NORWAY Law and Practice Contributed by: Harald Sætermo, LexOslo
reproducible, be novel and involve an inventive step. Mere discoveries, scientific theories, mathematical methods, aesthetic creations, business methods and computer programs “as such” are not patentable. Patent rights are obtained by application. National patents are granted by the Norwegian Industrial Prop - erty Office, while European patents may be granted by the European Patent Office and made effective in Norway. The application must include a description of the invention and patent claims defining the scope of protection sought. The invention must be disclosed sufficiently clearly and completely for a person skilled in the art to carry it out. A granted patent may normally be maintained for up to 20 years from the filing date, subject to payment of annual fees. Patent rights are enforced before the ordinary courts. Remedies for patent infringement may include injunc - tions, reasonable compensation, damages and meas - ures to prevent further infringement. In serious cases, patent infringement may also give rise to criminal liability. 7.2 Trade Marks A trade mark may consist of any sign capable of dis - tinguishing the goods or services of one undertaking from those of others. Trade mark rights are governed by the Trademarks Act and may be established by registration or through use. National trade mark rights may be obtained by reg - istration in the Norwegian trade mark register. To be registrable, the mark must be capable of distinguish - ing the applicant’s goods or services and must have distinctive character. Descriptive or generic signs should generally remain available for use by others. The Norwegian Industrial Property Office examines whether the statutory conditions for registration are met, including both absolute and relative grounds for refusal. Trade mark rights may also be established without registration where the mark has become established through use. A mark is established through use where, and for as long as, it is well known in the relevant
Norwegian market as a distinctive sign for particular goods or services. If the mark is established only in part of Norway, protection is limited to that area. Trade mark protection gives the holder an exclusive right to use the mark as a sign for goods or services in the course of trade. The right covers use of identical signs for identical goods or services and use of iden - tical or similar signs for identical or similar goods or services where there is a likelihood of confusion. Well- known marks may enjoy broader protection against unfair exploitation or impairment of their goodwill. A registered trade mark is protected for ten years at a time and may be renewed indefinitely, subject to pay - ment of renewal fees. Registered marks may be vul - nerable to cancellation if they are not put to genuine use for a continuous five-year period without proper reason. Trade mark rights are enforced before the ordinary courts. Infringement may give rise to reasonable com - pensation, damages or an account of profits, depend - ing on the circumstances. In serious cases, trade mark infringement may also give rise to criminal liability. 7.3 Industrial Designs Design rights are governed by the Design Act. Design protection covers the appearance of a product or part of a product, including features such as lines, con - tours, colours, shape, texture, materials or ornamen - tation. A design must be new and have individual character to qualify for protection. A design is new if no iden - tical design has been made available to the public before the filing date or priority date. Individual char - acter depends on whether the overall impression pro - duced on the informed user differs from that produced by earlier designs, taking into account the designer’s freedom in developing the design. Design rights are obtained by registration. Applications must be filed in writing with the Norwegian Industrial Property Office and must identify the applicant, the product or products to which the design relates, and include images clearly showing the design. The appli - cation fee must be paid.
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