NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
• compensation corresponding to twice the amount of a reasonable licence fee for infringement committed intentionally or due to gross negligence. For infringements that have occurred in good faith, the infringer, to the extent that this is not unreasonable, has to pay compensation equiva - lent to a reasonable fee for the use or the profit obtained from the infringement. The judge does not have discretion with regard to ordering remedies, but is bound by the state - ment of claims. 10.3 Attorneys’ Fees and Costs The winning party is at the outset entitled to full compensation for their legal costs from the los - ing party, provided that the winning party has claimed to be awarded such costs. In theory, there is no limit as to the amount that may be awarded. However, there is a practical limitation in the fact that the party may only be awarded legal costs that are considered reasonable and necessary. What is considered reasonable and necessary depends on the extent, and signifi - cance, of the case. In order to be compensated, the party must have won the case either fully or significantly. If neither party has won the case in full, the judge may decide that the parties shall bear their own legal costs. The court can also exempt the losing party from liability for legal costs in whole or in part if the court finds that compelling grounds justify exemption. In this respect, the court will, in par - ticular, take into account whether: • there was a justified cause to have the case heard because the case was doubtful or
because the evidence was clarified only after action was brought; • the winning party can be reproached for bringing the action or the party rejected a reasonable offer of settlement; or • the case is important to the welfare of the party and the relative strength of the parties justifies exemption. 10.4 Ex Parte Relief If there is a risk in staying, the court may grant temporary detention or injunctions without prior oral hearings and notice to the defendant. Gen - erally, the condition will be fulfilled where there is a risk that the main claim cannot otherwise be secured. 10.5 Customs Seizures of Counterfeits or Parallel Imports The court may decide, as a preliminary injunc - tion, that the customs authorities must withhold goods that are in their possession if the import or export of the goods will constitute an infringe - ment of intellectual property (including both trade mark rights and copyrights). In addition, the trade mark or copyright owner may apply for the customs authorities to detain goods in their possession, if there is a reasonable suspicion that the import or export of the goods will constitute an infringement of an intellectual property right. This application must include documentation of the intellectual property rights to which the application applies, and information that makes it possible to identify both authen - tic and counterfeit goods. The trade mark or copyright owner can also request destruction by the customs authorities under certain condi - tions. The applicant must assume responsibility for costs incurred by the customs authorities in connection with the storage, examination and destruction of goods, etc.
397 CHAMBERS.COM
Powered by FlippingBook