Proceedings on appeal

Persons entitled to appeal and to be parties to appeal proceedings

Any other parties to the proceedings shall be parties to the appeal proceedings as of right.

(ii) during any appeal proceedings against a decision taken by the Office during the former proceedings,

Any party to proceedings adversely affected by a decision may appeal.

(2) In the cases covered by paragraph 1(a) the parties to the appeal proceedings shall be parties to the proceedings before the Enlarged Board of Appeal.

(iii) during any appeal proceedings against the decision on the registration of the mark,

(1) Any party to appeal proceedings adversely affected by the decision of the Board of Appeal may file a petition for review of the decision by the Enlarged Board of Appeal.

(4) The apportionment of costs of opposition proceedings cannot be the sole subject of an appeal.

(1) Unless otherwise provided, the provisions relating to proceedings before the department which has made the decision from which the appeal is brought shall be applicable to appeal proceedings mutatis mutandis.

(2) If a party who has been duly summoned to oral proceedings before the European Patent Office does not appear as summoned, the proceedings may continue without him.

The plea in set-off which has not been raised in first instance proceedings may even not be raised in the appeal.

(d) any other fundamental procedural defect defined in the Implementing Regulations occurred in the appeal proceedings; or

No appeal shall be allowed against the decree granting to the motion for exemption from payment of the costs of proceedings.

Members of the Appeal Board shall be immune from legal proceedings in respect of acts performed by them in their official capacity.

Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.

(a) the Board of Appeal shall, during proceedings on a case and either of its own motion or following a request from a party to the appeal, refer any question to the Enlarged Board of Appeal if it considers that a decision is required for the above purposes.

For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.

If the petition is allowable, the Enlarged Board of Appeal shall set aside the decision under review and shall re-open proceedings before the Boards of Appeal in accordance with the Implementing Regulations.

No special appeal shall be allowed against the decree on dismissal of the motion to suspend and on immediate continuation of the proceedings.

(4) The appeal shall be tried pursuant to the provisions governing the appellate procedure within the framework of ordinary court proceedings.

The proceedings in appeal from decree shall be subject, as appropriate, to the provisions applying to the appeal from judgment, except for the rules on the replication and the hearing before the court of second instance.

In proceedings under paragraph 1(c), the Enlarged Board of Appeal shall consist of three or five members as laid down in the Implementing Regulations.

(5) Persons whose names appear on the list of professional representatives shall be entitled to act in all proceedings established by this Convention.

(a) the members of the Boards of Appeal or the Enlarged Board of Appeal may serve on a European patent court or a common entity and take part in proceedings before that court or entity in accordance with any such agreement;

(2) In proceedings under paragraph 1(a) and (b), the Enlarged Board of Appeal shall consist of five legally qualified and two technically qualified members.

No appeal shall be allowable against decisions passed during the preparations for the main hearing and relating to direction and control of the proceedings.

(3) The appeal shall be lodged in writing with the court which issued the misdemeanour judgement in a sufficient number of copies to submit the appeal to the court conducting the proceedings, petitioner, accused person and defence counsel.

Even if none of the parties appear at hearing for the production of evidence appointed by the requested and/or presiding judge, the proceedings shall not be stayed.

If the payment order is challenged only in respect of the decision on costs of proceedings, then such decision may only be challenged by means of appeal from decree.

(5) A decision fixing the amount of costs of opposition proceedings cannot be appealed unless the amount is in excess of that laid down in the Rules relating to Fees.

If the motion to reopen the proceedings is related solely to the proceedings in appeal, the judge presiding the panel of the court of first instance shall send the case, after having considered the motion at a hearing, to the high court to decide thereupon.

The proceedings in the principal action before the Appeal Board shall then be suspended until such time as an express of implied decision rejecting the complaint is taken.

(3) The right to file an appeal against decisions relating to the apportionment or fixing of costs in opposition proceedings may be restricted in the Implementing Regulations.

The proceedings shall also be stayed if one of the parties does not appear at the hearing after being duly summoned and if the other party moves for the stay of proceedings, except when the absent party had proposed beforehand that the hearing be conducted in their absence.

(2) A decision which does not terminate proceedings as regards one of the parties can only be appealed together with the final decision, unless the decision allows separate appeal.

If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:

Pursuant to the provisions of this Chapter, appeals against other decisions issued in accordance with this Act within the framework of ordinary court proceedings must also be resolved.

(4) Oral proceedings, including delivery of the decision, shall be public, as regards the Boards of Appeal and the Enlarged Board of Appeal, after publication of the European patent application, and also before the Opposition Divisions, in so far as the department before which the proceedings are taking place does not decide otherwise in cases where admission of the public could have serious and unjustified disadvantages, in particular for a party to the proceedings.

(1) In any proceedings before an Examining Division, an Opposition Division, the Legal Division or a Board of Appeal the means of giving or obtaining evidence shall include the following:

No special appeal shall be allowable against a decree permitting the reopening of proceedings if thereby the presiding judge has decided to proceed immediately with the hearing of the case.

As a general rule, the proceedings shall not exceed 60 days from the date a party to the dispute formally notifies its decision to appeal to the date the Appellate Body circulates its report.

In accordance with Article 106, paragraph 5, of the Convention, decisions fixing the amount of costs of opposition proceedings may be appealed if the amount is in excess of the fee for appeal.

(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.

(1) Each party to the proceedings shall meet the costs he has incurred unless a decision of an Opposition Division or Board of Appeal, for reasons of equity, orders, in accordance with the Implementing Regulations, a different apportionment of costs incurred during taking of evidence or in oral proceedings.

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to make its award.

The parties and other persons involved in the proceedings shall file actions, appeals and other pleadings in the Slovenian language or in the languages of national communities officially used by the court.

Notwithstanding the provisions Articles 286 and 337 of the present Act, in proceedings in matrimonial actions and in actions concerning the relations between parents and children, the parties may present new facts and adduce new evidence until the end of the main hearing in first instance proceedings and also in the appeal.

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal to continue the proceedings and to render its final decision.

An official of a requested authority may be authorised to appear, within the limitations of the authorisation granted, as an expert or witness in judicial or administrative proceedings regarding the matters covered by this Protocol, and produce such objects, documents or certified copies thereof, as may be needed for the proceedings.