Administrative Litigation

Scope

Administrative litigation includes:

  • The procedures for objection and ownership claims
  • Disputes before the Higher Appeals Commission

Opposition and Claim Procedures

The opposition

Objective: To allow any third party to obtain the rejection or limitation of a title application.

Terms and conditions:

  • Timeframe: 3 months following publication of the application in the BOPI
  • Condition: Proof of payment of the objection fee
  • Procedure before the opposition committee established by the Director General

The claim of ownership

Objective: To allow any third party to obtain the transfer of a title application to their benefit.

Terms and conditions:

  • Timeframe: 3 months following publication of the application in the BOPI
  • Condition: Proof of payment of the corresponding tax

Appeals procedure

Time limit: 60 days from the date of notification of the contested decision.

Appeal file including:

  • A request for cancellation with the applicant's full contact details
  • A supplementary memorandum setting out the grounds for the appeal
  • Proof of payment of the appeal fee

Jurisdiction: OAPI Higher Appeals Commission

Newsletter

Sign up to receive the latest information; training offers; IP news in the States, tips to protect and defend your rights, educational videos.
No, thank you
Newsletter