NORWAY LAW AND PRACTICE Contributed by: Lars Erik Steinkjer, Nora Bratheim and Guro S K Nybø, Wikborg Rein Advokatfirma AS
6.3 Trade Secrets Trade secrets disputes have been seen within the life sciences and pharma sector, particularly in relation to a company’s former consultants or employees. The relevant sources of law are the Norwegian Trade Secrets Act of 2021 and the Norwegian Marketing Act of 2009.
expected two to four weeks after the Supreme Court hearing. 7.2 Appeal Court(s) Arbiter The “Borgarting” Court of Appeal decides patent litigation appeals from the Oslo District Court in the first instance. The appeal is heard by three legal judges and there is no specialisation in pat - ent matters; however, the appellate court will be assisted by two appointed expert lay judges. An appeal to the Supreme Court is heard by five legal judges and, as in the Court of Appeal, there is no specialisation in patent matters. 7.3 Special Provisions The Oslo District Court is the mandatory venue for design, trade mark and patent cases. IP pro - ceedings are, however, dealt with in accordance with the general procedural rules set out in the Norwegian Dispute Act. The holder of the relevant right may request that the Customs Authority retains goods that are in the authority’s control if there is reasonable suspicion that the importation of said goods will constitute: • a violation of the individual’s rights under the Norwegian Marketing Act; or • an infringement of their IP rights such as a patent or copyright. This may be done if the infringement consists of an imitation of someone else’s product, char - acteristic, advertising material or other similar material. 8. Other Relevant Forums/ Procedures 8.1 The UPC or Other Forums
7. Appeal 7.1 Timeframe to Appeal Decision Preliminary Injunctions
A PI decision may be handled in the second instance if appealed. An appeal may be filed within a limited one-month time period. The appellate court will normally only review the case based on the written submissions and evidence. Main Actions A judgment in infringement (and/or revocation) proceedings from the Oslo District Court may be appealed to the “Borgarting” Court of Appeal. A court of appeal hearing in Norway implies hear - ing the case all over again with evidence, expert witnesses and legal arguments; also, new evi - dence and arguments are allowed. The appeal hearing in the appellate court will normally take place about a year after an appeal was made. A judgment is normally expected within four to ten weeks of the hearing, depending on the com - plexity of the case. A further appeal is possible to the Supreme Court; however, leave for appeal is only granted if the appeal raises principal points of law for which guidance from the Supreme Court would be deemed useful. The appeal hearing in the Supreme Court will normally take place within three to five months of an appeal being made to the Supreme Court. A judgment is normally
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