INTERNAL APPEAL MECHANISM AGAINST MONGOLIAN INTELLECTUAL PROPERTY OFFICE DECISIONS: OVERVIEW

Abstract

Industrial property disputes arise from the complexity of the patent and trademark examination process that require compliance with legal requirements or criteria set by applicable national laws and international agreements. On the other hand, industrial property rights are generally the rights granted by intellectual property offices after a careful and thorough examination process under strict legal guidance. With that regard, intellectual property offices possess distinct internal dispute resolution mechanisms for resolving such disputes, governed variably by their national laws and regulations. Nonetheless, one thing that is common is that those offices review their own decisions for the examinations. In Mongolia, a singular, independent unit handles all industrial property disputes, including inventions, utility models, designs, trademarks and geographical indications, as well as determining the registration of well-known trademarks. Here is where independent unit is legislated to be organized on a “non-permanent” basis, which is distinguished by being composed of representatives from various organizations. The paper presents an overview of the current practices for handling industrial property disputes in Mongolia, including involved disputes, dispute settlement body, procedural aspects and the legal frameworks, as well as provides recommendations for further improvement.