Infringements, reviews & invalidity suits

Infringements: If a third party infringes your Norwegian design registration, we can ask this party to cease his/her activities or alternatively negotiate a license agreement or even sell the design registration, should you so desire. If no agreement is made, we can file an infringement case.

A party infringing a Norwegian design is liable to pay compensation as of the day the registration was made public in the Norwegian Design Gazette or the day the infringer was aware of the registration, whichever is first. Generally, compensations are fairly low. A petition for an interlocutory injunction may be filed as soon as the proprietor becomes aware of the infringement, but it is normally required that he posts a financial guarantee to compensate the alleged infringer should the court conclude that no infringement had taken place.

An administrative review may be filed during the entire life time of the design and may result in the full or partial revocation of the design registration.

An invalidity suit may be filed with the Norwegian Patent Office or be brought before the court at any time during the entire life time of the design. In addition, an invalidity case may be brought before the court after the registration has lapsed or has been renounced.

We can assist you in all the above-mentioned matters, and our in-house attorneys-at-law are fully qualified to litigate such cases, but when necessary due to the complexity or scope of the infringement, we draw on resources from other reputable Norwegian law firms qualfied in IP law.