INTELLECTUAL PROPERTY RIGHTS IN NORWAY
Opposition Term |
03 Months |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Norwegian Trademark Act, No. 8 of March 26, 2010 - is the primary law governing the mechanism of trademark registration and protection in Norway.
For getting a trademark registered in Norway, an application has to be filed with the Norwegian Industrial Property Office (NIPO), which administers the entire trademark registration process.
It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.
Norway follows the 11th edition of Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within three (03) months following its publication.
In Norway, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Norway is a member of the Paris Convention for the Protection of Industrial Property.
The Norwegian Patent Act, 1967 - deals with the mechanism of patent protection in Norway.
For seeking patent protection in Norway, an application has to be filed with the NIPO, which administers the entire process of patent grant.
In Norway, an invention that is susceptible of industrial application subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Pre-grant patent opposition cannot be filed in Norway.
Patents last for valid for twenty (20) years from the filing date. Annual maintenance fees should be paid starting from the 3rd year from the filing date, including annual fees for the 1st and 2nd years. Payment can be made within six (06) months before the due date. The due date for paying annuities is the last day of the month in which the filing occurred. Late payment may be affected within six (06) months after the due date, with which, a surcharge applies as well.
The Norwegian Designs Act, 2019 - governs and deals with the mechanism of registration of industrial designs in Norway.
For getting an industrial design registered in Norway, an application has to be filed with NIPO, which administers the entire process of registration.
The types of industrial design applications that can be filed in Norway include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Norway.
The total duration of industrial design registration is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is one (01) year.
There is a grace period of six (06) months for the renewal of industrial designs.
Norway is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Copyright Act (Act No. 40 of June 15, 2018, Relating to Copyright in Literary, Scientific and Artistic Works) is the basic legislation governing copyright protection in Norway.
In Norway, copyright comes into existence as soon as the work is created. There is no formal procedure for registration of copyright.
Copyright lasts for the author's life and seventy (70) years after his death.
For the co-authored works, copyright lasts for seventy (70) years from the death of the last surviving author.
Copyright in cinematographic works lasts for seventy (70) years from the end of the year of the death of the last survivor among the main director, author of the screenplay, dialogue writer, and composer of the music that is created for use in filming.
For work in which both words and music are provided for the purpose of the work, copyright last for seventy (70) years from the end of the year of death of the last survivor of the lyricist and the composer.
For anonymous works, copyright shall subsist for seventy (70) years after the end of the year when the work was first published.
The exclusive right to photographic images that are not intellectual property lasts for the life of the photographer and fifteen (15) years after the end of the photographer's year of death, but still at least fifty (50) years from the end of the year in which the photo was created.