Monday 25 January 2016

Double Agent In The Room - T 1693/10

The representative appelant in the oral hearing for the case T 1693/10  took the defendant's representative by surprise by appearing in the company of new colleague who had previously worked in the same firm and same department as defendant's representative.  According to the appelant, he had access to the files and to internal information and his presence was a substantial procedural violation.

Though the alleged double-agent agreed to not saying anything and to only assist the representative as an "accompanying representative", this rendered his former colleague sufficiently nervous to requset that his former colleague be excluded from the hearing and to raise an objection under Rule 106EPC otherwise.

The Board was unimpressed by the presence of the double-agent and pointed out that it was not the body to decide on the epi code of conduct which would be applicable in the case of an eventual conflict of interest.

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