NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
of the trade mark within the EEA territory for the goods actually put on the market (exhaustion). However, this does not apply if the owner has legitimate reasons to oppose further commer - cialisation of the goods, such as if the goods in question have been altered or modified after being placed on the market. Copyright If a copy of a work is sold or otherwise assigned within the EU/EEA with the consent of the copy - right holder, the rights-holder cannot oppose fur - ther distribution of the copy to the public. If the copy is sold/assigned outside the EU/EEA, the copy may be acquired for private use or further distributed through loan or rental. The above exhaustion doctrine does not, with the exception of buildings and objects of use, grant access to rental. Further, the exhaustion doctrine does not grant access to the lending of a machine-readable copy of a computer pro - gram. The trade mark or copyright owner may claim a preliminary injunction if the defendant’s conduct makes it necessary to provisionally secure the claim, or if it is necessary to avert considerable loss or inconvenience. To obtain a preliminary injunction, the trade mark or copyright owner must substantiate their claim and the urgency of the matter. Injunctive relief cannot be grant - ed if the harm or inconvenience caused to the defendant is clearly disproportionate to the interest the plaintiff has in the injunction being granted. 10. Remedies 10.1 Injunctive Remedies
The judge does not have discretion with regards to ordering remedies, but is bound by the state - ment of claims. A preliminary injunction may in general involve a property being removed from the defendant’s possession and placed under custody or admin - istration. In addition, the NDA contains specific provisions concerning IP matters, stipulating that the court may decide that the customs authori - ties shall detain goods under their control when the import or export of the goods would consti - tute an infringement of an intellectual property right. The court may decide that the plaintiff, as a con - dition for the enforcement of the injunction, shall provide a bond/security as determined by the court for possible compensation to the defend - ant if it is later determined that the injunction was wrongfully granted. The court has discretion in determining the amount of the bond/security. 10.2 Monetary Remedies If the infringement has been committed with intent or through negligence, the trade mark or copyright owner is entitled to claim damages or compensation from the infringer. The dam - ages or compensation will be determined based on which of the following alternatives is most favourable to the trade mark owner: • compensation corresponding to a reason - able licence fee for the exploitation, as well as damages for any loss resulting from the infringement that would not have arisen in connection with licensing; • damages for any loss resulting from the infringement; • compensation corresponding to the profit/ gain obtained by the infringement; or
396 CHAMBERS.COM
Powered by FlippingBook