The Industrial Property Office Of Member Of The Board Of Appeal Of The Applicant And The Members Of The Attestation Examination Procedures

Original Language Title: Rūpnieciskā īpašuma apelācijas padomes locekļa amata pretendentu un locekļu atestācijas eksāmena kārtība

Read the untranslated law here: https://www.vestnesis.lv/op/2015/238.8


Cabinet of Ministers Regulations No. 677 in 2015 (on 1 December. No 64 22) the industrial property Office of Member of the Board of appeal of the applicant and the members of the attestation examination order Issued under the industrial property law institutions and procedures of article 27 of the fourth part i. General provisions 1 the issue down the industrial property Board of appeal (hereinafter Board of appeal) for the Office of Member of the attestation of applicants and members of the order of the examination (hereinafter examination) and the amount of knowledge required of the person carrying out the examination (hereinafter the applicant). II. members of the boards of appeal of the Office of the Commission for the selection of tenderers 2. Exam organized and adopted in accordance with the industrial property law and procedure of the institutions created by the Office of members of the Board of appeal the applicant selection Commission (hereinafter referred to as the Board). 3. the meeting of the selection Committee headed by the Chairman of the selection Committee. The Chairman of the selection Committee for their absence are entitled to ask the Chairman of the selection board to carry out the duties of a member of the selection board. 4. the duties of the Secretary of the selection board to comply with the Patent Board Director's designate. 5. The Board is valid, if they work and take part in the adoption of the decision, not less than three members of the selection board. 6. The selection board shall take decisions by a majority vote, vote. If the vote splits in the casting is the Chairman of the selection committee vote or a vote of selection board members, who charged with the duties of the President of the selection board. 7. The selection Committee meetings are closed. Entitled to consult information related to the applicant in the evaluation process, the Chairman of the selection Board granted by written permission, subject to the freedom of information act. 8. the minutes of the selection board. The Protocol specifies the selection board meeting time and place, the room of the selection board members, candidates whose applications are evaluated, and decisions taken. The minutes shall be signed by the Chairman of the selection Committee and the Secretary. III. organizing the examination 9. Selection Committee three months before the examination of the Ministry of Justice and the tīmekļvietn of the Patent Office shall publish a notice about applying for the exam, indicating the logon time limit and procedure for submission of the document. 10. Login to the examination period is one month from this provision in paragraph 9 of this notice publication date. 11. To apply for the examination, the applicant shall submit the application in the Ministry of Justice about applying to organize the examination (annex 1) and the following documents: 11.1. dzīvesgait description (Europass CV form); 11.2. citizenship a copy of identity document; 11.3. a copy of the document certifying the State language skills at the highest level, according to the State language law (if the general education program is not acquired Latvian language); 11.4. a copy of the identity document; 11.5. documents proving work experience with industrial property related field. 12. the application shall be accompanied by legislation duly certified copies of documents and, if necessary, to produce the original documents. Documents shall be submitted in the language or accompanied by Latvian legislation duly certified document translation. Documents filed by the applicant do not issue back. 13. the applicant in the detailed description of the Dzīvesgait describe your work experience with the protection of industrial property related field. 14. The industrial property law of the institutions and procedures of article 27, first paragraph, point 5 of the requirements may be satisfied if the applicant has at least five years work experience with the systematic protection of industrial property directly related professional activities. During that period, not including the long vacations and downtime. The evaluation of the implementation of those requirements, the Commission shall take into account the selection following the applicant's action: 14.1. decent work in international, regional or national areas to industrial property related institutions (registration, inspection, settlement of disputes, the development of legislation, the application of the laws and legal evaluation); 14.2. the professional activities, consult the object of industrial property applicants and owners, and representing that person's industrial property authorities, courts or other institutions. The following shall not be regarded as ancillary jobs or technical tasks of the Agency, patentpilnvarniek lawyer offices or company; 14.3. the work of judges or other similar transaction disputes, if it obtained with the field of the protection of industrial property-related experience; 14.4. high school or college teacher's job, if it was directly linked to the preparation of persons undergoing training on industrial property rights or intellectual property rights. 15. The selection Committee five days examine the documents presented, make sure that the stored information confirms that the persons concerned are eligible for the Office of Member of the Board of appeal in accordance with the industrial property institution and the procedures of the law article 27, first paragraph 1., 2., 3., 4. and 5. point and send the applicant to one of the following written statements: 15.1 for permission to organize the exam (an exam time and location); 15.2. the need for 10 days to submit the additional information or documents; 15.3. the refusal to organise exams (including reasons). 16. If this rule 15.2. in the case referred to in subparagraph within the time limit set by the applicant does not submit the requested additional information or documents or if the submitted information and documents do not confirm this person's eligibility for the Office of Member of the Board of appeal, the selection board five days send to the applicant that the notice referred to in 15.3. 17. The refusal of the sort the exam the applicant can contest one month the Ministry of Justice. 18. If the exam hold only the members of the Board of Appeal's examination of knowledge and skills in the more specific specialization under the industrial property law institutions and procedures of article 27 of the sixth part 9 of these regulations, the notification referred to in paragraph may not be made public. Member of the Board of appeal, which in turn further specialization in the exam, this provision is not required to submit the documents referred to in point 11, excluding submissions (annex 1). 19. The Patent Board technical support organisation and conduct of the examination, as well as the exam material. IV. the content of the exam 20. Exams is to define the knowledge and skills of the tenderer, the tenderer selected from among highly qualified technicians, a member of the Board of appeal, as well as the approved additional specialization already appointed members of the Board of appeal. 21. If a tenderer sort of examination of industrial property rights in General and the protection of trade marks, the selection board verified the applicant's knowledge in such matters: 21.1. civil law, especially property rights and related rights, as well as the rights and principles of civil procedure; 21.2. General international framework for industrial property rights, including the Paris Convention for the protection of industrial property and the World Trade Organization agreement on trade-related aspects of intellectual property rights; 21.3. the international agreements in the field of trade marks, including the international registration of marks (Madrid Agreement concerning the international registration of marks and the Protocol to the Madrid Agreement) and the Singapore Treaty on trademarks; 21.4. European Union legislation in the field of trade marks and intellectual property rights; 21.5. the regulations governing industrial property, particularly trademarks, registration and protection; 21.6. The Court of Justice of the European Union and the Latvian judicial practice, as well as the European Union trademark registration authorities the practice of trademark cases. 22. If a tenderer sort additional specialisation examinations in the field of the protection of patents, the Board checks the candidate's knowledge in such matters: 22.1. international agreements in the field of patents, including the European Patent Convention, the Patent Cooperation Treaty and the regulations that apply to joint force the European patent; 22.2. European Union law the patent and the supplementary protection certificate; 22.3. the regulations governing the granting of patents and protection; 22.4. The Court of Justice of the European Union and the Latvian judicial practice, as well as the European Patent institutions of the enlarged Board of appeal practice the patent and the supplementary protection certificate. 23. If a tenderer sort additional specialisation examinations in the field of the protection of industrial designs, the selection board verified the applicant's knowledge in such matters: 23.1. international agreements in the field of industrial designs, including the Geneva Act of the Hague Agreement concerning the international registration of industrial designs and the Berne Convention for the protection of literary and artistic works on applied arts and design work; 23.2. European Union directives and regulations in the field of design; 23.3. the regulations governing the registration and protection of designs; 23.4. copyright regulatory framework in the field of design; 14.6. The Court of Justice of the European Union and the Latvian judicial practice, as well as on the European The registration of the design of the Union authorities practice in the field of design. 24. The selection board shall prepare the exam tasks pursuant to these rules 21, 22 and 23 of those requirements. 25. the Chairperson of the selection board prepared tasks approved tasks for a given exam. 26. the exam tasks are not available to applicants. V. exam and evaluation agenda proceedings 27. Examination of industrial property protection issues in General and trademark protection has the following parts: a written part: 27.1.27.1.1. test verifies the applicant's knowledge according to this provision, paragraph 21; 27.1.2. testing the applicant's practical skills, addressing the practical task of trademark disputes (kāzus); 27.2. oral: 27.2.1. applicant's theory test trademark protection; 27.2.2. structured interview in which the applicant's motivation for the inspection work, communication and organizational skills, systemic thinking skills and dispute resolution skills and instructs the jurisdiction of the Board of appeal issues. 28. additional specialisation Examinations (patent protection or the protection of industrial designs) has the following parts: a written part: 28.1. applicant's practical skills test, addressing the practical task of patent or design in the dispute; 28.2. the oral proceedings: 28.2.1. theory test in specific patent protection or the protection of industrial designs; 28.2.2. structured interview in which the applicant's motivation to work check the relevant additional specialisation and dispute resolution skills and instructs the jurisdiction of the Board of appeal issues. 29. the written part of the examination and the oral part organizes every other day. 30. The applicant, upon arriving for the exam, the selection board presented identity documents. 31. the Chairman of the selection Committee before each exam part shall notify the applicants of the sort the selection Commission and presents candidates with the relevant parts of the exam procedures. 32. The exam venue space may be applicants, Chairman of the selection board, the selection board members and the Secretary. Written tasks during the exam room contains at least one member of the selection board or the Secretary. Oral examination takes place, with the participation of not less than three members of the selection board, including the Chairman of the selection Committee, who runs the exam. 33. The Secretary of the selection board shall ensure that the time of the examination the examination room to all applicants in a prominent position on the clock. 34. If an applicant late in the beginning of the exam, the selection board, he may permit to perform the exam work, but performance time is not extended. This fact shall be recorded in the minutes. 35. If, for any valid reason, the applicant fails to appear for the exam, he has the right sort of another selection Board exams in the specified time. Whether absence reasons recognised as valid, the selection Board decided. 36. The written test consisting of 40 questions. Reply time is two hours. The Chairman of the selection board after the test launches. 37. The practical task of solving for three hours. If an applicant at any examination in turn further specialization, the examination time is extended to him for one hour and 30 minutes. 38. The tenderer after the job is finished, sign it and submit to the Commission, the selection and leave the exam venue space. 39. Addressing practical tasks, the applicant has the right to use the līdzpaņemto laws and regulations (in paper form), with no added comments. When the rest of the exam (test and oral examination), the applicant is not entitled to use the technology. 40. Selection Commission can exceptionally allow part of the written exam in progress out of the room at the same time only one tenderer. In this case the applicant their exam performance sheet handed to the Secretary of the selection board, and the Secretary on the applicant's performance marks the out of fact sheet and time. Reply time is extended to the applicant. 41. The applicant's answers to test questions, the selection Board assessed against the previously prepared with answers. The test is arranged, where at least 80 percent of the answers given by the applicant is correct. 42. in any other part of the examination – practical tasks, booking interview-questions and answers the applicant individually evaluate each selection board member rating on a scale of 1 to 10 and record their assessment (annex 2). A member of the selection board's assessment of the signature page and, if necessary, provide a brief assessment of the justification. The relevant part of the exam have been completed, if the applicant has received the Commission's average rating of six Ballroom or higher. 43. following the written work of the Evaluation Commission for the selection of each applicant summarizes the results. If the applicant successfully passed the written part of the exam, the oral part of the examination he is not allowed to sort. This decision to the Secretary of the selection board shall notify the applicant in person or electronically. 44. oral examination applicants coming to the part of the selection within the time specified by the Commission and a test sort order specified. The applicant chooses exams ticket and present it to the selection Committee. The Secretary of the selection board ticket number shall be recorded in the minutes. 45. The applicant is entitled to 10 minutes to prepare answers. 46. The Board heard the applicant's response. After hearing the answer the selection board members have the right to ask questions to clarify the answer, and, if necessary, also the qualifying questions in connection with the applicant's replies to the written part of the examination. By mutiskaj answers the selection board started the interview with the applicant. 47. The applicant, who simultaneously with the examination of industrial property protection in General and the protection of trade marks in the exam one additional well specialization or two consecutive answers all the relevant ticket issues. Interview questions provided by the selection board in this case combined. 48. The applicant, who graduated to answer questions the selection board interview, passes the ticket selection Commission Secretary and left the exam venue space. The Secretary of the selection Committee invites workroom the next applicant. 49. during the exam are not allowed: 30.5. talk to interfere with or to help others; 30.6. use communication features, portable and notebook computers (must be off). 50. If the applicant does not comply with this provision or paragraph 39.49 of these conditions, they warn, the selection Committee and exam performance page and the Protocol shall mark on the alert. Where the applicant, after receiving the alert repeat infringement, the selection Commission exam performance page and the entry shall be made in the Protocol that the exam is outstanding, and the applicant expelled from the examination room. 51. at the end of the selection exams, the Commission Secretary shall compile all parts of the exam the evaluation sheets recorded the results, calculates for each candidate's rating in each part of the exam (test, practice questions, booking interview) and in each specialization in General and all the ratings record of exam Protocol. 52. The exam is arranged, if the outstanding test (members of the Board of appeal, the applicants), as well as other relevant specialization exam. 53. The Secretary of the selection board recorded the exam. The Protocol specifies the examination venue, time, the composition of the selection board, candidates who organizes the examination, the applicant shall comply with the test or practical tasks, as well as the number of applicants who have not arrived. Oral examination the applicant shall indicate the number of tickets, orally asked questions and rating. The members of the selection Board completed applicant assessment of knowledge and skills and written exam answer for seemless conversion is an integral part of exam Protocol. Exam Protocol signed by all the members of the selection board who participated in the evaluation, and a Secretary. The Secretary of the selection board exam Protocol shall be submitted to the Ministry of Justice, but the President of the selection board certified exam with a copy of the minutes shall be deposited in the Patent Office. 54. a member of the selection board is entitled to be recorded in his individual views on the assessment or examination. 55. a member of the selection board shall abstain from the evaluation of the applicant's answer, if the applicant is the spouse of the Member of the Commission, former spouse, his or her spouse's relatives in a straight line in all degrees, side line, up to the fourth degree or affinity up to the third degree, as well as his or her spouse or dependent in custody, his or her spouse of adoptive or adopted. A member of the selection Committee also abstain from the evaluation, if it is directly or indirectly personally interested in the outcome of the examination or there are other circumstances that cause reasonable doubt as to his impartiality. The members of the selection board's assessment of the abstention, indicating the reasons shall be recorded in minutes. 56. on the basis of the assessment, a summary of the examination Board of the Minister of Justice shall prepare a proposal for the members of the Board of appeal and President of the Board of Appeal's nomination, but if the exam more specialization in successfully passed the Board of appeal – a proposal for additional specialization approval if the designated member of the Board of appeal. 57. Within five working days after the examination, the Board shall notify the applicant of the exam results. 58. If the exam during the exam procedures violations that could affect the assessment of the relevant examination or assessment in General, the applicant shall, within one month following notification of the results of the examinations may be challenged in the Ministry of Justice. VI. final question 59. provisions shall enter into force on January 1, 2016. The Prime Minister is the Minister of Justice of Rashness Newsletters amber Rasnač annex 1 Cabinet 2015 December 1 Regulation No. 677 application industrial property Office of Member of the Board of appeal of the applicant and the members of the attestation examination for organizing the Ministry of Justice (name) (ID code) the application I want to sort the industrial property Office of the members of the Board of appeal of the applicant and the members of the attestation examination (mark with X required): industrial property protection issues in General and the protection of trade marks in the field of advanced specialization in patent protection in the design of the additional specialization in the field of the protection of my rights become Board of Appeal confirms the citizenship of Latvia, State language skills at the highest level, excellent reputation, education and work experience that meets the industrial property institution and the procedures of the law article 27, first paragraph. Information communication 1) address (home address, postal code) 2) electronic mail address 3 phone number) information about the exam and the results I would get (mark with X required): by post, electronically in Annex: 1. a description of the applicant's dzīvesgait (CV) to ___ lp. 2. Citizenship identity document copy on ___ lp. 3. State language proficiency certificate, a copy of the document (if the general education program is not acquired Latvian language) to ___ lp. 4. a copy of the supporting documents to the ___ lp. 5. Work experience certificate copies to ___ lp.
Certify the veracity of the information provided.
(place) (date) (applicant's signature)
Note the. The document properties "date" and the "applicant's signature" does not fill in, if the document is drawn up according to the law on electronic document design. The Minister of Justice amber Rasnač annex 2 Cabinet 2015 December 1 Regulation No. 677, industrial property Office of Member of the Board of Appeal's assessment of the applicant's exam evaluator page (-a), a member of the selection board (a-e) (first name, last name) practice 1 (exam venue) (date and time) No.  p. k. Applicant's first name, last name, Job number, specialization rating (10 ball system) notes the evaluator's signature 2. Oral Examination 2.1. Theory test (exam venue) (date and time) No.  p. k. Applicant's first name, last name, ticket number specialization rating (10 ball system) notes the evaluator's signature 2.2. Interview No.  p. k. Applicant's first name, last name questions rating (10 ball system) notes the evaluator's signature exam evaluator (-a) (signature) Note. The document property "signature" does not fill in, if the document is drawn up according to the law on electronic document design. Minister of Justice Rasnač in amber