NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
Advokatfirmaet Thommessen AS Ruseløkkveien 38 0251 Oslo Norway Tel: +47 23 11 11 11 Web: www.thommessen.no/en
1. Trade Mark and Copyright Law 1.1 Governing Law Trade mark rights are governed by the Norwe - gian Trade Marks Act (Act No 8 of 26 March 2010), while copyrights are governed by the Norwegian Copyright Act (Act No 40 of 15 June 2018). In addition, preparatory works and case law, in particular the Supreme Court precedents, elaborate on and interpret the statutory provi - sions in the Trade Marks Act and the Copyright Act. Norway is a part of the European Economic Area (EEA), and is thus required to harmonise most major parts of its legislation with EU law. Due to the EEA Agreement, Norway has imple - mented several of the EU directives relating to trade marks and copyright into its national law. Accordingly, case law from the Court of Justice of the European Union (the CJEU) carries signifi - cant weight when interpreting the Trade Marks Act and Copyright Act. 1.2 Conventions and Treaties/Rights of Foreign IP Holders Norway is a member of the following internation - al treaties regarding trade marks and copyright:
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks; • Paris Convention for the Protection of Indus - trial Property; • Singapore Treaty on the Law of Trade Marks; • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; • Agreement on Trade-Related Aspects of Intel - lectual Property Rights (TRIPS Agreement); • Berne Convention for the Protection of Liter - ary and Artistic Works, revised 1971; • Marrakesh Treaty to facilitate access to pub - lished works for persons who are blind, visu - ally impaired, or otherwise print-disabled; • Universal Copyright Convention, revised 1971; and • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations. Under Norwegian law, treaties are not self- executing and only take effect when and to the extent they are implemented in national legisla - tion. The rights of foreign trade mark or copyright holders are governed by the same laws, conven - tions and treaties as mentioned in 1.1 Governing Law and above. Under Norwegian law, foreign
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