Transitional rules to the Industrial Property Office Act

This is an unofficial translation of the Transitional rules to the Act on the Norwegian Industrial Property Office. 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: Overgangsreglar til lov 22. juni 2012 nr. 58 om Patentstyret og Klagenemnda for industrielle rettar
English title: Transitional rules to the Act of 22 June 2012 No 58 on the Norwegian Industrial Property Office and the Board of Appeal for Industrial Property Rights.
Short title: Transitional rules to the Industrial Property Office Act
Entry into force: 1 March 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 10 second paragraph second sentence. Proposed by the Ministry of Trade and Industry.

  1. The Industrial Property Office Act Section 7 does not apply to applications, objections or requests for an administrative review or administrative patent limitation submitted before 1 April 2013. The Industrial Property Office Act Section 7 shall nonetheless apply to the consideration of appeals in such cases, if the appeal is submitted on 1 April 2013 or later.
  2. The Industrial Property Office Act Section 9 does not apply to requests for and administrative review and to the consideration of appeals in such cases when the request for an administrative review is submitted before 1 April 2013.
  3. The provisions of the Industrial Property Office Act Section 2 first paragraph second sentence and Section 3 second paragraph second sentence to the effect that the Industrial Property Office and the Board of Appeal for Industrial Property Rights cannot be instructed in matters relating to their handling of lawsuits brought against their decisions in cases pursuant to legislation concerning industrial property rights, shall only apply to lawsuits for which a writ is issued on 1 April 2013 or later.
  4. The amendments to the Patents Act Section 27 third paragraph third sentence, Section 39d third paragraph third sentence, Section 52e fourth paragraph third sentence, the Business Names Act Section 3-8 fourth paragraph fourth sentence, the Act relating to the plant breeder's right Section 12 second paragraph second sentence, the Designs Act Section 39 second paragraph fourth sentence and the Trademarks Act Section 52 second paragraph fourth sentence shall only apply to lawsuits for which a writ is issued on 1 April 2013 or later.
  5. The Board of Appeal for Industrial Property Rights shall take over all cases from the Norwegian Industrial Property Office's Board of Appeal with effect from 1 April 2013. This also applies to the handling of unconcluded lawsuits against decisions by the Norwegian Industrial Property Office's Board of Appeal. Insofar as this is necessary, the chair of the Board of Appeal for Industrial Property Rights will reassign unconcluded appeal cases pursuant to the provisions of the Industrial Property Office Act Section 4.
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