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10 | II Série A - Número: 023S1 | 27 de Outubro de 2014

ARTICLE 16 Appointment procedure

(1) The Advisory Committee shall establish a list of the most suitable candidates to be appointed as judges of the Court, in accordance with the Statute.
(2) On the basis of that list, the Administrative Committee shall appoint the judges of the Court acting by common accord.
(3) The implementing provisions for the appointment of judges are set out in the Statute.

ARTICLE 17 Judicial independence and impartiality

(1) The Court, its judges and the Registrar shall enjoy judicial independence. In the performance of their duties, the judges shall not be bound by any instructions.
(2) Legally qualified judges, as well as technically qualified judges who are full-time judges of the Court, may not engage in any other occupation, whether gainful or not, unless an exception is granted by the Administrative Committee.
(3) Notwithstanding paragraph 2, the exercise of the office of judges shall not exclude the exercise of other judicial functions at national level.
(4) The exercise of the office of technically qualified judges who are part-time judges of the Court shall not exclude the exercise of other functions provided there is no conflict of interest.
(5) In case of a conflict of interest, the judge concerned shall not take part in proceedings. Rules governing conflicts of interest are set out in the Statute.

ARTICLE 18 Pool of Judges

(1) A Pool of Judges shall be established in accordance with the Statute.
(2) The Pool of Judges shall be composed of all legally qualified judges and technically qualified judges from the Court of First Instance who are full-time or part-time judges of the Court. The Pool of Judges shall include at least one technically qualified judge per field of technology with the relevant qualifications and experience. The technically qualified judges from the Pool of Judges shall also be available to the Court of Appeal.
(3) Where so provided by this Agreement or the Statute, the judges from the Pool of Judges shall be allocated to the division concerned by the President of the Court of First Instance. The allocation of judges shall be based on their legal or technical expertise, linguistic skills and relevant experience. The allocation of judges shall guarantee the same high quality of work and the same high level of legal and technical expertise in all panels of the Court of First Instance.

ARTICLE 19 Training framework

(1) A training framework for judges, the details of which are set out in the Statute, shall be set up in order to improve and increase available patent litigation expertise and to ensure a broad geographic distribution of such specific knowledge and experience. The facilities for that framework shall be situated in Budapest.
(2) The training framework shall in particular focus on: (a) internships in national patent courts or divisions of the Court of First Instance hearing a substantial number of patent litigation cases; (b) improvement of linguistic skills; (c) technical aspects of patent law; (d) the dissemination of knowledge and experience in civil procedure for technically qualified judges; (e) the preparation of candidate-judges.