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Notice Of Appeals Board For Patents And Trademarks

Original Language Title: Bekendtgørelse om Ankenævnet for Patenter og Varemærker

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Table of Contents

Chapter 1 Competency of the Kennet

Chapter 2 Composition and organization

Chapter 3 Secretariat

Chapter 4 Preparing to prepare

Chapter 5 Mundly negotiated

Chapter 6 Consultation and decision

Chapter 7 Recording

Chapter 8 Special provisions

Chapter 9 Entry into force into force

Publication of the Board of Patents and Trademarks

Purline of the Section 7 (4) of the patent. 2 and 4, cf. Law Order no. 91 of 28. 1 January 2009 and section 17 (3). One and two, in the law. 778 of 9. In December 1987 on the protection of the design of semiconductor products (topography) :

Chapter 1

Competency of the Kennet

§ 1. The Board of Appeal Affairs shall be handling complaints against decisions taken by the Patent and Commodities Management Board. Complaguing may be submitted

1) patents, cf. Patent Act section 24, 25 and 67,

2) additional protection certificates for medicinal products and additional protection certificates for plant protection products, cf. Patent Code, section 91,

3) usage models, cf. ~ § 25, 34, paragraph 1) 2 and 63 of the right to use, etc.,

4) patterns, cf. Pattern Law, section 22,

5) design, cf. the sections 34 and 35 design law ;

6) trademarks, cf. Item 46, section 46 of the trade mark ;

7) common marks, cf. Joint mark-over section 2,

8) topography of semiconductor products, cf. Section 17, in the case of the protection of the design of semiconductor products (topography),

9) the request for access to no. 1-8.

Chapter 2

Composition and organization

§ 2. The Board of Appeal shall consist of up to 18 members appointed by the Minister for Economic Affairs and the Economic Affairs Minister. The appointment shall be made up to five years at a time. At least two members of the members, the chairman and the Vice-President, must comply with the general conditions in order to be appointed to the national judge, and shall also be put together in such a way that the members together have the best expertise available to them ; relating to patents, use models, designs, trademarks and topography of semiconductor products. The members shall be given the Danish Technical University of Denmark, the other higher colleges or otherwise acquired the expertise required.

Paragraph 2. Members of the Board of Indimites may be reappointed.

§ 3. The chairman of the Board of Indiiles shall ensure that the work of the claims is carried out appropriately and may lay down detailed rules for the activities of the Kenkennet Company. In the absence of the President, the Vice-President shall attend his duties and be assisted by a secretariat.

Paragraph 2. In the event of the President's decision, the Vice-President shall be responsible for the chairperson ' s powers conferred on the notice to the President.

§ 4. The President may call on all members of the Board Board to the Joint Meeting to inform and discuss the administrative and other matters relating to the activities of the Kenkennet Company.

Paragraph 2. A minority of three members may call on all members of the Joint Meeting to decide on a final decision on the activities of the Kenkennet Company. In the joint meeting, a decision may be taken if at least half of the members of the Member States are present. Decisions shall be taken by a simple majority. In voting, the President's voice is crucial.

§ 5. The term of office of the applicant shall determine the manner in which the decisions of the Board shall be published.

Chapter 3

Secretariat

§ 6. The Ministry of Economic and Business Affairs is providing secretarial assistance to the Board of Justice.

Paragraph 2. The secretariat shall be able to be consulted by experts as consultants.

§ 7. The secretariat shall provide the Board of Auditors ' aid to the latter ' s work, including the ongoing updating of the Internet ' s website on the Internet and the preparation of the annual activity report.

Chapter 4

Preparing to prepare

§ 8. The appeal shall be lodged with the Board of Appeal, or of the Board of Appeal.

Paragraph 2. The complaint shall be indicated :

1) the decision to be made,

2) the complainant and

3) the appeal of the complainant and the evidence.

Paragraph 3. If the complainant will not invoke evidence of any previous evidence, they shall be indicated in the complaint. If the complainant wishes to submit further speeches, the complaint shall contain a request. The Board of Appeal sets a time limit for this.

Paragraph 4. The complaint shall accompany a fee of DKK 8 000. in the case of patent cases, cf. § 1, no. One, five thousand. for use model cases, cf. § 1, no. Three, plus 4,000 kroner. for matters relating to the other rights areas referred to in section 1. If payment is not made before the expiry of the complaint, the complaint shall be rejected.

Paragraph 5. In the cases referred to in section 27, where a request for a retrial is requested, a fee of DKK 4,000 DKK is paid.

Paragraph 6. The request for access to documents shall not be charged on charges of a request for access to documents.

Paragraph 7. If the complaint is presented, the fee is repaid. If the complainant is given to the complainant in the lodged complaint, the Board of Inferno may make provision for the full or partial refund of the payment of the fee.

Paragraph 8. As an Annex, if requested by the Board of Appeal, the power of attorney shall be granted full power of the power of the full.

§ 9. If the complainant has a counterpart, the Board shall notify the complaint of the complaint.

Paragraph 2. If the complaint is not rejected, a copy of the complaint with appendiptive annexes and further entries submitted by the complainant shall be sent to the counterpart, which shall have the opportunity to present, within one of the Board of Appeal, to present it. remarks to the complaint. The provisions of section 8 (4). 1 3, shall apply mutatis mutis.

Paragraph 3. In addition, the complainant and the Board of Appeal shall be added to the appeal.

§ 10. For a party, outside the cases referred to in sections 8 and 9, a time limit for making additional contributions to the proceedings, he shall forthwith make a valid request. Such a request may be accommodated only to the extent that it is required in the case of the nature of the case.

Paragraph 2. If new speeches are made, they will be sent to the other parties.

§ 11. The case preparation and voting on the Board of Ass are in writing. However, in the specific case, the President may, in exceptional circumstances, decide that oral proceedings should take place, cf. Cap. 5.

§ 12. The Board of Appeal may obtain statements from the Danish Patent Office, the Parties, or to specialised experts. The parties shall have the opportunity to express an opinion on such posts within one of the Board of Indicones.

§ 13. Where the preparation of the case is closed, the parties to the proceedings must be given the opportunity to request an oral debate by the parties concerned, or whether a previous request to that effect must be retained, after which the President will take a position. to see if the request may be granted exception, cf. § 11. A party which does not comply with the time limit set out shall be deemed to have been taken from oral proceedings.

Paragraph 2. Where the declaration has been declared to be completed, the material shall not be included in the face of the affining proceedings unless the President is authorized to do so in exceptional circumstances. If the Chair allows new material, this shall be sent to the other parties of the case.

§ 14. If complaints are made to revoke its appeal, the President shall decide whether or not to be revoked. Complagues, the other parties and the Patent and Commodities Management Board shall be notified accordingly.

Chapter 5

Mundly negotiated

§ 15. Invocation to oral proceedings shall be taken in writing no later than six weeks before the debate takes place. The secretariat of the anchorage shall be anchored prior to the oral debate that time, place and agenda shall be published on the website of the Kenkeneus.

Paragraph 2. The Parties shall transmit, within two weeks of oral proceedings, a document to the secretariat of the staff of the staff with a copy of the party to any counterpart. The chaperone document shall contain the claims and claims of the part of the party and an indication of the documents which the party will invoke, and the evidence that was carried out during the infamous meeting of the person.

Paragraph 3. If a party to the oral debate wishes to clarify or to document individual supporting documents in the case, the annexes or extracts thereof shall be accompanied by the document on the document.

§ 16. Mundly negotiation is public. The President of the Commission may, however, decide that the debate must take place for closed doors if it is deemed necessary to prevent trade secrets from being revealed, or, incidentally, when special conditions are specified.

§ 17. If a party, a witness or expert does not have sufficient Danish language, then interpreter shall be used if the President decides otherwise. The President shall decide on who is to hold the expenditure.

§ 18. A party cannot change his claim or invoke new applications or proof. If the Board of Indicor considers that it is excusing that the change of assertion or the new application or certificates has not previously been produced, then, in exceptional circumstances, is permitted to be permitted. The same shall apply if the Board of Indiies considers that the modified claim is to be considered as contained in the previous assertion or merely clarifies it.

Paragraph 2. In the case of the Board of Convenance that a party alters its claim or invokes new claims or leads to new evidence, the Board of Conventions may be subject to the proceedings or at the request of the request.

Paragraph 3. Explanes of testimony shall not be permitted unless the Board of Avenes gives permission to this.

Paragraph 4. If a party requires it to be treated in the oral proceedings during the oral debate, the material or the involvement of the proceedings may be of significant significance for the case to which the parties have not previously been made aware, and postponement is not evidently required.

Chapter 6

Consultation and decision

§ 19. The President decides, taking into account the merits of each case, who and how many of the members of the name of the entity who, in addition to the President, must take part in the proceedings and decisions of the proceedings, cf. however, paragraph 1 Two and three.

Paragraph 2. In the case of the processing and decision of complaints against Patent and Trade mark decisions in patent cases, the Chairman, a judicial and three technically qualified members, shall, however, have at least the President and a qualified member of the Member States.

Paragraph 3. In the case of processing and decision of complaints against other decisions, at least, the President and a qualified member shall be subject to the Member, cf. However, section 14.

20. A Member may not participate in the handling of a case if the Member is inhabibilly according to Chapter 2 of the Administrative Code.

§ 21. If oral debate has taken place, no member of the House must not be allowed to participate in the decision.

§ 22. The Board of Appeal shall take a decision on the basis of the procedure for the approval of the recognition draft on the basis of the vote. If oral debate is taken, the oral procedure shall be taken in accordance with the oral proceedings.

-23. Decids shall be taken by the majority voting. In voting, the President's voice is crucial.

Paragraph 2. If the decision is to be put to the vote on several questions, Members who have been in the minority on a question are obliged to participate in the later votes.

§ 24. The decision of the applicant shall be written in writing and signed by the President.

Paragraph 2. The decision shall indicate :

1) the date of the decision,

2) the parties and their full-powerful,

3) the allegations and applications of the parties ;

4) the evidence and

5) reasons and conclusion.

Paragraph 3. If the decision has not been reached, the decision must contain the opinion of the minority.

§ 25. The Board of Appeal may make an important mistake, which may appear in the decision when errors are made of a formal nature.

SECTION 26. The decision of the applicant shall be sent to the parties by the Parties. The decision shall also be sent to the board of Patent and Commodities, which shall take the measures to which the decision of the Board of Appeal gives rise to.

Chapter 7

Recording

§ 27. At the request of the President, the President may, in exceptional cases, take a decision on the resumption of a case within two months of the date of the recognition of the inepish subject.

Chapter 8

Special provisions

§ 28. The rules laid down in this notice shall apply to applications for a patent to be communicated as a secret to the extent that it is compatible with the provisions applicable to such applications.

Chapter 9

Entry into force into force

§ 29. The announcement shall enter into force on 1. October 2009.

Paragraph 2. Publication no. 735 of 27. August 2002 on the Indicet Board of patents and trademarks is hereby repealed.

The Ministry of Economic and Business, the 21st. September 2009Lene Espersen / Katrine Winding