NORWAY Law and Practice Contributed by: Camilla Vislie, Magnus Hauge Greaker, Julie Rasmussen Solli and Amalie Hauge Pedersen, Advokatfirmaet Thommessen AS
11. Appeal 11.1 Appellate Procedure
ments EU directives on copyright, EU legal acts like the convention and the upcoming implemen - tation of the EU AI Act into Norwegian law will likely influence how Norway addresses issues of ownership and infringement of intellectual prop - erty rights related to AI-generated works. While clarifications are expected to come in the future, it is still unclear who owns AI-generated outputs and what constitutes copyright infringe - ment in this context under Norwegian law. 12.2 Trade Mark and Copyright Use on the Internet Intermediary service providers are, in certain cases, exempt from liability. The liability exemp - tion for hosting providers only applies as long as the provider has no actual knowledge of illegal activity or information and, upon obtaining such knowledge, acts expeditiously to remove or dis - able access to the information. In accordance with Article 8(3) of the Copyright Directive (2001/29), Norway has implemented provisions giving rights-holders a possibility to apply for an injunction against intermediar - ies whose services are used by a third party to infringe a copyright or a related right. The injunc - tion can only be imposed by the courts after a request from the rights-holder.
Trade mark or copyright infringement decisions can be appealed. The first instance court’s deci - sions ( tingretten ) may be appealed to the region - al appeal court ( lagmannsretten ). The judgment of the regional appeal court may be appealed to the Supreme Court ( Høyesterett ). A judgment must be appealed no later than one month after the notice of judgment. 11.2 Timeframes for Appealing Trial Court Decisions As a starting point, the appellate hearing must be set for a time that is no later than six months after the filing of the appeal. However, in prac - tice, this usually takes longer, depending on the court’s current capacity. Pursuant to the NDA, the judgment must be rendered within four weeks after the closing of the main hearing. This deadline may, however, be extended. 12. Additional Considerations 12.1 Emerging Issues In Norway, questions surrounding AI, especially concerning who owns generative AI outputs and what constitutes infringement within the area of copyright, have sparked considerable debate. There have not been any landmark copyright decisions or pending litigations pertaining to AI in Norway. Norway recently signed the Council of Europe Convention on Artificial Intelligence, which is the first global legally binding instrument for the regulation of AI. Given that Norwegian copyright is regulated by the Copyright Act, which imple -
398 CHAMBERS.COM
Powered by FlippingBook