Summary

Matters regarding the industrial property appeal board have been raised in connection with the industrial property system reform. The author analyses the role and competence of the appeal board in the Estonian legal system, the authority of the board in adopting decisions and the legal effect of its decisions. Also, the author seeks to answer the question what should a new decision of the Patent Office be like if its decision has been cancelled by the appeal board and examines the possibilities for making the appeal board compulsory.
In addition, the provisions of legislation drafted in the course of the industrial property reform are analysed. The author looks at plans to extend the competence of the appeal board and compliance of this plan with the work principles of the board, examines the provisions governing parties to proceedings, and focuses on the appeal procedure which also grants the right of appeal to third persons. Finally, involvement of a specialist in the hearing of a matter by the appeal board and assessment of his or her expert opinion as evidence are scrutinised.