NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
3. Copyright Ownership, Protection and Rights 3.1 Types of Copyrightable Works The following works are eligible for copyright protection in Norway according to Section 2 of the Copyright Act: • texts of all forms, including works of fiction and non-fiction; • oral presentations; • theatrical compositions, encompassing dra - matic, music-dramatic, and choreographic works, pantomimes, and radio dramas; • musical compositions, whether with or with - out accompanying lyrics; • cinematic productions; • photographic creations; • visual arts, such as paintings, drawings, graphics, and comparable forms; • sculptures of diverse types; • architectural works, comprising drawings, models, and the actual work; • tapestries and articles of fine and applied arts and industrial design, encompassing both the prototype and the finalised work; • maps, as well as drawings and graphic and plastic representations of a scientific or tech - nical nature; • computer programs; and • translations and other adaptations of previ - ously enumerated works. Industrial designs are entitled to copyright pro - tection if the requirements for copyright protec - tion are fulfilled. 3.2 Essential Elements of Copyright Protection To qualify for copyright protection, the following criteria need to be met:
the impression that there is a link between the sign and the trade mark. This right is outlined in Section 4 of the Trade Marks Act and persists throughout the term of a mark. 2.4 Use in Commerce To establish a trade mark infringement, the trade mark owner must prove that the defendant has used: • an identical sign for goods or services for which the trade mark is protected; or • a sign that is identical or similar to the trade mark for identical or similar goods or servic - es, if there exists a likelihood of confusion. The defendant may, however, argue in their defence that the use of the sign has only been descriptive. Purely descriptive use does not con - stitute a trade mark infringement. 2.5 Notices and Symbols In Norway there are no requirements to use sym - bols such as “®” or “TM” to denote that a trade mark is protected. This is optional, and has no impact on the rights of the trade mark owner. 2.6 Related Rights In Norway, intellectual property rights are not mutually exclusive, and a trade mark may be protected by several types of intellectual prop - erty rights. For example, a trade mark logo may be protected by both trade mark law and copy - right law. If a trade mark constitutes a surname, no spe - cific or different rule applies. The trade mark is valid, provided it does not cause prejudice to a person who bears the surname in question.
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