Monday, February 22, 2010 EQE 2010 - possible topic

The last couple of years added subject-matter has not been tested in a complex situation; the issue of disclaimers has also not been in the C exam following G1/03 and G2/03. Combining those two can lead to interesting issues in the exam. For example, the client may be upset that the proprietor introduced a disclaimer during examination. Your first assessment of Annex 1 may reveal that the disclaimere was introduced to restore novelty over an Art.54(3) prior right (e.g. Annex 3). So, it looks like this is an allowable disclaimer. Later you may discover that a normal Art.54(2) disclosure, e.g. Annex 4, which is not an accidental disclosure, already discloses the disclaimed subject-matter. The disclaimer is thus not allowable and vioates Art.100(c) (in view of Art.123(2)).

Any other interesting topics?