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 The Norwegian Industrial  Prope rty Office Act  
Act no. 5 8 of 22 June 2012: Act on the  Norwegian Industrial Property Office and the Board of 
Appe al for Industr ial Propery Rights   
(the Norwegian Industrial Property Office Act )  
DATE: LOV -2012-06-22-58  
MINISTRY: Minstry of Trade, Industry  and Fisheries   
PUBLISHED: I 2012 part 8  
ENTRY INTO FORCE: 01/0 8/2013  
NORWEGIAN TITLE: Lov av 22. Juni 2012 nr. 58 om Patentstyret og Klagenemnda for 
industrielle rettigheter  
REPLACES: Act on the Board of Industrial Property of 2 February 1910 no 7  
 
This is an unofficial translation of the Norwegian Industrial Property Office Act . Should there be any 
difference s between this translation a nd the authentic Norwegian text, the decision will be made on the 
basis of the authentic Norwegian text .  
 
Section 1. The tasks and purpose of t he Norwegian Industrial Property 
Office   
       The Norwegian Industrial Property Office shall consider cases concerning 
industrial property rights as stipulated in the Patents Act , the Business Names Act , 
the Designs Act , the Trademarks Act and the Precio us Metals Act .  The Norwegian 
Industrial Property Office may provide information services and shall otherwise 
facilitate innovation and value creation by being a centre of competence for industrial 
property rights .  
 
Section 2. The organisation of the Norwe gian Industrial Property Office   
       The Norwegian Industrial Property Office is a public administrative body that is 
subordinate to the ministry . The Norwegian Industrial Property Office is independent 
in its consideration of cases pursuant to the stat utes mentioned in Section 1 above , 
and it cannot be instructed in matters concerning its general interpretation of the law , 
its decisions in individual cases or its handling of lawsuits brought against decisions 
in such cases . Nor may the King or the minis try reverse decisions made by the 
Norwegian Industrial Property Office in such matters .  
       The Norwegian Industrial Property Office is managed by a director general who 
is appointed by the King in Council .  
       The King may issue regulations settin g out more detailed rules for the 
organisation of the Norwegian Industrial Property Office and its case processing , and 
for the Norwegian Industrial Property Office 's information services , including payment 
for such services .  
 
Section 3. The Board of Appea l for Industrial Property Rights   
       The Board of Appeal for Industrial Property Rights (the Board of Appeal ) is the 
appeal body for cases as stipulated in the Patents Act , the Business Names Act , the 
Designs Act , the Trademarks Act , the Precious Metal s Act and the Act relating to the 
Plant Breeders ' Right .  2 
        The Board of Appeal is an independent public administrative body that is 
subordinate to the ministry . Section 2 first paragraph second and third sentences 
apply correspondingly to the Board o f Appeal in its consideration of appeals pursuant 
to the statutes mentioned in the first paragraph of this section and in connection with 
lawsuits brought against decisions made by the Board of Appeal in such cases .  
       The Board of Appeal shall have a  chair , a deputy chair and as many members as 
are necessary in order to perform the tasks assigned to the Board . The chair and 
deputy chair of the Board must meet the requirements that apply to judges . 
Moreover , the members of the Board shall have the comp etence required to ensure 
that appeals are given satisfactory consideration .  
       The chair and deputy chair are appointed by the King in Council . The other 
members of the Board of Appeal are appointed by the ministry for a term of up to five 
years , with the option of reappointing them . Employees of the Norwegian Industrial 
Property Office may not be members of the Board of Appeal .  
Section 4. Case processing by the Board of Appeal   
       The decisions of the Board of Appeal shall be made by a committee  consisting of 
three members . The chair decides the composition of the committee for each 
individual case . The chair may decide that a case shall be decided by a committee of 
five members . The chair may decide an appeal alone if there are no doubts about t he 
case and it is evident what the decision must be .   
       The Board of Appeal may take account of circumstances that did not exist when 
the Norwegian Industrial Property Office made its decision in a case .  
       The King may issue regulations setting  out more detailed rules concerning the 
organisation of the Board of Appeal and its case processing .  
Section 5. Relationship to the Public Administration Act   
       Chapter VI of the Public Administration Act concerning appeals against , and the 
reversal of, administrative decisions does not apply to the Norwegian Industrial 
Property Office and the Board of Appeal in cases considered pursuant to legislation 
on the protection of industrial property rights .  
Section 6. Impartiality   
       Sections 106 to 108 of the Act relating to the Courts of Justice apply 
correspondingly to employees of the Norwegian Industrial Property Office and to 
employees and members of the Board of Appeal in connection with the consideration 
of cases pursuant to legislation on the p rotection of industrial property rights .  
       An employee of the Norwegian Industrial Property Office or an employee or 
member of the Board of Appeal may not participate in the consideration of a request 
for an administrative review when the review case  concerns an industrial property 
right that the person in question has been involved in considering in a previous case . 
This does not apply , however , if the review case only concerns questions that were 
not raised in connection with the previous case .  
Section 7. Oral hearings and meetings   
       At all stages of their case processing , the Norwegian Industrial Property Office 
and the Board of Appeal shall on their own initiative assess whether it is expedient to 
hold a meeting with a party or to hold an or al hearing with the parties . If a party who 3 
 has due cause requests that a meeting or an oral hearing be held , the Norwegian 
Industrial Property Office or the Board of Appeal shall accede to the request insofar 
as this is compatible with proper performance of its public duties , cf. the Norwegian 
Public Administration Act Section 11 d. In a case involving a dispute between parties , 
all the parties which the matter in dispute to be discussed concerns shall be 
summoned to attend an oral hearing .  
Section 8. Experts  
       The Norwegian Industrial Property Office and the Board of Appeal may make 
use of experts . A person who would have been disqualified from deciding a case on 
grounds of partiality may not be used as an expert . A person who has been used as 
an ex pert during the consideration of an application by the Norwegian Industrial 
Property Office may nonetheless be used as an expert in connection with the 
consideration of an appeal , administrative patent limitation and administrative review . 
Experts may be s ummoned to attend meetings or oral hearings in the case . They 
may also participate in discussions , but not in voting .  
Section 9. Costs of cases concerning administrative review   
       In cases concerning an administrative review , the party in whose favou r it is fully 
or substantially found can be awarded the necessary costs of the case from the 
opposing party .  Among other things , emphasis shall be placed on whether there 
were good grounds for having the case reviewed because there were grounds for 
doubt , and whether it is reasonable , based on the type of case and on the 
circumstances of the opposing party , to hold the latter liable for the costs of the case . 
In connection with administrative reviews pursuant to the Designs Act and the 
Business Names Act , costs may only be awarded in appeal cases .  
       A claim for coverage of costs must be filed before the matter can be decided . 
The Norwegian Industrial Property Office or the Board of Appeal shall decide the 
question at the same time as the decision on t he merits of the case is made .  
       If an appeal is fully or partly successful , the Board of Appeal may also change 
the decision of the Norwegian Industrial Property Office concerning the costs of the 
case . A decision on the costs of a case considered b y the Norwegian Industrial 
Property Office may be appealed separately to the Board of Appeal . The chair of the 
Board of Appeal decides such appeals alone .  
       Awarded costs may be enforced pursuant to the rules that apply to court 
judgments .  
Section 10. Entry into force and transitional rules   
       The Act shall apply from such date as the King may decide . From the same date 
as the Act enters into force , the Act o f 2 July 1910 No 7  concerning the Office for the 
Protection of Industrial Property shall be repealed .  
       Sections 7 and 9 only apply to cases where an application , objection , demand 
for an administrative review or administrative patent limitation etc . is filed after this 
Act entered into force . The King may issue more detailed transitional rules .  
Section 11. Amendments to other acts   
       From the date on which the Act enters into force , the following amendments shall 
be made to other acts :  4