Regulations to the Industrial Property Office Act (Industrial Property Office Regulations)

This is an unofficial translation of the Regulations to the Industrial Property Office Act. Should there be any discrepancies between this translation and the authentic Norwegian text, the decision will be made on the basis of the authentic Norwegian text.

Norwegian title: Forskrift til patentstyrelova (patentstyreforskrifta)
English title: Regulations to the Industrial Property Office Act
Entry into force: 1 April 2013

Legal authority: Adopted by Royal Decree on 1 March 2013 pursuant to the Act of 22 July 2012 No 58 on the Norwegian Industrial Property Office and the Board of Appeal for Industrial Property Rights (the Industrial Property Office Act) Section 2 third paragraph and Section 4 third paragraph. Proposed by the Ministry of Trade and Industry.

Section 1. The organisation of the Norwegian Industrial Property Office and its case processing

The Director General of the Norwegian Industrial Property Office shall issue more detailed regulations concerning the organisation and case processing of the Norwegian Industrial Property Office.

Section 2. The Norwegian Industrial Property Office's information services

The Norwegian Industrial Property Office provides information services in the fields of patent, trademark and design rights, including preliminary search services and monitoring of rights. A fee not exceeding the the market price for corresponding services shall be charged for such services. The prices shall be available in a price list stipulated by the Director General of the Norwegian Industrial Property Office.

Payment cannot be charged for information that is provided in order to fulfil a duty to provide guidance pursuant to the Public Administration Act Section 11.

Section 3. The Board of Appeal for Industrial Property Rights

In addition to the chair and deputy chair, the Board of Appeal shall have a sufficient number of external members with the qualifications required to ensure that the tasks of the Board can be performed in a satisfactory manner. The external members are appointed for terms of three years. If the case load makes it necessary, new external members can be appointed at any time.

When a decision by the Board of Appeal is to be made by several members jointly, and they are in disagreement, the decision shall be made by ordinary majority vote. It shall be stated in the decision whether it is unanimous or whether the members have been in disagreement. If the members have been in disagreement, the views of both the majority and the minority shall be set out.

The chair of the Board of Appeal shall issue more detailed regulations concerning the Board's work methods and organisation.

The Board of Appeal shall have a secretariat that shall facilitate the work of the Board, including preparing cases for consideration by the Board.

Section 4. Entry into force etc.

These Regulations enter into force with effect from 1 April 2013. The following regulations shall be repealed from the same date:

Regulations of 25 August 1911 No 3743 concerning the composition of and rules of procedure for the Norwegian Industrial Property Office's Board of AppealsRegulations of 15 February 1991 No 83 concerning the delegation of authority to the Ministry of Trade and Industry pursuant to the Act on the Norwegian Industrial Property Office.Regulations of 1 November 1992 No 780 concerning the organisation and case processing in the first instance of the Norwegian Industrial Property Office.Regulations of 12 November 1993 No 1026 on the delegation of authority pursuant to the Act of 2 July 1910 No 7 on the Norwegian Industrial Property Office Section 11 second paragraph.Regulations of 25 November 1993 No 1298 concerning the delegation of authority to the Norwegian Industrial Property Office.Regulations of 21 November 2000 No 1165 concerning preliminary searches by the Norwegian Industrial Property Office.

Section 5. Amendments to other regulations

From such time as these Regulations enter into force, the following amendments shall be made to other regulations: – – –

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