NORWAY Law and Practice Contributed by: Harald Sætermo, LexOslo
7.5 Others Computer programs may be protected as copyright works under the Copyright Act, provided that the gen - eral requirements for copyright protection are met. Databases may be protected by copyright where they qualify as original works. Databases that do not qual - ify for copyright protection may nevertheless benefit from separate database protection where substantial investment has been made in obtaining, verifying or presenting their contents. Trade secrets are not registered. They may be pro - tected under trade secrets legislation against unlawful acquisition, use and disclosure, including industrial espionage and unauthorised disclosure of confidential business information. The main data protection framework in Norway is the EU General Data Protection Regulation (GDPR), as incorporated into Norwegian law through the Norwe - gian Personal Data Act. Norway is not an EU mem - ber state, but participates in the EU internal market through the EEA Agreement. The GDPR was incorpo - rated into the EEA Agreement and has applied in Nor - way since 20 July 2018. Norway is therefore bound by the GDPR in substantially the same way as EU Member States. The Norwegian Personal Data Act supplements the GDPR with national provisions where the GDPR allows local regulation, including certain rules on pro - cessing in employment relationships, research, free - dom of expression, access to documents, children’s consent and administrative fines. It does not replace the GDPR; it makes the GDPR applicable in Norway and adds limited national rules. 8. Data Protection 8.1 Applicable Regulations The Norwegian Data Protection Authority, Datatilsyn - et, is the national supervisory authority. It supervises compliance, handles complaints, issues guidance and may impose corrective measures and adminis - trative fines. Datatilsynet participates in the European Data Protection Board, although Norway’s EEA status
The Norwegian Industrial Property Office examines formal filing requirements, whether the application concerns a design within the meaning of the Design Act, and certain public interest grounds for refusal. It does not generally examine whether the design is new or has individual character before registration. A reg - istered design may therefore later be challenged and declared invalid or revoked if the substantive require - ments are not met. A registered design is protected for five years from the filing date and may be renewed in five-year periods for a maximum term of 25 years, subject to payment of renewal fees. Design rights are enforced before the ordinary courts. Remedies for design infringement may include injunc - tions, reasonable compensation, damages and meas - ures to prevent further infringement. In serious cases, design infringement may also give rise to criminal liability. 7.4 Copyright Copyright is governed by the Copyright Act and pro - tects original literary and artistic works. Protection arises where the work is the result of an individual creative effort, regardless of its form of expression. Copyright gives the author an exclusive right to exploit the work by making copies and by making the work available to the public. As a general rule, copyright lasts for the lifetime of the author and for 70 years after the end of the year of the author’s death. Special rules apply to certain catego - ries of works, including films, anonymous and pseu - donymous works and works of unknown authorship. No registration is required to obtain copyright protec - tion. Protection arises automatically when an original work is created. Copyright is enforced before the ordinary courts. Infringement may give rise to reasonable compensa - tion and damages. In certain circumstances, infringe - ment may also result in criminal liability, including fines or imprisonment.
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