made up of members of the contracting states and is responsible for overseeing the work of the European Patent Office,〔 ratifying the budget and approving the actions of the President of the Office.〔 The Council is also competent for amending the Rules of the European Patent Convention (EPC) and some particular provisions of the Articles of the EPC.〔
Jesper Kongstad was elected as Chairman of the Administrative Council on June 29, 2010 and took up office on July 1, 2010 for a period of three years,〔 later extended to six years.〔 The Chairperson of the Administrative Council is responsible for the work of the Council and its function.〔Article 4(1) of the Rules of Procedure of the Administrative Council, as amended by the (Decision of the Administrative Council of 7 December 2006 revising the Rules of Procedure of the Administrative Council of the European Patent Organisation ).〕 The Chairperson also presides over the meetings of the Council.〔Article 4(2) of the Rules of Procedure of the Administrative Council.〕
Under , the Administrative Council has set up a Board composed of five of its members,〔Managing Intellectual Property, ''Fees may rise as EPO stresses quality'' (Interview: Roland Grossenbacher), February 1, 2008〕 including the Chairman, the Deputy Chairman and three other members elected by the Administrative Council, to perform duties assigned by the Administrative Council. The Board is informally called "Board 28", named after Article 28 EPC, and as of 2008 was carrying out a "workload study", i.e., a study on how to manage the workload facing the European Patent Office.〔
The Administrative Council is in charge of appointing the President of the European Patent Office (EPO). A majority of three-quarters of the votes of the Contracting States represented and voting is required for appointing the President of the EPO. Reaching a decision on the appointment of a President was difficult in 2003,〔EPO web site, (''President Kober's mandate extended at the EPO'' ), Press releases, June 6, 2003 (archived version on archive.org).〕 leading to a split tenure (as a result of a compromise, Alain Pompidou (France) was elected for three years and Alison Brimelow (United Kingdom) succeeded him for an equal term),〔Anjana Ahuja, (''An obstacle to the patently obvious'' ), The Times, October 27, 2003. Consulted on December 13, 2009.〕〔EPO web site, (''Election of the President of the European Patent Office'' ), Press releases, 30 October 2003 (archived version on archive.org).〕〔Chartered Institute of Patent Attorneys (CIPA) web site, (''EPO deadlock broken at last'' ), CIPA News, 30 October 2003. Consulted on December 13, 2009.〕〔Marc Broyde, Paul M. Clarkson, (''Who Runs the European Patent Office?'' ), Intellectual Property Newsletter, December 8, 2003. Consulted on December 13, 2009.〕 and was difficult again in 2009, requiring twenty votes and four meetings.〔EPO web site, (''Decision on next EPO President deferred'' ), News, 30 October 2009. Consulted on December 12, 2009.〕〔EPO web site, (''Communiqué from the Administrative Council'' ), Updates, December 11, 2009. Consulted on December 12, 2009.〕〔 Stefan Krempl, (''Führungskrise beim Europäischen Patentamt'' ), heise online, 11.12.2009 18:23. Consulted on December 12, 2009.〕〔EPO web site, (''EPO President - election procedure suspended'' ), News, 3 February 2010. Consulted on December 6, 2010.〕〔James Nurton, (''How the EPO race was won'' ), Managing Intellectual Property, Weekly News, 1 March 2010. Consulted on March 6, 2010.〕 When voting, a lot of the members of the Administrative Council are reportedly working under instructions from their respective government, whereas the governments "can have many motivations for supporting one person rather than another."〔

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