The Norwegian Board of Appeal for Industrial Property Rights

The Board of Appeal re-examines and re-evaluates appeals on decisions from the Norwegian Industrial Property Office within patent, trademark and design rights, as well as decisions in relation to company names, the act of precious metals, and the regulations on hallmarks. Additionally, the Board of Appeal re-examines some of the decisions issued by the Plant Variety Board.

In the independent character of the Board of Appeal lies that the Board is not instructed by the Ministry of Trade and Industry, nor the Industrial Property Office.

Our decisions are available on this website here, on the Industrial Property Office’s website, and on Lovdata.

Like separate courts, The Board of Appeal tries cases which demand exceptional expert knowledge within the field of patent, design and trademark law. The Board of Appeal hence consists of a legally trained Director and Deputy Director who both fulfill the requirements requested of a judge. They normally act as first-voting judges in matters brought before the Board of Appeal. Additionally, the Board of Appeal consists of 33 Board members with legal and technical knowledge. In a matter brought before the Board of Appeal, the decision-making body is normally a committee of three: the Director or Deputy Director and two appointed Board Members. The technically trained Board Members have knowledge within areas such as chemistry, electrical engineering, construction engineering, and mechanical engineering and in the art of crafts (design). The Board Members are appointed for three years at a time and may be reappointed.

The general office consists of an Office Manager and three law clerks.

It is important to the Board of Appeal to stay updated on international developments in the field of intellectual property law. Hence, the Board of Appeal is familiar with the practice of the European Court of Justice (ECJ) and the General Court, as well as cases from the Europpean Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO).

The task of re-examining the Industrial Property Office’s decisions implies that the Board of Appeal contributes to develop the case law in Norway. It is essential to create predictability and consistency for businesses and consumers. The Supreme Court (Høyesterett) is the highest authority in relation to the development of case law, however intellectual property matters are rarely brought before the Supreme Court.

The Board of Appeal’s activity is mainly regulated by the Act of the Industrial Property Office and the Board of Appeal for Industrial Property (Patentstyrelova) and the regulations thereof. Other legal acts relevant to the activities of the Board of Appeal can be found here.

The Course of the Appeal

A decision made by the Norwegian Industrial Property Office may be appealed to the Board of Appeal for Industrial Property Rights.

The deadline for filing an appeal is two months from the date when the Industrial Property Office issued their decision. This deadline is not extendable.

The fees for filing an appeal with the Board of Appeal shall be paid to the Board of Appeal.

The appeal is to be filed with the authority which issued the decision, namely the Industrial Property Office. The appeal fee will be invoiced by the Industrial Property Office, and the Office is subsequently given a chance to reverse their decision.The size of the fee varies from 4400 – 5700 NOK depending on the case category. Payment must be received before a matter can be considered by the Board of Appeal.

The Board of Appeal will form a committee of three, responsible for making a decision. The committee normally comprise of the Director or the Deputy Director and a selection of two of the Board Members, depending on the characteristics of the matter. Cases of exceptional significance or difficulty may be decided by a committee consisting of five.

The committee will meet, either in a physical meeting or by video conference, to vote on the matter. The Director or Deputy Director will be responsible for drafting the decision, with assistance from law clerks. The rest of the committee will provide their input to the draft. When a final decision has been made, it is issued to the complainant/parties and to the Industrial Property Office. The Industrial Property Office will update the status in their database, if applicable, and announce the result of the decision in the relevant gazette.

Exchange of pleadings

In cases with only one party, where the complainant appeals to the Industrial Property’s decision to the Board of Appeal, only one complaint is filed.

In cases with two parties, the parties are allowed to file two pleadings each. Further pleadings should be agreed upon with the Board of Appeal and will not be taken into account without the Board’s express consent.

Upon request by the Board of Appeal, the parties shall file closing arguments where they account for their submissions and the legal grounds.

The proceedings before the Board of Appeal are normally based on written arguments in Norwegian. However, the Board of Appeal will, if deemed appropriate, request oral proceedings. The parties may also request oral proceedings. The Board of Appeal will decide whether oral hearings are considered suitable and appropriate.

When the deicision is finalised, it is issued to the parties and the Industrial Property Office for publication in their database and the relevant gazette.

The decision from the Board of Appeal may be appealed to the Oslo District Court within two months counted from the date when the deicision was issued from the Board. This deadline is not extendable.

Contacts

Director: Sarah Wennberg Svendsen
Deputy Director: Gunhild Giske Skyberg
Administration: + 47 46171800

Board Members

Legal knowledge

• Thomas Frydendahl
• Amund Grimstad
• Torger Kielland
• Kari Anne Lang-Ree
• Tore Lunde
• Liv Turid Myrstad
• Martin Berggreen Rove
• Thomas Strand-Utne
• Amund Brede Svendsen
• Ulla Wennermark
• Anders F. Wilhelmsen
• Margrethe Lunde
• Ingeborg Råsberg
• Lill A. Grimstad
• Mikkel Lassen Ellingsen
• Katrine Malmer-Høvik

Technical knowledge

• Gro Katarina Andorsen
• Andre Berg
• Hanne Th. Bonge-Hansen
• Torstein Hernes Dybdahl
• Jon Arne Holm
• Johannes Hope
• Tom Kristensen
• Rikard Mikalsen
• Katja Reitan
• Jonny Roaldsøy
• Pål Rongved
• Yngve Stenstrøm
• Øyvar Svendsen
• Turid Tronbøl
• Arvid Øvrebø
• Anne-Gro Bildøe Imset
• Biljana Dukic

Postal address: Grev Wedels plass 9, 0151 Oslo.
E-mail address: post@kfir.no