Icon Enforcement Best Practices

NORWAY

Summary:

Title of initiative

Advice on IPR protection and commercialisation

(Råd om beskyttelse og omsetning av immaterielle verdier)

1. General presentation

1.1 Overview

Innovation Norway promotes nationwide industrial development profitable to both the business economy and Norway’s national economy, and helps release the potential of different districts and regions by contributing towards innovation, internationalisation and promotion.

Norwegian SMEs are in the focus of Innovation Norway’s activities. The state owned company employs more than 700 people. Innovation Norway has offices in all the Norwegian counties and in more than 30 countries world wide. The head office is located in Oslo. The "Advice on IPR protection and commercialisation" service is provided by trained advisers to SMEs nationwide, with special focus on small and micro enterprises. The contents of the service can bed summarized as follows:

§ IPR strategies

§ Technology license negotiations

§ Early freedom to operate analysis

§ IPR enforcement

In addition to the free of charge advisory service, Innovation Norway provides SMEs with grants aimed at IPR protection, development and enforcement.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

Innovation Norway

2. Detailed Information

2.1 Start date

January 2004

2.2 End date

Ongoing

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Norway's recent ratification of the European Patent Convention (EPC) has lead to an increase of the awareness level among Norwegian SMEs regarding the importance of protecting and managing their intellectual assets, which has lead to an increased demand of information and advice on IPR issues by SME's. The "Advice on IPR protection and commercialization" service provided by Innovation Norway is crafted to meet this need, although the size of the advisory task force seems insufficient (nine advisors) .

4. Further Information

4.1 Document References

-

4.2 Web Site

www.innovasjonnorge.no

4.3 Contacts

Innovation Norway

Akersgata 13

PO Box 448 Sentrum

N-0104 Oslo

Tel: +47 22 00 25 00

Fax: +47 22 00 25 01

firmapost@innovasjonnorge.no

4.4 Information Source

IPR Enforcement Support Expert Group

Title of initiative

The Norwegian Industrial Property Office / Market and Information / Seminar and Search Services

1. General presentation

1.1 Overview

The Norwegian Industrial Property Office (NIPO) is a government authority organized under the Ministry of Trade and Industry. NIPO has approximately 270 employees working with legal issues, technology and science, finance and administration, as well as information and marketing services.

NIPO sees its primary role to support Norwegian industry and promote economic growth, inter alia through raising awareness and increasing understanding of industrial property rights as an essential element in enabling companies to secure their investments and develop a competitive edge in the global market.

Besides being responsible for processing applications for patent protection, and for trademark and design registration, NIPO offers courses, seminars and lectures on the importance of industrial property rights. Through such seminars, NIPO puts emphasis on the enforcement of industrial property rights, as well as specific challenges, possibilities and strategies connected to the relevant categories of rights. NIPO has arranged such seminars since 1992, with an increasing number of events and participants. The length of the courses varies from 0,5-2 days to 1-2 years. Upon request, NIPO also offers tailor-made courses to separate entities.

NIPO also carries out a variety of searches and investigations to provide the industry, including SMEs, with more detailed information according to their needs. NIPO provides its customers with information on technological developments within a specific technical field, gives prior assessments of ideas for patenting, trademarks and designs, and monitors specific activities and companies involved in particular fields.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

The Norwegian Industrial Property Office (NIPO)

2. Detailed Information

2.1 Start date

1992 (seminars and training courses)

2.2 End date

Ongoing

2.3 Budget

-

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

N/A

4. Further Information

4.1 Document References

-

4.2 Web Site

www.patentstyret.no

4.3 Contacts

Monika Kristin Vik, Special Advisor

Patentstyret (NIPO)

Københavngaten 10, 0566 Oslo

POSTAL ADDRESS :

PO Box 8160 Dep

N-0033 Oslo

Phone: +47 22 38 73 00

Fax: +47 22 38 73 31

mail@patentstyret.no

4.4 Information Source

IPR Enforcement Support Expert Group

Title of initiative

Næringslivets konkurranseutvalg (NKU) - The industry and trade committee on unfair competition

1. General presentation

1.1 Overview

The NKU (Næringslivets konkurranseutvalg) is a special committee appointed by certain members of the Confederation of Norwegian Enterprise (NHO) and serving as a vehicle for advice and amicable dispute resolution. Its services are not directed to traditional industrial property rights such as the infringement of trademarks, patents and designs, but are based on the Norwegian Marketing Practices Act prohibiting acts of unfair competition and thus governing inter alia the copying of unregistered or unprotected products, marketing materials and signs.

The committee renders opinions on the marketing behaviour of enterprises under the act on the request of a concerned party. Such opinions are not legally binding, unless agreed between the parties. However, private parties often adhere to the opinions given, and an opinion of the committee may also have a certain weight with respect to the decisions of the ordinary courts, especially in preliminary proceedings. The proceedings are in writing, and there is a minor fee of NOK 10.000 to be paid by the party requesting the opinion. The opinions are publicly available, thus the practice of the committee serves in general as guidance for other entities beyond those involved in the dispute. Furthermore, as the members of the committee are respected representatives of the industry as well as judges and attorneys practicing intellectual property law, the practice of the committee also serves as a source of law.

Referring a case to the NKU is generally a cost and time efficient method of obtaining advice on a party's position with respect to the copying of products, marketing materials and signs, etc. Furthermore, as the statements of the committee often are adhered to, the body also indirectly works as an informal dispute resolution mechanism.

1.2 Sector focus

Sector:

No specific sector

1.3 Institution (managing initiative)

Næringslivets konkurranseutvalg (NKU) - The industry and trade committee on unfair competition

2. Detailed Information

2.1 Start date

1964

2.2 End date

Ongoing

2.3 Budget

€ 36-55,000 p.a. (NOK 300-450,000) depending on number of cases referred

2.4 Type of initiative

Initial Information & Signposting

Dedicated Information Provision

Dedicated Services

Professional Advice

Training

International Liaison & Actions by Business Organisations

Funding & Evaluation

Public Access & Co-ordination Measures

Other (specify):

2.5 Type of IPR

All IPR

Industrial Property

Inventions :

Patents

Utility Models

Plant Varieties

Topographies of Semiconductor Products

Distinctive Signs :

Trade Marks

Trade Names

Geographical Indications, Designations of Origin

Aesthetic Creations:

Designs (industrial design)

Intellectual Property

Literary, Scientific, Artistic Creations :

Copyright

Neighbouring Rights

Rights in Common Law, Tort, Competition Law etc.

Trade Secrets, Licensing & Confidentiality Agreements

2.6 Stage in Enforcement Process

All Stages

Registration

Business Planning / Strategy

Investigations

Administrative Procedures

Litigation

Other (specify):

3. Evaluation of Initiative

3.1 Overall appraisal

Following an evaluation of the work of the NKU by its founders, the NKU's procedures were improved and its work continued

4. Further Information

4.1 Document References

-

4.2 Web Site

www.konkurranseutvalget.no

4.3 Contacts

Næringslivets konkurranseutvalg (NKU)

PO Box 5250 Majorstuen

N-0303 Oslo

Phone: +47 23 08 81 11

nku@nku.no

4.4 Information Source

IPR Enforcement Support Expert Group

(Ingebjørg Harto, Head of Department, Legal Departement, Confederation of Norwegian Enterprises (NHO)

Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) 
which is co-financed by the CIP Programme, DG Enterprise and Industry of the European Commission