The Judicial Commission’s complete proposal for election of judges

The Judicial Commission has published a report on its preparatory work for the election of judges for the FPC yesterday. Elections are scheduled for 27 September 2017. The following 34 judges are available and recommended by the Judicial Commission for re-election:

  • BREMI Tobias, 2nd ordinary judge, elected 16 June 2010

Non-permanent judges with a background in technology:

  1. CLERC Natalia, elected 16 June 2010
  2. DUX Roland, elected 28 September 2011
  3. GERVASIO Giovanni, elected 16 June 2010
  4. HERREN Barbara, elected 28 September 2011
  5. KÖPF Alfred, elected 16 June 2010
  6. MÜLLER Christoph, elected 16 June 2010
  7. MÜLLER Markus A., elected 16 June 2010
  8. RIGLING Peter D., elected 16 June 2010
  9. ROLAND André, elected 16 June 2010
  10. ROSHARDT Werner, elected 16 June 2010
  11. RÜEDI Regula, elected 28 September 2011
  12. RÜFENACHT Philipp, elected 16 June 2010
  13. SAAM Christophe, elected 16 June 2010
  14. SCHÖLLHORN SAVARY Andreas, elected 17 June 2015
  15. SCHNYDER Frank, elected 16 June 2010
  16. SPERRLE Martin, elected 17 June 2015
  17. SPILLMANN Hannes, elected 17 June 2015
  18. STOCKER Kurt, elected 16 June 2010
  19. SUTTER Kurt, elected 16 June 2010
  20. VOGEL Daniel, elected 16 June 2010
  21. von BALLMOOS Prisca, elected 28 September 2011
  22. WERNER André, elected 16 June 2010
  23. ZARDI Marco, elected 16 June 2010

Four technical judges are not available for re-election, i.e.

  • Timothy HOLMAN
  • Emanuel JELSCH
  • Herbert LAEDERACH

The following non-permanent judges with a background in law are recommended for re-election (all elected 16 June 2010 for the first time):

  1. ALDER Daniel
  2. DUCOR Philippe
  3. GASSER Christoph
  4. HILTI Christian
  5. HOLZER Simon
  6. KRAUS Daniel
  7. LEGLER Thomas
  8. RENTSCH Rudolf A.
  9. SCHLOSSER Ralph
  10. WILLI Christoph

Only Mark SCHWEIZER is missing on this list of non-permanent judges with a background in law: He is president-elect of the Federal Patent Court; see this Blog here.

Thus, five positions of non-permanent judges (one in law and four in technology) had to be staffed anyway. But the Judicial Commission now proposes for election three non-permanent judges with a background in law, two with a background in technology (see this Blog here) and is seeking two additional non-permanent judges with a background in chemistry to be elected at a later stage (see this Blog here). The pool of judges will thus get bigger. Why is that?

Well, the number of non-permanent judges is not fixed by law. Art. 8(2) PatCA only requires the following:

The Federal Patent Court is composed of two permanent judges and a sufficient number of non-permanent judges. The majority of non-permanent judges must possess technical training.

The Judicial Commission aims to make sure that the FPC has sufficient personnel to staff its benches of judges. Mark SCHWEIZER will need to step back for reasons of potential conflicts of interests for some time anyway, and two of the three proposed non-permanent judges with a background in law are working for law firms which are currently involved in a lot of pending cases before the FPC, either. Proposing three non-permanent judges with a background in law is thus to safeguard a ‘sufficient number of non-permanent judges’.

Reported by Martin WILMING


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