NORWAY LAW AND PRACTICE Contributed by: Lars Erik Steinkjer, Nora Bratheim and Guro S K Nybø, Wikborg Rein Advokatfirma AS
10. Settlement/Antitrust 10.1 Considerations and Scrutiny
The holder of the right must send an applica - tion to the Customs Authority containing, among other things: • the applicant’s name and address; • potential agent’s name and address; • a list of the IP rights in question; and • information making it possible to identify authentic goods. 9. Alternative Dispute Resolution 9.1 ADR Options The parties are not required to undertake medi - ation before commencing court proceedings. Nevertheless, according to Section 5-4 of the Norwegian Dispute Act, the parties shall con - sider whether it is possible to reach an amicable settlement of the dispute before action is brought and shall make an attempt at settlement. According to Section 8-1 of the same Act, the court shall also – at each stage of the case – con - sider the possibility of a full or partial amicable settlement of the legal dispute through media - tion or judicial mediation, unless the nature of the case or other circumstances suggest oth - erwise. Mediation or arbitration is, however, not commonly used in patent disputes.
The parties cannot agree upon terms prohib - ited by Norwegian competition law or EEA/EU competition law. Terms that restrict competition in the relevant market and extend the monop - oly conferred by the patent – for example, by restricting the licensee’s use of its own technol - ogy – might be unlawful under competition law.
11. Collective Redress 11.1 Group Claims
Group claims are generally available in Nor - way according to Chapter 35 of the Norwegian Dispute Act. To date, group claims have been mostly seen in consumer-related cases. Group claims may also be for products/services within the life sciences/pharma sector.
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