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Designs-Opposition and Appeal

appealOPPOSITION

After the publication date of the industrial design application and before the granting date, any third person may give notice of opposition to the NOIP concerning the grant or refusal of the grant of patent.

Notice of opposition must be filed in a written reasoned statement accompanied by adequate evidence for the opposition. The opposer must pay the prescribed opposition fees.

APPEAL

The applicant may appeal against any decisions by which the NOIP accords a filing date, treats the application as if it had not been filed, considers a declaration claiming priority right not to have been made, rejects the application or refuses to grant a patent for industrial design.

The first appeal should be submitted to the Director General of the NOIP within ninety days from the date of the NOIP’s decision.

If the first appeal is refused by the NOIP, the appellant can lodge the second appeal to the Minister of Science and Technology or a competent court within thirty days of notice of the decision of the NOIP.

The Intellectual Property Law gives the applicant one more opportunity for further appeal to a competent court if he does not accept the result of the second appeal from the Minister of Science and Technology.