NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
No approval from the NIPO is required for the assignment of trade marks. However, for evidential purposes in case of dis - putes, it is generally recommended that agree - ments on assignment be concluded in writing. Trade marks and copyrights are transmissible upon death. 6.2 Licensing Requirements or Restrictions There are no formal requirements or specific procedures that apply to the licensing of trade marks or copyright in Norway. However, for evidential purposes and for the owner to precisely identify the extent and scope of the licence, it is generally recommended to conclude licence agreements in writing. Different types of licences may be granted: • exclusive licences; • non-exclusive licences; • sole licences; and • a combination of these types of licences. A licence can be perpetual. No approval from NIPO is needed for licensing of trade marks. 6.3 Registration or Recording of an Assignment or Licence Trade Marks The Trade Marks Act stipulates that if the right to a registered trade mark has been assigned to another person, this can be registered in the Trade Mark Register and be published at the request of one of the parties.
The same applies to a licence for a trade mark that has been registered or for which an appli - cation for registration has been filed. The same applies if a registered licence has been assigned or lapsed. If an assignment or licence is not registered, it may still be valid between the parties involved. However, in case of a conflict, registered assign - ments/licences generally have priority over unregistered ones. In conflicts between regis - tered assignments/licences, rights for which the NIPO has received the registration request shall prevail over rights for which no request for reg - istration has been received by the same date or earlier. Copyright As copyright protection in Norway is not sub - ject to registration, registration or recording of an assignment or licence is not relevant. 7. Initiating Trade Mark and Copyright Lawsuits 7.1 Timeframes for Filing Infringement Lawsuits There is no specific statute that requires trade mark or copyright claims to be brought within a specific period of time. In extraordinary circum - stances, trade mark and copyright infringement claims may be subject to equitable defences such as laches when there has been an unrea - sonable delay in asserting a legal right. 7.2 Legal Claims for Infringement Lawsuits and Their Standards Different legal claims available to a trade mark or copyright owner in Norway to pursue infringe - ment include direct infringement, contributory infringement and vicarious infringement. Avail -
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