Intellectual Property and the Judiciary
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Intellectual Property and the Judiciary

Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba

Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Chapter 13: The Boards of Appeal of the European Union Intellectual Property Office: an alien within the landscape of European administrative law!

Stefan Martin

Abstract

The Boards are an independent body within the European Union Intellectual Property Office entrusted with the adjudication of all appeals from all decisions of the examiners, the Opposition Division, the Cancellation Division or the department in charge of the Register. They provide a second independent review of a case and filter the number of cases reaching the General Court. This chapter investigates the legal nature of the Boards and revisits the issue of the standard of review of the decisions of the Boards.

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