Other types of appeals
The Norwegian Board of Appeal for Industrial Property Rights (KFIR) will consider the appeal. The appeal should be sent to the Norwegian Industrial Property Office (NIPO), which will forward it to KFIR. You can appeal decisions by the NIPO (administrative review) and KFIR further to the courts (district court).
You can appeal to KFIR in these situations
- The NIPO has declined to register your design because we do not believe it to be a design within the meaning of the law, or that it is contrary to public interests.
- You have discovered circumstances that suggest that a registered design ought to have been denied.
- The NIPO has decided an administrative review case (described above) or a case concerning administrative cancellation, where the design has been registered for a holder who does not have the right to the design. You believe the decision to be incorrect.
- The NIPO has decided to cancel a registration at its own discretion due to an evident error, but you do not agree with the decision.
- The NIPO has rejected or refused a case concerning resumption, exemption from publication, access to documents, renewal of a design registration, or a case being considered despite the time limit having been exceeded. You disagree with the refusal or rejection.
Which of the NIPO's decisions are you appealing against?
- In a design application.
- In a request for an international design registration to take effect in Norway.
- If we have declined to register your design because we do not believe it to be a design within the meaning of the law, or believe that it is contrary to the public interest.
- If we have registered a design that should not have been registered, for example we have not discovered aspects which suggest that that it ought to have been declined.
- In administrative review cases (described above).
- In cases of administrative cancellation, where the design is registered to a holder who does not have the right to the design.
- To cancel a registration at its own discretion due to an evident error.
- The NIPO's rejection or refusal in cases concerning resumption, exemption from publication, access to documents, renewal of a design registration, or a case being considered despite the time limit having been exceeded.
Time limit for appeals
The time limit for appeals is 2 months from the date when the NIPO's decision was sent to the parties. You must send the appeal to the NIPO. If it is clear that the appeal will be successful, the NIPO has the option of cancelling or amending its decision. If not, the appeal will be forwarded to KFIR.
What can you appeal to the courts?
Decisions by the NIPO (administrative review) and KFIR can be appealed further to the courts (district court).
If you have submitted a request for administrative review, you cannot bring legal action on invalidity or transfer while the case is being processed at the NIPO.
Decisions made by KFIR can only be brought before the courts by an applicant or rights holder against whom a decision has been made. The general rule is that legal action must be brought within 2 months from the day when the decision was sent from KFIR. If a decision is appealed to the courts, KFIR must inform the NIPO accordingly, so that the NIPO database can be updated, and the decision must be announced in the Norwegian Design Gazette (Norsk designtidende).