ECJ A case had been referred back to the Office board by the court of first instance. The applicant complained when the same panel members were listed to hear the case again,
Held: The Board of Appeal exercised the same function as the examiner. When it acted, it did so as the administration of the office in exercising those powers, and thus the Board was not properly classified as a tribunal, and therefore no right of fairness to a hearing applied.
Citations:
Times 28-Dec-2002
Jurisdiction:
European
Intellectual Property, Human Rights
Updated: 28 April 2022; Ref: scu.178609
