Key Benefits:
Law of the Protection of Design (Design Law) |
| Date | LO-2003-200-03-14-15 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | LO-2015-01-23-4 from 01.07.2015, LAW-2015 -06-19-65 from 01.10.2015 |
| Published | In 2003 booklet 4 |
| Istrontrecation | 01.05.2003, 17.06.2010 |
| Changing | |
| Announcement | |
| Card title | The design law dsl. |
Jf. EES deal Attachment XVII # 9b (Directive 98 /71/EC) about legal protection of patterns. Jf. Former law 29 May 1970 # 33 about pattern.
The one that has produced a design (designer), or the one that the design's right has gone over to, can by registration achieve the energy to take advantage of the design by the provisions of this Act (design right).
Registration of a design does not rule out protection by other legislation if the terms of protection by other legislation are met, herunder protection following the trademark law, the intellectual property and patent law.
| 0 | Modified by law 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936). |
In the law here understood by
| 1. | design : the appearance of a product or part of a product that is particularly following the characteristic of the lines, the contours, the colors, shape, structure, or material of the product or product ornamentation. |
| 2. | product : an industrial or artisans subject, herunder parts that are determined to make in a composite product, packaging, equipment, graphic symbols, and typographical font types, but not edb programs. |
| 3. | composed product : a product consisting of multiple bedpieces that can be replaced so that the product can be taken apart and reasreases. |
Designs can only be achieved if the design is new and has an individual character.
A design is considered new if no identical design has become widely available until the day when the application was filed (applications day) or before the priority day, if it is invoked priority after Section 16. A design should be considered identical to a different design if the characterizing features only distinguish themselves from each other on immaterial points.
A design is considered to have individual character whose health impression design gives the informed user, separates from the health impression such a user gets of other designs that have become widely available before the day mentioned in other clauses. At the assessment of whether the design has individual character, it shall be taken into consideration how great the freedom designer had at the development of the design.
The design of a beset piece of a compound product is considered only to be new and have individual character in the degree
| 1. | The stand is visible during normal use of the composite product, and |
| 2. | the visible part of the stand-up meets the terms of news and individual character. |
With normal use, the end user is understood by the composite product, with the exception of maintenance, service, or repair of the product.
A design is widely available after the law here if it has been made public by registration or otherwise. The same applies if the design has been outset, exploited commercially or become known differently.
The design is still not considered to have become widely available if
| 1. | The craft circuits within the appropriate sector of the EPS through its normal nutritional business not with the equitable could have gained knowledge of the design through circumstances as mentioned in the first clause before the application day or before the priority day, if it is invoke priority after Section 16, or |
| 2. | others have received knowledge of the design under an implied or expressly prerequisite of privacy. |
The design is not considered to have become widely available after Section 5 if the earliest twelve months prior to the day that is mentioned in Section 3 other clause has been made widely available
| 1. | of the designer or the one that the design of the designer has gone over to, |
| 2. | of others on the basis of information provided or actions taken by the designer or the one that the design of the designer has gone over to, or |
| 3. | as a result of abuse in relation to the designer or the one that the design of the designer has gone over to. |
A design cannot be registered if it
| 1. | battles against public order or morality, or |
| 2. | without permission contains a weapon or other characters that are reauthored by the Criminal Code Section 165 letter b and Section 166, a state flag or a public control or warranty notice of products of the same or similar kind as the products design applies, or something that is suitable to be perceived as such a character, flag or brand. |
Designs cannot be achieved if the design collides with a design in a previous application for design right here in the country that was not widely available until the application day of the new application or before the priority day, if it is invoked priority after Section 16, but which is being made public at a later time.
Designation can also not be achieved if the design violates someone else's right here in the country to
| 1. | a heat-character, company, or other business engender character, |
| 2. | a intellectual property or a photographic image, or |
| 3. | a designation that is protected by regulation by law 17. June 1932 # 6 about quality control with agricultural response mv. or by law 19. December 2003 # 124 on food production and food safety mv. |
| 0 | Modified by laws 23 May 2003 # 33 (ikr. 1 June 2003 ifg res. 23 May 2003 # 624), 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936), 19 June 2015 # 65 (ikr. 1 oct 2015). |
The design right cannot be achieved for those moves by a product's appearance
| 1. | which are only determined by technical function, or |
| 2. | which must be rendered in precise form and dimension for the product to be able to be connected mechanical to or be placed in, around or against another product, so that both products fill their function. |
Designs can still be achieved for the design of mutual removable products that can be built or connected in various ways in a modular system.
The design court implies that no one can take advantage of the design without consent from the holder of the design court (the design holder), with the exceptions that follow by Section 10 to 12. Such exploitation applies especially that to work, outbid, bring in revenue, introducing, carry out or use a product that the design is part of or uses on, as well as saving a product with purpose as mentioned.
The design court includes any design that does not give the informed user a different health impression. At the assessment of the scope of the design court, it shall be taken into consideration how great the freedom designer had at the development of the design.
The design court is not an obstacle to the design
| 1. | exploited in private and non-commercial eye with, |
| 2. | exploited for experimental purposes, or |
| 3. | rendered with the purpose to quote or teach, provided that the action is in compliance with good business custom and not in unreasonable degree damages the normal utilization of the design, as well as that the source is provided. |
The design court is not an obstacle to
| 1. | utilization of equipment on ships and aircraft that belong in a different state, if the vessel is stalling here in the country, |
| 2. | introduction to Norway of spare parts and accessories for repair of such vessels as well as review of repairs. |
The design court is not an obstacle to the exploitation of design protected products that are brought in revenue within the EPS of the design holder or with dennes consent.
Part ArticleAn application for registration of design shall be provided in writing to the Patent Board.
The application shall specify the applicant's name and address, the product or products that the design applies, and contain images that clearly show the design.
If the applicant also delivers a model of the design before it is recorded, it is the model that should be considered to display the design.
The application is to specify who has produced the design. The designer's name is to be introduced into the design register. Whether the design is a result of a collaboration between multiple designers in a group, an indication of the group's name may replace the appeal of each designer.
The application shall in addition meet the requirements determined by the King by regulation. It shall be paid due fee.
An application for registration of design cannot be changed to apply to a different product than indicated in the application. The design of an application can only be changed if the design in modified shape retains its identity and meets the terms of registration.
An application may include more than one design if the products that the designs apply belong to the same class after the Locarnodeal 8. October 1968 about international classification of design.
The one that has filed an application for the protection of design in Norway or in a state attributed to the PariConvention 20. March 1883 on the protection of industrial property rights or deal 15. April 1994 about the creation of the World Trade Organization (WTO-deal), and which within six months after this searches for the design right here in the country, may require the new application to be deemed to be delivered at the same time as the first application.
The one that has shown a design on an official or officially recognized international exhibition as mentioned in the Convention 22. November 1928 about international exhibits, and which within six months after this apply for the design right here in the country, may require the application to be deemed filed on the day that the design first was shown at the exhibition.
The king can at regulation determine closer terms for the right to demand priority. The king can also determine that priority can be required in other cases than mentioned in the first and other clause.
The Patent Board shall see that the application meet the requirements in Section 13 to 15. The Patent Board shall also impose on the application for a design as mentioned in Section 2 1, and that the terms of Section 7 first clauses are met.
In the extent that it is determined in the regulation determined by the King, the Patent Board is due to request from the applicant as well as examining whether there are other conditions that can prevent the design right, and in case the orient the applicant of it. For the examination, it shall be paid a charge.
If the application meets the terms mentioned in Section 17 first clause, the design shall be registered and registration letters are sent to the applicant. The registration of a design shall be announced.
The registration can still be postponed until six months from the day that is mentioned in Section 3 other clause, if the applicant asks for it in the application.
Part Article SECTION 19. Patch of the applicationIf the application does not meet the terms mentioned in the Section 17 first clause, the Patent Board shall provide the applicant's message on this and inform whether the effects the diversity can get. The seeker shall be given a reasonable due date for statement and about possible correction of the diversity.
Whether the diversity is being fixed within the deadline that the Patent Board is putting, the application should be counted as filed on the day when it came in to the Patent Board. The application still does not count as filed before images or model of the design has entered to the Patent Board.
If the applicant has not stated or corrected the diversity of the deadline, the application shall be addressed.
The treatment of a filed application shall be resumed if the applicant speaks or correces the diversity within two months after the expiration of the deadline. It shall be paid due fee. The treatment of an application can only be resumed once.
If the application has been missing that are not corrected by the rules in Section 19, the design cannot be registered in modified form after Section 14 different period, the application shall be denied. This does not apply if the Patent Board finds that the applicant should be given a new due date for correction.
Part ArticleAny one can from and with the application day require visibility in the application of attachments and all documents in the case, if nothing else is determined in another to the fifth clause.
The visibility cannot be required in documents that may reveal the design's appearance, before the design is registered after Section 18. When six months have passed from the day that is mentioned in Section 3 other clauses, the documents should be public even if the design is not registered. Is the application dropped or declined, applies to the court only if the applicant asks for resumption, complaints of the decision or requires satisfaction.
If the applicant requires it, the documents that may reveal the design's appearance may be public earlier than what follows by other clause.
The details of business secrets can be exemptly from public if the applicant requires it. When such claims are filed, the information will not be public until the requirement is finally declined. Information that has meaning for whether the design right can be achieved or for the design court's scope or duration cannot be exemptly from public.
Document as the Patent Board has worked out for its own internal case preparation, can be exempting from public.
An applicant who invoke the design application of someone else before the design has become widely available, shall by request let the person to get to know the documents in the application.
The one that at direct inquiry or in ads or otherwise has made it known to outsiders that it is applied for or given design right, without specifying the applications or registration number, shall without unnecessary stay after prompt enlighten the number. The person who has provided information that may give the impression that it is applied for or given design right should without unnecessary stay after prompt enlighten whether the design has been registered or filed.
The design registration applies to it or the periods of five years as the application has been filed for, the rain from the application day. Registration that applies for a shorter period than twenty-five years can be renewed for further five-year periods to coincide twenty-five years. Each period runs from the exit of the previous period.
The registration applies to the maximum of five years for a design to a bestand that is used to repair a composite product to give it back its original look (spare parts).
Demand for renewal is provided in writing to the Patent Board at the earliest one year before and the latest six months after the registration material's expiry. It shall be paid due fee. The claim of renewal has been filed after the expiration of the registration period, it shall be paid an additional savi.
The payment of the renewal tax with the indication of the design of the design of the frills in the first clause shall be deemed a requirement for renewal.
The renewal of a registration shall be introduced into the design registration and announcements.
A design registration shall be completely or partially repeatable by the Patent Board or feels invalid by a court following the provisions of Section 26 to 28, whose design does not meet the terms in Section 2 to 8. If the design is registered for someone who does not have the right to the design, the registration shall be repeates after the provisions of Section 26 and 27, or be transferred to the right holder after Section 29 and 30.
The registration cannot be repealifted or feels invalid on the basis that the design holder only has the right to a share of the design.
Demand for administrative overtrial can be enhancing by any as long as the registration consists, if nothing else is determined in other and third joints.
A requirement for administrative overtrial can only be enhancing by
| 1. | the one claiming to have the right to the design, if the claim is due to the design holder does not have the right to the design. |
| 2. | the one seeking whether or has the older privilege, if the claim is due to the registration violation of the rights mentioned in Section 7 other and third joints. |
| 3. | The ministry or of that person or the organ that is enriched by the use, if the claim is due to the registration violation of rights mentioned in Section 7 first clause 2. |
Is the requirement due to the fact that the design holder does not have the right to the design, it must be put forward only one year after the one that promotes the claim, received knowledge of the registration and the rest conditions that the claim builds on. Were the design holder in good faith when the design was recorded, or when registration was transferred to the design holder, the claim cannot be promoted later than three years after the registration or transfer.
The first to third clause applies to the equivalent of lawsuits of invalidity.
Search targets for invalidity can also be raised after registration has been dropped, or after it is waived on registration. The person who raises lawsuits in such cases must have legal interest in the case.
If the claims of administrative overtrial claim that the design holder does not have the right to the design has been promoted for the Patent Board within the third clause, lawsuits can be filed within two months after the day of the Patent Board of the Patent Board final decision was sent the person party.
| 0 | Modified by law 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936). |
A requirement for administrative overtrial shall be provided in writing to the Patent Board and
| 1. | provide the name and address of the person who has filed the claim, |
| 2. | specify the registration and optionally which design in the registration required over-tried, |
| 3. | specify what reasons the claim builds on, and |
| 4. | contain necessary documentation of conditions that invoke support for the requirement. |
The requirement shall in addition fulfill those terms determined by the King by regulation. It shall be paid due fee.
If the requirement does not meet the terms of the first clause and Section 26, the Patent Board shall provide a reasonable due date for statement and about possible correction of the diversity. The shortcomings are not fixed within the expiration of the deadline, the requirement shall be dismissed unless the Patent Board finds that it should be given a new due date for correction.
Is the requirement for the oversampling of others other than the design holder, the Patent Board shall soon provide the design holder's message about the requirement with a reasonable deadline for statement.
Is it filed two or more demands for the overtrial of the same registration, the Patent Board can merge the cases together to one case if it does not provide a mainly due objection against this.
The Patent Board can take into account conditions that have not been touched in the claim of overtrial. Is a requirement for overtrial withdrawn, the Patent Board may continue the treatment of the case if there are very specific reasons. The clause here applies only to so far it is unily with Section 26 other clauses.
Any can require visibility into the documents in case of administrative overtrial. The provisions of Section 21 fourth and fifth joints apply accordingly.
The registration of a design may be repeatable partly by the Patent Board if the design in modified shape retains its identity and meets the terms of registration, and the design holder has requested or consented to the change.
The registration of a design can on the same terms is partly invalid by a court.
The modified design is introduced into the design registration, and new registration letter is sent the design holder. Message about the change with images of the design in changed form should be announced.
The one in case of administrative overtrial allowance to have the right to a design registered for another may require registration to be transferred instead of repealing.
Allowance someone to have the right to a design in an application has been filed by another, the Patent Board shall transfer the application. The one that the application is transferred to will be paying new applications adsavantoxin.
Finds the Patent Board a question as mentioned in the first and other clause questionable, the one claiming to have the right to the design, is encouraged to travel lawsuits within a reasonable deadline. If lawsuits will not be erected by the deadline, the Patent Board can put the claim out of consideration. The person who has been promoting the claim is to be made aware of this.
The one claiming to have the right to a design in an application filed by another, or a design registered for another, can travel lawsuits for the courts about the transfer of the application or registration. Search targets about the transfer of a registration must be raised within the deadline of Section 26 third clause, jf. sixth clause.
Has the one being fracerated a registration after Section 29 or 30 in good faith started taking advantage of the design here in the country or made extensive preparations for this, the person may continue or begin the exploitation against affordable settlement and on reasonable terms by the way. This dish applies to the same terms for the holder of registered licenses.
Rights after the first clause can only go over to others with that business where the court has been arisen, or where the exploitation was meant to happen.
In case of the Patent Board of Transfer of an application, the Patent Board cannot change, enlay, decline, or grant the application until the case of transfer is finally settled. The case of the case of the case of a design in a registration, the registration cannot be repeachanged, changes or deleted before the mentioned time.
Are there raised lawsuits for the courts of the court to the design, the Patent Board shall suspend the handling of the case of registration, raising or transfer until the lawsuit is judicial-determined. Are there raised lawsuits for the issue of invalidity, the Patent Board shall suspend the treatment of case of uptake until mentioned time.
The person who has promoted claims of administrative overtrial cannot travel lawsuits for invalidity or transmission while the case is ongoing for the Patent Board.
If a registration of a design, a renewal or a change of a registration has occurred at an apparent error, the Patent Board of its own measures can be completely or partially repeatable.
The holder of the registration shall be issued message with reasonable due date for statement before raising takes place.
The registration shall be deleted from the design registration after the expiration of the registration period if it is not renewed, cannot be renewed or if the design holder promotes a written requirement of deletion.
Are there raised lawsuits about the transfer of registration or taken issue in the design court, the registration may not be deleted after claims from the design holder until the lawsuit is judicial settled, or the post has been dropped away.
Is it promoting the administrative overtrial requirements of a registration or raised lawsuits on the indation or transfer of a registration, this is to be introduced into the design registration and announcements. When the case is finally settled, the outcome shall be introduced into the design registration and the announcement.
The rise of a registration after Section 33 and deletion of a registration after Section 34 shall be introduced into the design registration and announced.
Right to continued exploitation after Section 31 is to be introduced into the design registration and announced if one of the parties asks for it.
The decision in the Patent Board of a Design Application or a requirement that an international design registration shall have effect in Norway can be incurred by the applicant of the Joint Rights Council (KlaenBoard) if the decision has gone the applicant.
The decision of a case of administrative uptake after Section 25 can be incurred to the KlaenBoard of the party that the decision has been opposed. Will a claim after Section 29 about the transfer of an application or registration granted, the decision can be made to the KlaenBoard of the applicant or the design holder.
The decision to undo an introduction after Section 33 can be scratched to the KlaenBoard of the holder.
The decision to reject or refuse a requirement for
| 1. | resumption after Section 19 fourth clause, |
| 2. | exception from public after Section 21 fourth clause, 27 sixth clause and 38 fifth joints, |
| 3. | visibility into documents in cases by law here, |
| 4. | renewal of a design registration after Section 24, or |
| 5. | that a case should be taken during treatment after Section 50, |
can be incurred to the KlaenBoard of the person who has protested the claim.
Other decisions on the Patent Board cannot be incurred.
| 0 | Changed by laws 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3, 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
A complaint must be filed in writing to the Patent Board within two months after the day when the message of the decision was submitted to the person. The complaint shall specify
| 1. | the clone's name and address, |
| 2. | the decision that it clages over, |
| 3. | what change to be desired in the decision, and |
| 4. | what reasons the complaint builds on. |
The complaint shall in addition fulfill those terms determined by the King by regulation. Fastset clagetax is to be paid.
Other parties in the case shall immediately be issued notice of the complaint with a reasonable deadline for the statement.
Are the terms of treating the complaint met, the Patent Board may undo or change the decision if it finds it clear that the complaint is due. If it does not hit such decision, the case of the ticket shall be submitted to the KlamenBoard. Provides the Patent Board a statement to the Klaentopic, a copy is to be sent to the parties.
If the terms of processing the complaint have not been met, the complainant shall be given a reasonable deadline for statement and about possible correction of the diversity. The shortcomings are not fixed within the expiration of the deadline, the complaint shall be dismissed unless the KlaenBoard finds that it should be given a new due date for correction.
The Tas complaint under treatment, the KlaenBoard shall conduct the investigations that the complaint provides reason for. It can take into account conditions that have not been touched in the complaint. The complaint has been withdrawn, the KlaenBoard may continue the treatment of the case if there are fair reasons. The clause here applies only to so far it is unily with Section 26 other clauses.
Anyone can claim visibility into the documents in the complaint case. The provisions of Section 21 fourth and fifth joints apply accordingly.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
A decision can only be brought in for the courts if the claret after Section 36 has been used, and the KlaenBoard has definitely filed the complaint. Previous period does not touch the right to travel lawsuits of invalidity or transfer after Section 25 and 30.
The decision in the Complaints Board of the complaint can be brought in for the courts of the party that the decision has opposed, if not otherwise follows by third clause. Search targets must be erected within two months after the day when the message of the decision was submitted the person. Illumination on the search for the applicant is to be taken into the message of the decision. Search targets are directed against the state by the Board of the KolaenBoard.
The decision in the KlaenBoard of the case of administrative transfer of an application or registration cannot be brought in for the courts. The same applies to the decision in which the KlaenBoard rejects or declines a claim of administrative raising, or maintains a decision from the Patent Board of rejection or refusal.
| 0 | Changed by laws 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936), 22 June 2012 No. 1 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
The person who has done intervens in someone else's right after this law, or co-worked until it, can at the verdict of the act to repeat the act. The person who has made material preparation with aim to carry out an action that will constitute intervenor otherwise has been performing so that there is particularly reason to fear that the person will do any intervention, can by judgment foreys to conduct the action.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
For intentional or involuntary design interventions, the attacker shall pay to the rights holder :
| a) | Equivalent to a reasonable license fee for the exploitation, as well as damages for damage as a result of the procedure that would not have occurred at licensing, |
| b) | damages for damage as a result of the procedure, or |
| c) | -Equivalent to the gain gained by the procedure of the procedure. |
Vederlag and damages are determined after that of the base teams in the letter a to c that are favourable for the rights holder.
Is it acted intentional or aggravated negligent should the attacker, if the rights holder demands it, instead of settlement and compensation determined after the first clause, paying no-charge would be responding to the double of a reasonable license fee for the exploitation.
The first and second clause is applicable to the equivalent of complicity.
For interventions that have occurred in good faith, the attacker, in the extent that it does not appear as unreasonable, pay the equivalent of a reasonable license fee for the exploitation or to the winning achievement achieved by the procedure.
The responsibility of the responsibility for the first to third clause can be imptes after law 13. June 1969 No. 1 26 about damage substitution Section 5-2.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
In order to prevent intervention, the court in the span can be reasonably provided, providing the injunction of preventive measures for products that constitute design procedures and for materials and aids that are mainly used, or intentional used, to poruse such products. Such cuts can among other things go out that products and materials and aids should :
| a) | recalled from the trade, |
| b) | definitely removed from the trade, |
| c) | destroyed, or |
| d) | issued to the rights holder. |
The decision of whether measures shall be placed and the choice between possible measures should be taken out from a relationship-signing assessment. It should be taken into account for the purposes of the branch's seriousness, the effects of the measures and third-party interests.
The first clause applies to the equivalent in cases as mentioned in Section 39 a second period.
The roof of the paragrafen here shall not be conditioned by the rights holder to the rights of the added corrects against, and does not affect the rights of the rights of the rights of the rights of any settlement or damages after Section 40. The roof is to be carried out for the plaintiffs bill if not honest reasons speak against it.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
Instead of determining measures after Section 39 a and 41, the court can reach full-straight reasons is, give permission for the exploitation of the design of the design court's validity or part of this against reasonable settlement to the rights holder and on fitting terms of the way. Such permission can only be given to the person who has acted in the tactics of good faith.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
In judgment in case of intervention, the court can decide that information about the verdict should be conveyed in appropriate manner for the intervention of the intervention. This applies to the equivalent of the involvement of intervening and in cases as mentioned in Section 39 a second period.
| 0 | Added by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
Exploit some without the consent of the applicant a design that has been filed, and happens exploitation after the documents that show the design have become public after Section 21, but before the announcement of registration, Section 39 a, Section 40 first to third and fifth clause, Section 41, 41 a and 41 b equivalent if the application leads to registration.
The statute of limitations for claims after this determination does not begin to run until the design is registered.
| 0 | Modified by law 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
In civil cases on design intervention, it can only be built on that registration is invalid or can be transmitted after the provisions of Chapter 5, if first stated judicial judgement for invalidity or transfer, or if the Patent Board has hit final decision on raising or transmission.
The person who commits design intervention is punishable by fines or imprisonment until one year.
If there has been particularly display of circumstances, the penalty is fines or prison until three years. By the assessment of whether particularly display circumstances are present, it shall particularly be placed emphasis on the damage that has been inflicted on the rights holder, herding damage to the rights of rights, the gain that the aggressor has achieved, and the scope of the procedure by the way.
For the violation of this determination, address can be neglected unless public consideration dictates, jf. The penalty process law Section 62 a.
| 0 | Modified by laws 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543), 19 June 2015 # 65 (ikr. 1 oct 2015). |
The one that intentional or negligent has broken the disclosure of the age of Section 22, punishable by fines and shall in the extent that there is reasonably replacing the damage that had to be occurred.
| 0 | Modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The following lawsuits must be raised at the Oslo courthouse :
| 1. | Search targets about the right to a design that has been sought registered by the law here, jf. SECTION 30. |
| 2. | Search targets about the trial of decision struck by the Klaentopic as referred to in Section 39. |
| 3. | Search targets about invalidity or about transfer of a registration, jf. Section 25 and 30. |
| 4. | Civil lawsuit about design procedures. |
The Oslo courthouse is verneying for applicants and designers who do not have residence in Norway.
| 0 | Modified By Promise 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244), 31 May 2013 # 25 (ikr. 1 July 2013 ifg. res. 31 May 2013 # 543). |
The person who raises lawsuits for invalidity or about the transfer of a registration should simultaneously give message about it to the Patent Board as well as in recommanded letters to any license shaver introduced in the design registration with address. A license shaver that raises lawsuits on design intervens shall in the corresponding way give message about this to the one that has been introduced in the design register as the design holder, if the address is indicated in the register.
Documentary the plaintiff does not allow the required messages to be granted, the court can set a deadline for giving the messages. The oversit deadline is due to be dismissed.
The court is to submit the Patent Board printing of Judge in civil case after the law here.
| 0 | Modified by law 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. |
Messages from the Patent Board or the Board of Directing an applicant, design holder, or someone who has required administrative overtrial, always count when they have been submitted to the address that the person has been given to the Patent Board or the Board of the Board of the Patent Board. The address is introduced in the design registration. For applicants and designers who have the deputy, the announcements can be made after the clause here is sent to the deputy.
If the registered address turns out to be incorrect, the message is recorded or a summary in Norwegian Designating with enlightenment that the document can be flock with the Patent Board or the Klamenemden.
Can the discourse or other process uell announcement not happen at the registered address or with the deputy of the deputy, applies to other clauses accordingly to the court. The document is considered to be declared or announced four weeks after the publication of Norwegian Designating.
If an applicant or design holder has otherwise designated an inspector to represent in relation to the application or design registration, the deputy's name and address shall be introduced in the design registration. The same applies if one that requires administrative overtrial has designated a deputy to represent himself in relation to the requirement.
| 0 | Modified by laws 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936), 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
The person facing the Patent Board has overserved a deadline set in or in co-provisions of the provisions of Chapter 2, 4 or 6, and as a result of this has lidt court losses, still get a case taken during treatment if it is well-made that The person himself and optionally the deputy has shown the tactic that with the equitable can be expected. The requirement must be filed in writing to the Patent Board within two months after the obstacle that led to the state of the state of the state of the state of the state of the state, and the latest four months after the deadline. Within the same deadline, the unlatte action shall be made. It shall be paid due fee.
The first clause does not apply to deadlines after Section 16 of priority or the search period after Section 39 other clause different periods.
| 0 | Changed by laws 17 June 2005 # 90 (ikr. 1 jan 2008 ifg res. 26 jan 2007 # 88) that changed by law 26 jan 2007 # 3. 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936). |
The Patent Board leads the design registration and is publishing a time-ending where registrations mv.
Any one has the right to see the design registration and get confirmed printing of it. For transcripts, it shall be paid a charge.
For copies of documents that are public by the law here, it shall be paid a charge.
The tax rates for not confirmed transcripts and copies should be determined so that the intersearching revenue is not greater than the actual cost of the information by the information, with the addition of a reasonable profit.
| 0 | Modified by law 26 March 2010 # 8 (ikr. 1 July 2010 ifg. res. 25 June 2010 # 936). |
The king can at regulation give closer regulations to padding and review of the law here. The king can among other things to give provisions about
| 1. | The extent of the Patent Board's examination of applications, |
| 2. | international applications and registrations, |
| 3. | the length of deadlines by the law, |
| 4. | share and merge of applications and registrations, |
| 5. | transfer of and visibility into the design registration, and |
| 6. | tax rates and tax payment. The king can be herhering to determine fees for sharing and merging applications and registrations. |
A design holder can give a different right to take advantage of the design (license). The license holder can't overpass the court on, unless the deal with the design holder gives the right to this.
The licence of the license in a business, it can be dragged along with the business if nothing else is agreed. The person who overpulls the business is still responsible for the license agreement being met.
A license shall be introduced in the design registration and announced if one of the parties asks for it. The same applies if a registered licence has been overhauled or intercepted.
Search targets that apply to a design registration can always be raised against the one that stands as holder in the design registration, and messages that the Patent Board shall provide the design holder can always be sent to this one.
Is a design right overhauled to another, this is to be introduced into the design registration and announced if one of the parties is asking for it. If some of the designs in a samregistration after Section 15 have been overhauled, the attraction can only be introduced into the design registration and announced if the design holder requires sharing of registration. For such sharing, it shall be paid a charge.
The design of the Design Court shall be introduced into the design registration and announced after message from the namessauthorities.
Volunting the transfer of a design registration or issuance of license that has been entered into registration, runs in the collision case in front of the transfer or issuance of license that is not or first subsequently will be entered into registration, if The rights of the rights of the subject were in good faith.
| 0 | Modified by law 23 jan 2015 # 4 (ikr. 1 July 2015 ifg. res. 12 May 2015 # 494), see its VII. |
With an international design registration, the registration of design has been made by the International Bureau of the World Organization for intellectual property rights (WIPO) on the basis of the Geneva Agreement 2. July 1999 to the Haagavsten 6. November 1925 about international registration of design.
The Patent Board is the registration authority in Norway in cases of international design registration.
Ikr 17 June 2010, see Section 62.
The person who is a Norwegian citizen or is settled or operates business in Norway can apply for international registration of design by indelivering application of it to the Patent Board or the International Bureau.
The application shall meet the requirements determined in the Geneva agreement.
When an application for international design registration has been filed to the Patent Board, the Patent Board shall submit the application of the International Bureau within the deadline that has been determined by regulation. For such oversentation, it shall be paid a charge.
Ikr 17 June 2010, see Section 62.
When the Patent Board gets message from the International Bureau of Claims from the holder that an international registration should have effect in Norway, the Patent Board shall examine whether registration applies to a design as mentioned in Section 2 # 1, and about the terms of Section 7 first clauses are met.
Are the terms not met, the Patent Board shall completely or partly refuse to give the international registration effect in Norway. The battle must be reported to the International Bureau within the deadline that has been determined by regulation.
By refusal, the holder of the international registration on those terms determined by regulation demand that the Patent Board is conducting a renewed assessment of the question of whether the international registration should have effect in Norway.
Are the terms met, the Patent Board shall impose the international registration in the design register and announce that it has effect in Norway.
For the Patent Board's treatment of claims that an international registration should have effect in Norway, Section 19 and 50 equivalent. If the international design holder has invoked priority, Section 16 applies.
Ikr 17 June 2010, see Section 62.
| 0 | Modified by law 22 June 2012 # 58 (ikr. 1 apr 2013 ifg. res. 1 March 2013 # 244). |
An introduction to the design registrar that an international registration has effect in Norway has the same effect as if the design was registered here in the country. The introduction has effect from the day registration at the International Bureau is considered to have happened.
Up until the international registration has been introduced in the design register and announced after Section 57 fourth clause, the registration has the same effect as an application for design registration in Norway. Exploit any design without consent from the international design holder, and happens exploitation after the international registration is announced by the International Agency, Section 39 a, Section 40 first to third and fifth clause and Section 41, 41 a and 41 b equivalent if registration later is introduced into the design registration. The statute of limitations for claims after this clause does not begin to run until the registration is introduced in the design registration.
The introduction can be renewed after the provisions of the Geneva Agreement. When the Patent Board is given message from the International Bureau of Innovation of an international registration, this is to be introduced into the design registration and announcements.
An introduction to the design registrar that an international registration has effect in Norway can be repeates, is invalid, transmitted or deleted after the provisions of Chapter 5. The rise of Section 33 must happen within the deadline determined by regulation.
Ikr 17 June 2010, see Section 62.
| 0 | Modified by law 9 May 2014 # 16 (ikr. 9 May 2014 ifg res. 9 May 2014 # 625). |
If an international registration hero or partially ceases to apply, the same time ends its impact in Norway in the same extent. This is to be introduced into the design registration and announced.
Ikr 17 June 2010, see Section 62.
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Part Article SECTION 61. Other lovencles----
Part Article SECTION 62. Ipowerset and transition regulationsThe law applies from the time the King decides. 1 The king can put in effect the individual regulations at different times.
The design law also applies to the design that has been registered or filed before the law took place in effect, with the exceptions following the paragrafen here.
For applications filed before the law stepped into effect, the prior provisions apply to the content of applications, case management, visibility, complaint and sentencing of clagemaking decisions.
The provisions of Section 4 and 8 do not apply to the design recorded or searched before the law stepped into effect. The trial of the Patent Board or the courts of a registration made on the basis of the previous provisions is happening on the basis of these regulations.
If someone before the law stepped into force exploited a design in a way that did not require consent from the design holder after the prior regulations, but requiring such consent after the law here, the person can continue the exploitation without the obstacle of the new regulations. Same right has the one that had made essential preparations to take advantage of the design.
| 1 | From 1 May 2003 ifg. res. 4 apr 2003 # 417 except Chapter 10 about international design registration. Ifg. res. 14 May 2004 # The 748 shall Chapter 10 apply from the same time as the Geneva Agreement 2. July 1999 to the Haagavsten 6. November 1925 on international registration of design becomes ikr for Norway. By res. 9 apr 2010 # The 497 are chapter 10 set kir. 17 June 2010. |
