Friday, 29 March 2013

Voting at the Select Committee

The member states to the unitary patent have set up a Select Committee of the Administrative Council of the EPO.

First point on the agenda is the rules of procedure. The regulations of the council of the EU do not provide much guidance on this point except to make explicit that decisions shall be taken in ´accordance with the rules laid down in Article 35(2) of the EPC´.

Article 35 EPC gives the voting rules of the Administrative Council. Decision according to paragraph 1 require a simple majority, those according to paragraph 2 a majority of three-quarters, and those according to paragraph 3 require unanimity.

I am not really sure what in ´accordance with the rules laid down in Article 35(2) of the EPC´ means. Does it mean that all decision of the Select Committee require a 3/4 majority or only those decision that are analogous to the types of decisions given in A.35(2) EPC? The latter includes by the way the currently important points: fees and implementing regulations. 

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