Notice Of Appeals Board For Patents And Trademarks

Original Language Title: Bekendtgørelse om Ankenævnet for Patenter og Varemærker

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125551

Overview (table of contents) Chapter 1 of the Appeals Board competence

Chapter 2 composition and organization

Chapter 3 the Secretariat

Chapter 4 preparatory

Chapter 5 hearing

Chapter 6 Consultation and decision

Chapter 7 Resumption

Chapter 8 special provisions

Chapter 9 entry-into-force provisions of The full text of the notice of appeal for patents and trademarks

Pursuant to patent Act, section 7 (2) and (4) of the basic regulation. lovbekendtgørelse nr. 91 of 28. January 2009 as well as § 17 (1) and (2) of law No. 778 of 9. December 1987 on the protection of the layout designs (topographies) of semiconductor products shall be determined:

Chapter 1

Appeal Board's jurisdiction

§ 1. Appeal Board handles complaints against decisions of Patent and Trademark Office. Complaints may be lodged concerning

1) patents, see. patent law §§ 24, 25 and 67,

2) supplementary protection certificates for medicinal products and supplementary protection certificates for plant protection products referred to in article 6. Patent Act, section 91,

3) utility models, see. § § 25, 34 (2) and 63 of the law on utility models, etc.,

4) patterns, see. pattern § 22,

5) design, see. design of the Act sections 34 and 35,

6) trademarks, without prejudice. Trademark Act section 46,

7) collective marks, see. collective mark Act section 2,

8) topographies, see. § 17 of the law on protection of semiconductor products (topographies) and design

9) request for inspection of the files of nr. 1-8.

Chapter 2

Composition and organization

§ 2. The Appeals Board shall be composed of up to 18 members, appointed by the Minister for economic and business affairs. The appointment is done for up to 5 years at a time. At least 2 of the members, including the Chairperson and the Vice-Chairperson, shall comply with the General conditions in order to be appointed to the High Court judge, while, moreover, the composition of the Committee, so that the members collectively possess the best possible expertise concerning, respectively, patents, utility models, designs, trademarks and topographies. Members must have graduated from the Technical University of Denmark, second higher education or otherwise have acquired the necessary expertise.

(2). Members of the Appeals Board may be reappointed.

§ 3. The Chairman of the Appeals Board shall ensure that the work performed is appropriate, and the Appeals Board may lay down detailed rules for the Appeals Board business. In the Chairman's absence, the Vice-President shall assume his duties. The President shall be assisted by a secretariat.

(2). In the event of the President's absence the Vice-President shall assume the powers assigned to the President, according to the notice.

§ 4. The Chairman may convene all members of the Appeals Board to the joint meeting in order to provide information on and discuss the Appeals Board administrative matters and other issues of importance for appeal activities.

(2). A minority of 3 members can convene all members to the joint meeting with a view to taking a final decision of the question concerning the Appeals Board business. On the joint meeting can be decided, if at least half of the Committee members are present. Decisions shall be taken by a simple majority. Event of a tie, the casting vote.

§ 5. The Appeals Board presidency determines how and to what extent the Committee's decisions shall be published.

Chapter 3

Secretariat

§ 6. Economics and business provides secretarial assistance available to the Committee.

(2). The Secretariat can be attached by experts as consultants.

§ 7. The Appeals Board Secretariat provides assistance to Committee work and carries out including the continuous updating of the Appeals Board home page on the Internet and the preparation of the annual report.

Chapter 4

Preparatory

§ 8. The complaint shall be lodged with the Appeals Board by the complainant or his clerk.

(2). In the complaint must be specified:

1) the decision appealed from,

2) the complainant's allegation and

3) complainant's submissions and evidence.

(3). The complainant will rely not previously argued evidence, these must be specified in the complaint. Would the complainant to submit additional posts, should the complaint contain request. The Appeals Board shall fix a time limit for doing so.

(4). With the complaint should follow an appeal fee of 8,000 DKK for patent litigation, see. § 1, nr. 1, 5,000 DKK on utility model matters, see. § 1, nr. 3, as well as 4,000 us. for matters relating to the other rights mentioned in paragraph 1 areas. Happens the payment not before the expiry of the appeal, rejected the appeal.

(5). In the cases referred to in § 27 requesting the resumption of an appeal, an appeal fee must be paid at 4,000 us.

(6). By complaining about the refusal of the request for access will be charged no fee.

(7). The appeal is rejected, the fee shall be refunded. Given that the complainant's favour in the submitted complaint, the Appeals Board may decide on the total or partial refund of the paid fee.

(8). That annex shall, if so requested by the Board of appeal, must be accompanied by a power of Attorney for any clerk.

§ 9. The complainant has a counterpart, the Appeals Board shall notify this on the appeal.

(2). If the complaint cannot be rejected, a copy of the complaint and its annexes and additional posts, which may be filed by the complainant, shall be sent to the opposing party who shall be given the opportunity, within a period specified by the Appeals Board to make comments on the complaint. The provisions of section 8, paragraphs 1 to 3 shall apply mutatis mutandis.

(3). The respondent shall provide the complainant and the Appeals Board his posts with attachments.

§ 10. Want a party, outside the cases referred to in sections 8 and 9, a period in which to make further submissions in the case, he shall immediately submit a reasoned request to that effect. Such a request can only be accommodated to the extent necessary, having regard to the merits.

(2). There will be new posts, these will be sent to the other parties.

§ 11. Lawsuits and their deliberation by the Appeals Board is written. The Chairman may, however, in the specific case of exceptionally provide that the hearing must take place, see. Cape. 5.

§ 12. The Appeals Board may take statements from the Patent and Trademark Office, parties or special experts. The Parties shall be given the opportunity, within a period specified by the Board of appeal to rule on such posts.

§ 13. When case's preparation has been completed, the Parties shall be given the opportunity, within a period specified by the Appeals Board to request oral proceedings or whether a previously requested be maintained, after which the President will decide on the request in exceptional cases must be met, see. § 11. A party who does not respond within the prescribed time limit shall be considered to have refrained from hearing.

(2). When the Appeals Board has declared correspondence closed, will later forwarded material not included in the appeal proceedings, unless the Chairman gives permission in exceptional circumstances. Allows the President of new material, sent this to the other parties.

§ 14. Would complaints to revoke its complaint, takes the President to determine whether revocation can be accommodated. Complaints, on the circumstances of the other parties and the Patent and Trademark Office granted accordingly.

Chapter 5

Hearing

§ 15. Summons to oral proceedings is effected in writing no later than 6 weeks before the debate is taking place. The Appeals Board Secretariat leads before the oral proceedings, to the place, time and agenda will be published on the homepage of the Appeals Board.

(2). The Parties shall submit, no later than 2 weeks before the hearing takes place, one stop document to the Appeals Board Secretariat, with a copy to the possible counterpart. Stop the document must contain the party's claims and pleas in law and an indication of the documents, that the party will rely on, and the evidence that is intended to be implemented during the ankenævns meeting.

(3). If a party during the oral procedure wants to explain, or rather to document each Annex in the case, copies of the annexes or extract thereof shall be attached to the stop the document.

§ 16. Oral proceedings are public. Chairman of the Appeals Board may, however, provide that the debate must take place behind closed doors, if it is deemed necessary in order to prevent trade secrets revealed, or, moreover, when particular circumstances justify.

§ 17. Proficient in a party, witness or expert be sufficiently the Danish language, must be at the hearing used interpreter, unless the President decides otherwise. The President shall make provision as to who should bear the cost of such vehicles.

§ 18. A party may not during the oral procedure to change its claim or invoking new arguments or evidence. If the Appeals Board finds that it is apologizing that the amended claim or the new arguments or evidence not previously obtained, shall be permitted in exceptional cases the submission thereof. The same applies if the Appeals Board considers that the amended claim must be considered as included in the existing claim or simply clarifies this.

(2). The Appeals Board, to allow a party to amend his claim or claims new evidence or leads new evidence, the Appeals Board may, of its own motion or at the request of the proceedings.

(3). Testimony is not allowed, unless in exceptional cases the Appeals Board gives permission to do so.


(4). Will the Appeals Board under the oral procedure make material or include incidents which may have significant impact on the case, as the parties have not previously been made aware of the proceedings should be suspended, a party requires it, and exposure is not manifestly not.

Chapter 6

Consultation and decision

§ 19. The Chairman determines, taking into account the nature of each case, who and how many of the Appeals Board members, in addition to the Chairman shall participate in the proceedings and decision of the basic regulation. However, paragraphs 2 and 3.

(2). By processing and settlement of complaints of Patent and trademark Agency's decisions in patent cases usually involved the President, a legally qualified and three technically qualified members, however, must at least the Chairman and an expert member participate.

(3). By processing and settlement of complaints about other decisions should at least attend the Chairman and an expert member, see. However, section 14.

§ 20. A member may not participate in any proceedings, if the Member is incapacitated after management Chapter 2.

§ 21. Has hearing took place, have no Member who has not witnessed the whole debate, participate in the decision.

§ 22. The Appeals Board shall, in accordance with the written part judgment at the approval of the draft order, prepared on the basis of their deliberations. Find hearing place, decided after the oral procedure by oral consultation.

§ 23. Decision shall be taken by common majority of votes. Event of a tie, the casting vote.

(2). Requires the decision to vote on several issues, are those members who have been in the minority in a question, liable to participate in recent polls.

§ 24. Decision of appeal proceedings shall be in writing and signed by the President.

(2). The decision shall specify:

1) the date of the decision,

2) parties and their proxy holders,

3) the parties ' allegations and pleas,

4) evidence and

5) reasons and conclusion.

(3). Is the decision is not taken in the agreement, shall include the decision of the minority opinion.

§ 25. The Appeals Board may correct errors that may occur in the decision when errors are of a formal nature.

section 26. The decision of the Appeals Board of the case will be sent to the parties. The decision is sent in addition to the Patent and Trademark Office, which shall take the measures which the Appeals Board decision gives rise to.

Chapter 7

Resumption

§ 27. On request, the President may exceptionally decide on resumption of a case within 2 months after the date of the Appeal Board's decision.

Chapter 8

Special provisions

section 28. The rules of this order shall apply to applications for patent, to be granted as secret, to the extent that this is compatible with the provisions in force for such applications.

Chapter 9

Date of entry into force provisions

section 29. The notice shall enter into force on the 1. October 2009.

(2). Executive Order No. 735 of 27. August 2002 on the Appeals Board for patents and trademarks are hereby repealed.
Economics and business, the 21st century. September 2009 Lene Espersen/Katrine Winding