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29. April 2013

New Norwegian Board of Appeal for Industrial Property Rights

Until 1st April this year all decisions from the Norwegian Industrial Property Office (NIPO) could be appealed to the appeal institute “The Second Instance”. From this date the institute was replaced by the new appeal institute “The Norwegian Board of Appeal for Industrial Property Rights” (BoA). The changes are regulated by the amended Act of 22.nd June 2012, no. 58 regulating the organization of the Norwegian Industrial Property Office.

The Norwegian Industrial Properties Office summarises as follows:

 http://www.patentstyret.no/no/Aktuelt/Klagenemnda-for-industrielle-rettigheter/ :

 Duties that up to now have been handled by “The Second Instance” of the Norwegian Industrial Property Office will be transferred to the Norwegian Board of Appeal for Industrial Property Rights. Appeals against decisions from the Norwegian Industrial Property Office  shall as before be filed with the Norwegian Industrial Property Office but all proceedings will be handled by The Norwegian Board of Appeal for Industrial Property Rights. (Our unofficial translation)  

This also means that an appeal against a decision not to grant an application for a patent, a design or a trade mark will be handled by the BoA. Another example is re-examination for the registering of a company name handled by NIPO. Such decisions from NIPO can be appealed to the BoA.  

In contrast to “The Second Instance” the new BoA will not be a part of NIPO. Nevertheless it will, like NIPO, be under the Norwegian Ministry of Trade and Industry. 

With the exceptions of Director Lill Anita Grimstad and Deputy Director Elisabeth Ohm, appointed by the Norwegian Cabinet, the new members of the BoA have not been published yet. 

More information can be found on the official home pages of the BoA http://www.kfir.no/english-summary.aspx  

Decisions by the BoA will also be published here.