NORWAY LAW AND PRACTICE Contributed by: Lars Erik Steinkjer, Nora Bratheim and Guro S K Nybø, Wikborg Rein Advokatfirma AS
Wikborg Rein Advokatfirma AS Dronning Mauds Gate 11 0250 Oslo Norway Tel: +47 22 82 75 00 Email: oslo@wr.no Web: www.wr.no/en/
1. Life Sciences and Pharma/ Biopharma Patent Litigation 1.1 Claimants/Plaintiffs to an Action Revocation Actions As long as a patent is in force, any party may initiate an action to have the patent revoked, including individual co-owners and third parties such as licensees. Infringement Actions The patentee and an exclusive licensee – ie, a licensee that has the exclusive right to make, sell and/or put the invention on the market – has standing to commence an action for pat - ent infringement. Registration or recording of an exclusive licensee is not required in order for it to bring an action. The patentee does not need to be joined as a party to the infringement action. However, if infringement proceedings are commenced by a licensee, the patentee must be notified. The same applies if the patentee brings an action – licensees registered in the official patent register must be notified. 1.2 Defendants/Other Parties to an Action The parties in life sciences/pharma actions in Norway are, almost without exception, manu -
facturers of pharmaceuticals. The Norwegian Industrial Property Office (NIPO) is required to be notified if a revocation action is initiated, but they have no role in revocation or infringement actions between pharmaceutical manufacturers. 1.3 Preliminary Injunction Proceedings Preliminary injunctions (PIs) are available in Nor - way, including ex parte PIs. A PI is available on the condition that the claimant establishes as probable that there is either: • an infringement of a patent; or • the defendant has made significant pre - paratory acts with the aim of carrying out an infringing act. Moreover, the claimant must establish that an injunction is necessary, as pursuing the claim would otherwise be substantially more difficult or cause substantial harm or inconvenience. Addi - tionally, the court must find that an injunction is justified when taking into account the interests of both parties. Upon granting a PI, the court may order the claimant to provide a guarantee for compensation to the defendant in the event that it is later established that the injunction was unjustified. A patentee should not delay in commencing the PI action once they become aware of potential
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