- Advocate General opines on EUIPO’s power to revoke its own decisions (Repower AG v EUIPO)
- What are the practical implications of this case?
- What was the background?
- What did the AG opine?
- Case details
IP analysis: This opinion clarifies the legal basis on which the EUIPO Boards of Appeal are able to revoke their own decisions. The Advocate General was asked to opine on two grounds of appeal relating to the interpretation of Articles 80 and 83 of Regulation (EC) 207/2009, in the context of an appeal in respect of invalidity proceedings. He concluded that one of the grounds—the allegation that there was an incorrect application of the general principle that administrative acts may be revoked in breach of Articles 80 and 83 of Regulation (EC) 207/2009—should be ruled inadmissible or, in the alternative, dismissed. He concluded that the other ground—the allegation of infringement of Article 83 of Regulation (EC) 207/2009, by reversing the burden of proof against the appellant—should be dismissed as ineffective or, in the alternative, upheld, and that the case should be referred back to the General Court.
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