NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
Foreign trade mark and copyright owners may bring infringement claims in Norway. The own - er’s mark or work does not have to be registered in Norway. 7.6 Declaratory Judgment Proceedings and Other Protections for Potential Defendants A defendant may file an action for declaratory judgment of non-infringement, substantiating the reasons why an alleged infringement does not exist. Such an action may be filed with no prerequisites or formalities. 7.7 Small Claims The Remuneration Board is a Norwegian board tasked with handling disputes regarding remu - neration under the Copyright Act. The board can issue a prohibition on further use of copyrighted works if someone liable for remuneration fails to pay for the use in accordance with an agreement or as stipulated by the Copyright Act. Court cases concerning economic interests with a claim below NOK250,000 (approximately EUR21,230 are subject to a simplified small claims procedure in the district courts. 7.8 Effect of Trade Mark and Copyright Office Decisions The courts are not bound by NIPO’s decisions, and the court may fully and freely review the matter in its entirety. 7.9 Counterfeiting and Bootlegging There is no prevailing definition of “counter - feiting” in Norway. However, counterfeiting will generally be perceived as referring to the manu - facturing of fake versions of original products, which often involves a violation of intellectual property rights such as trade mark rights or copyrights. Acts of counterfeiting can thus be
sanctioned pursuant to the general provisions of the Trade Marks Act and Copyright Act. In addition, counterfeiting can, under certain con - ditions, constitute fraud under Section 371 of the Penal Code. A party may be subject to criminal liability for counterfeiting pursuant to the Copyright Act and Trade Marks Act. Counterfeiting that falls within the scope of Section 371 of the Penal Code, is punishable by fines or imprisonment for up to two years. Counterfeit products may be subject to seizure or destruction by the customs authorities. There are no specific provisions relating to boot - legging under Norwegian law. However, bootleg - ging is generally perceived as the distribution of a recording of audio or film, without the permis - sion of the right-holder. Such acts are sanction - able pursuant to the general provisions of the Copyright Act. Bootlegging may be subject to fines or imprisonment pursuant to the general provisions of the Copyright Act. 8. Litigating Trade Mark and Copyright Claims 8.1 Special Procedural Provisions for Trade Mark or Copyright Proceedings Apart from Oslo District Court being the man - datory legal venue in most copyright and trade mark cases, there are no special procedural pro - visions for trade mark and copyright proceed - ings, and the standard civil procedures apply. The case is determined by legal and, in some cases, also supplemented with technical judges. Both the parties and the court may submit pro - posals for the appointment of technical judg -
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