The Patent Board Of Appeal Board Rules

Original Language Title: Patentu valdes Apelācijas padomes nolikums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/115156

Cabinet of Ministers Regulations No. 623 in Riga august 23 2005 (pr. 47. § 18) the Patent Board of Appeal Board Regulations Issued under the public administration facilities of article 13 of the law i. General questions 1. Patent Board of appeal (hereinafter Board of appeal) is collegial decision-making body of patents, trademarks, designs and topographies of semiconductor art in leader + grant (hereinafter referred to as the industrial property objects) disputes. 2. The Board of appeal aims to ensure uniform application of laws and the application of the fair, as well as Patent law, the law "on trademarks and geographical indications", design law and protection of topographies of semiconductor products Act (hereinafter referred to as the industrial property laws) for the earlier rights procedures related to the registration of industrial property objects. 3. the Management Board shall ensure the Patent Board of appeal with working premises, communication facilities, adequate logistic base and pay. II. functions of the Board of appeal, and the right to Appeal to the Council of 4 have the following functions: 4.1 to review industrial property law for appeals of decisions of the Patent Office;
4.2. examine the industrial property laws of third parties provided in the opposition to the registration of industrial property objects. 5. the Board of appeal shall undertake the following tasks: 5.1 systematically analyzes and collects materials relating to the appeal and the practice of the opposition;
5.2. inform the Board of Directors of patents on non-compliance with the laws and the lack of industrial property objects in the registration procedure the Patent Office;
5.3. develop and provide to the Director of the Patent Office the proposals for improvement of the laws governing the registration of industrial property objects Patent procedures for the Executive Board;
5.4. draw up proposals and appeal of the opposition and further developed. 6. the Council shall have the right to Appeal: appeal or objection 6.1 before the request of the Patent concerned departments of the Board application files or any file documents or materials required for consideration of the appeal or objection, as well as the Patent Board expert's explanation of the contested Patent decision of the Board that made the application;
6.2. the appeal or objection to the objective and comprehensive review and justify the decision to request the independent expert (expert may not be a member of the Board of appeal) an opinion on the case of certain technical or legal issues, as well as to invite experts to participate in the meeting of the Board of appeal, presenting their views;
6.3. If the decision of a Board of appeal may limit or affect the rights of third parties or legal interests, request that third parties submit materials or provide explanations;
6.4. to accept the promotion decisions in matters relating to the arbitration proceedings the ku mu piet and the application of the laws in the Patent Office. III. structure of the Board of appeal, the competence of the President and members of the boards of appeal 7 consists of patents and topographies of semiconductor products of the grāfij College and top trade mark and design College. Each Board is made up of representatives of the Board of patents and the scientific, technical or legal professionals. The same Board of appeal may be included both in the College. 8. The Board of appeal proceedings the Board of appeal provides an sekr Tara. 9. the Chairman of the Board of appeal: 9.1 shall organise and chair the work of the Board, ensuring its functions;
9.2. The Board of appeal shall determine the composition of the meeting and sitting President of each appeal or opposition proceedings, and once a month by the scheduling of meetings of the Board of appeal;
9.3. to advise the members of the boards of appeal and the appeal of the opposition procedure;
9.4. The Board of appeal shall be convened by its Board meetings or appeal and opposition practice analyses;
9.5. the sitting President or member status in the appeal and the opposition;
9.6. until such time as is determined by the composition of the meeting shall decide procedural matters;
9.7. appropriate competency represents the APE Council of high inflation in relations with the private law natural and legal persons in matters relating to the appeal and the opposition, as well as, if necessary, the Board of appeal to the Court. 10. The Chairman of the Board of Appeal's duties in his absence by a member of the Board of appeal, the Patent Board representative, the longest running a Board of appeal. If several members of the Board of appeal, the Patent Appeal Board, the representative Council works the same time, the Council's President, perform the duties of the older of them. 11. meetings of the Board of appeal the Chairman: 11.1. prepare the appeal or opposition proceedings;
11.2. Decides procedural matters;
11.3. chaired by meeting of the Board of appeal;
11.4. prepares the decision of the Board of appeal in the appeal or opposition proceedings;
11.5. the decision on the appeal in the case of the representative of the Board of appeal to the Court. 12. the Board of appeal: 12.1. shall participate in the appeal or complaint case preparation;
12.2. the opposition shall participate in the examination of the appeal or the Appeals Council;
12.3. participates in the preparation of the decision of the Board of appeal;
12.4. in case of appeal, if necessary, the Board of appeal to the Court. 13. the Secretary of the Board of appeal: 13.1. in accordance with the industrial property law regulations sorts the list by appeal or opposition parties and send them the file;
13.2. following the time of the proceedings before the procedure;
13.3. prepares necessary documents and material appeal or opposition proceedings and transmit them to the members of the Board of appeal taking part in the proceedings;
13.4. inform the members of the boards of appeal concerning the scheduling of meetings of the Board of appeal;
13.5. participates in the meetings of the Board of appeal, in the minutes of meetings and nofor essentially sitting of the boards of appeal decision of records and transcripts;
13.6. turn the Board of appeal proceedings;
8.5. participate in the practice of the boards of appeal collection;
13.8. performs other tasks after the Chairman of the Board of appeal and the sitting President's instructions. IV. Appeal and objections and appeals against the decision of the 14 Board of appeal adopted for consideration by the appeal and objections, if under the law of industrial property proceedings it agrees with the Board of appeal and if they submitted pursuant to these laws. 15. Members of the boards of appeal in their decisions be guided solely by the law and not subject to the order or other effects. 16. the meeting of the Board of appeal shall consist of not less than three members of the Board of appeal. At least one of them must be representative of the Patent Office. 17. the Chairman of the Board of appeal, the appeal of the President of the Council, members of the boards of appeal and the appeal of the Secretary of the Board, in carrying out their duties, to observe confidentiality regarding the appeal or objection to the file, the disclosure of which could harm the interests of the legal person, as well as for the progress of the proceedings and decision making. 18. the Board of appeal, which hears an appeal of the decision of the Patent Office shall invite the appellant or his representative. If the decision of a Board of appeal can affect third parties, invite that person or its representative also. The appeal is examined in closed meetings, except when the appellant agrees with the open session for consideration. On hearing of the Board of appeal, in which the appearance of opposition against the registration of industrial property objects, invite the opponent or his representative and contested rights owner or his representative. 19. The Board of Appeal's decision is open to appeal to the Court of industrial property laws. The Court suspended the application of the decision of the Board of appeal. Prime Minister a. Halloween S. Minister of Justice Āboltiņ the