Judgment No. 3989

• Organization: European Patent Organisation (EPO)
• Date: 26.06.2018
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. Judgment 3972 is to be interpreted and executed in accordance with consideration 4 of the judgment.
2. All other claims are dismissed.

Summary

The EPO has filed an application for interpretation of Judgment 3972.

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3972

Keywords

application for interpretation; application filed by the organisation

Consideration 5

Extract:

The other questions entail, in substance, a request for an advisory opinion from the Tribunal [...]. However, it is not for the Tribunal to advise the parties with any particularity about what they should do or refrain from doing and whether a proposed course of conduct is in conformity with, or violates, provisions in the Service Regulations. In the event that either party, and the EPO in particular because it is amenable to proceedings against it in a further complaint or other proceedings, behaves unlawfully, the conduct is open to review.

Keywords

application for execution; competence of tribunal

Consideration 5

Extract:

Both the EPO and the complainant must approach the implementation of the orders in a rational, sensible and balanced way and, as a paramount consideration, do so lawfully (see, for example, Judgment 3823, under 4).

Reference(s)

ILOAT Judgment(s): 3823

Keywords

execution of judgment