The Board of Appeal for Industrial Property Rights (the Board of Appeal) is the appeal body for cases as stipulated in the Patents Act, the Business Names Act, the Designs Act, the Trademarks Act, the Precious Metals Act and the Act relating to the Plant Breeders' Right.
The Board of Appeal is an independent public administrative body that is subordinate to the ministry. Section 2 first paragraph second and third sentences apply correspondingly to the Board of Appeal in its consideration of appeals pursuant to the statutes mentioned in the first paragraph of this section and in connection with lawsuits brought against decisions made by the Board of Appeal in such cases.
The Board of Appeal shall have a chair, a deputy chair and as many members as are necessary in order to perform the tasks assigned to the Board. The chair and deputy chair of the Board must meet the requirements that apply to judges. Moreover, the members of the Board shall have the competence required to ensure that appeals are given satisfactory consideration.
The chair and deputy chair are appointed by the King in Council. The other members of the Board of Appeal are appointed by the ministry for a term of up to five years, with the option of reappointing them. Employees of the Norwegian Industrial Property Office may not be members of the Board of Appeal.