tag:blogger.com,1999:blog-8990057754240336385.post7018080347995802659..comments2024-02-27T09:18:36.160+01:00Comments on DeltaPatents Case Law blog: User consultation on insertion of new Article 15a (oral proceedings by videoconference) in the Rules of Procedure of the Boards of Appeal (RPBA 2020)DeltaPatentshttp://www.blogger.com/profile/07830354704918972593noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-8990057754240336385.post-79420618588194441892020-11-20T14:06:15.811+01:002020-11-20T14:06:15.811+01:00Interesting comment.
Do you refer to Vienna Conve...Interesting comment.<br /><br />Do you refer to Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations (1986)? More specifically, Article 31 "General rule of interpretation":<br />1.A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-48317877324424260612020-11-20T13:15:05.280+01:002020-11-20T13:15:05.280+01:00"Therefore, neither the EPC nor the RPBA 2020..."Therefore, neither the EPC nor the RPBA 2020 exclude oral proceedings by videoconference."<br /><br />Neither does the EPC exclude oral proceedings by telephone conference (not preferred), nor in a room with transparent room dividers in between the various people (preferred over vico)...<br /><br />But did we not all understand "oral proceedings" to refer to in-person proceedings with all persons present? Vienna Convention interpretation?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-73128693086650398922020-11-20T13:07:31.383+01:002020-11-20T13:07:31.383+01:00Will this be a permanent provision? Or will it be ...Will this be a permanent provision? Or will it be cancelled again after Covid-19 has disappeared?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-21856538959524294272020-11-19T22:16:06.323+01:002020-11-19T22:16:06.323+01:00OP per videoconference clearly favours opponents. ...OP per videoconference clearly favours opponents. Any amendments during such OP are communicated to opponents per email and until they can confirm the receipt of such an email, the procedure is stalled.... This opens the door for an abuse.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8990057754240336385.post-75452769011330946552020-11-17T09:47:27.671+01:002020-11-17T09:47:27.671+01:00That in the present situation it might become nece...That in the present situation it might become necessary to hold oral proceedings in form of video-conferences, this should not become the rule for all times, especially not if it is left to the discretionary power of the boards. Once the pandemic is over, oral proceedings should revert to their traditional form. <br /><br />If after the pandemic, parties agree to hold oral proceedings in form of videoconferences, then it would be OK, but consent has to be given. <br /><br />It is in any case necessary to consult the “Travaux préparatoires” having led to Art 116 as it stands. That videoconferences could not be envisaged in 1973 is not at stake.<br /><br />Merely stating that neither Article 116 nor any other Article of the EPC or the RPBA 2020 stipulates that parties to the proceedings, their representatives, or members of the Board must be physically present in the oral proceedings room, is simply ignoring the philosophy behind Art 116. <br /><br />The discretionary power of the first instance bodies is submitted to the review of the boards of appeal, but there is no instance reviewing the discretion left to the boards of appeal. The possibility of filing a petition for review is not an adequate means of redress for discretionary decisions of the boards in view of the case law of the EBA under Art 112a. <br /><br />There is another point which is also crucial: what is the legal basis for the boards deciding that when the oral proceedings is to be held in person, only two representatives by party are allowed. The fact that a board might allow party, representative or accompanying person to attend by videoconference. But this is no replacement for the actual presence of a party, and again, it is left to the discretionary power of the Boards. <br />Attentive Observernoreply@blogger.com