Law on the Protection of Design (Design Act)
Affairs Ministry of Justice
LOV-2015-01-23-4 from 07.01.2015, LOV-2015-06-19-65 from 10/01/2015
Published in 2003 Booklet 4
Effective 05/01/2003, 17/06/2010
Designs Act - dsl.
Chapter 1. General provisions (§§ 1-12)
Chapter 2. Application for Registration of Industrial Designs (§§ 13-20)
Chapter 3. Public access and disclosure (§§ 21-22) | || Chapter 4. Design Registers Ring validity (§§ 23-24)
Chapter 5. Judicial and invalidity etc. (§§ 25-35)
Chapter 6. Appeals etc. (§§ 36-39)
Chapter 7. Compensation and punishment mm (§§ 39 a - 45)
Chapter 8. Judicial Provisions (§§ 46-48)
Chapter 9. Miscellaneous Provisions (§§ 49-54)
Chapter 10. International design registration (§§ 55-59)
Chapter 11. Final provisions (§§ 60-62)
Ref. EEA Annex XVII. 9b (Directive 98/71 / EC) on the legal protection of designs. Ref. Earlier law on 29 May 1970 no. 33 on pattern.
Chapter 1. General Provisions
§ 1. Exclusive design Whoever has provided a design (designer), or the designer's right has been transferred to, may at registration obtain the exclusive right to use the design under the provisions of this Act (design right).
Registration of a design does not preclude protection under other legislation if the conditions for protection under other legislation are met, including protection under trademark law, copyright law and patent law.
§ 2. Definitions In this Act understood with
Design: the appearance of a product or part of a product as particularly required by the characterizing features of the lines, contours, colors, shape, structure or material of the product or ornamentation.
Product: an industrially or handicraft made object, including parts which are intended to be incorporated in a complex product, packaging, equipment, graphic symbols and typographic typefaces, but not computer programs.
Composite product: a product consisting of several components which can be replaced, so that the product can be taken apart and reassembled.
§ 3. Novelty and individual character Design Right can only be achieved if the design is new and has individual character.
A design considered new if no identical design has been widely available before the date the application was filed (application date) or before the priority date, if it is invoked priority under § 16. A design shall be considered as identical to another design if the characterizing features only differ in material respects.
A design is considered to have individual character if the overall impression design gives the informed user differs from the overall impression that user gets the other design that has been widely available before the date mentioned in the second paragraph. In assessing whether the design has individual character, consideration shall be given to how much freedom the designer had in developing the design.
§ 4. Structured products design of a component of a composite product is considered only to be new and have individual character to the extent
Component is visible during normal use of the composite product, and
The visible part of the component meets the conditions of novelty and individual character.
With normal use means the end user's use of the composite product, except for maintenance, servicing or repair of the product.
§ 5. of the design general availability A design is widely available under this Act if it has been made public by registration or otherwise. The same applies if the design has been exhibited, commercially exploited or become known otherwise.
The design is still deemed not to have been widely available if
Curriculum within the sector in the EEA through its normal business activities could not reasonably have known of design through circumstances mentioned in subsection before the date of application or before the priority date, if it is invoked priority under § 16 or
Others have learned of the design under an implicit or explicit condition of confidentiality.
§ 6. Actions that do not destroy the novelty (new deadline) design is deemed not to have been widely available in accordance with § 5 if the earliest twelve months before the date mentioned in § 3, second paragraph, is made widely available
By the designer or the designer's right has been transferred to,
By others on the basis of statements made or actions undertaken by the designer or the designer's right has been transferred to, or
As a result of abuse in relation to the designer or the designer's right has been transferred to.
§ 7 Designs contrary to the public interest and the rights of others A design can not be registered if it
Contrary to public order or morality, or
Without permission contain a weapon or other characters that are covered by the Penal Code § 165 letter b and § 166, a state flag or a public control or guarantee mark for products of the same or similar kind as products design applies or which is suitable to be perceived as such a sign, flag or mark.
Design Straight can not be achieved if the design collide with a design in a previous application for a design right in this country that was not widely available before the application date for the new application or before the priority date, if it is invoked priority under § 16, but is being done public at a later date.
Design Straight can not be achieved if the design infringes another's right in this country to
A trade dress, company or other business characteristics,
A work or a photographic image, or
A designation protected by regulation under the Act 17 June 1932 No.. 6 for quality control of agricultural products etc.. or by law 19 December 2003. 124 relating to food production and food safety.
§ 8. Design that is determined by the technical function Designs Straight can not be achieved for the features of a product's appearance
Which is only determined by the technical function, or
Which must be reproduced in exact form and dimension of the product to be mechanically connected to or placed in, around or against another product so that both products fulfills its function.
Design Law may nevertheless be obtained for the design of mutually interchangeable products that can be embedded or linked together in different ways in a modular system.
§ 9. Design Court content and scope Design course means that no one can use the design without the consent of the holder of the design right (the holder), with the exceptions that follow from §§ 10 to 12. Such utilization apply in particular to manufacture, UTBY, bringing in sales, import, export or use a product design incorporated or applied, as well as the store a product with the purposes stated.
Design course include any design which does not give the informed user a different overall impression. In assessing the scope of the design right shall be taken of how much freedom the designer had in developing the design.
§ 10. Exemption from design right Design right does not preclude design
Exploited for private and non-commercial purposes,
Used for experimental purposes or
Reproduced for the purpose of quoting or teaching, provided that the action is in accordance with good business practice and do not unreasonably prejudice the normal exploitation of the design, and that the source is stated.
§ 11. The equipment on ships and aircraft design right does not preclude
Utilization of equipment on ships and aircraft belonging to another state if the vessel is temporarily in this country,
Introduction to Norway of spare parts and accessories for the repair of such vessels and carrying out repairs.
§ 12. Exhaustion of design right Design right does not preclude the use of design-protected products that are placed on the market within the EEA by the holder or with his consent.
Chapter 2. Application for registration of design
§ 13. Application for registration An application for registration of a design shall be filed in writing with the Patent Office.
The application must state the applicant's name and address, product or products that the design applies and contain pictures that clearly show design.
If applicant also submits a model of the design before it is registered, the model shall be considered to show design.
The application must state who has produced design. The designer's name shall be entered in the Design Register. If design is the result of a collaboration between several designers in a group, an indication of the group's name to replace the indication of each designer.
The application shall also fulfill the requirements laid down by the King in regulations. Shall be paid the prescribed fee.
§ 14. Amendment of application An application for registration of a design can not be changed to include another product named in the application. The design of an application can only be changed if the design in an amended form retains its identity and fulfills the conditions for registration.
§ 15. Application for registration of more than one design (multiple registration) An application may include more than one design if the products designs in question, belonging to the same class according to the Locarno on 8 October 1968 on international classification of designs.
§ 16. Priority Anyone who has filed an application for protection of design in Norway or in a State party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or 15 April 1994 establishing the World Trade Organization (WTO Agreement) and that within six months of this applicant for design right in this country, may require that the new application shall be deemed filed while the initial application.
Whoever has showcased design at an official or officially recognized international exhibition as mentioned in the Convention on 22 November 1928 on international trade, and that within six months of this applicant for design right in this country, may require the application to be considered as filed on the day on which the design was first showcased at the exhibition.
King may by regulations lay down further conditions for the right to claim priority. The King may also provide that priority may be claimed in cases other than those referred to in subsections.
§ 17 Conditions for registration Patent Office shall ensure that the application meets the requirements of §§ 13 to 15. The Patent Office shall also ensure that the application concerns a design referred to in § 2, no. 1, and that the requirements of § 7 first paragraph fulfilled.
To the extent provided in regulations made by the King, the Patent Office at the request of the applicant as well as examine whether there are other conditions that may prevent design right, and in case inform the applicant about it. For the survey shall be paid the prescribed fee.
§ 18. Registration and publication If the application meets the conditions mentioned in § 17, first paragraph, the design is registered and registration letter sent to the applicant. Registration of a design shall be published.
Registration can be postponed for up to six months from the day referred to in § 3, second paragraph, if the applicant so requests in the application.
§ 19. Correction of application If the application does not fulfill the conditions mentioned in § 17, first paragraph, the Patent Office shall notify the applicant of this and inform about the impact deficiencies can get. The applicant shall be given a reasonable deadline for a statement and make any necessary corrections.
About defects are corrected by the deadline Patent Office, the application shall be considered filed on the date when it came into the Patent Office. Applications are however not considered filed until photo or model of the design has been received by the Patent Office.
If the applicant has not spoken out or corrected deficiencies by the deadline, the application shall be dismissed.
Procedure on an abandoned application shall be resumed if the applicant states or corrects the deficiencies within two months after the expiry of the deadline. Shall be paid the prescribed fee. The processing of an application may only be resumed once.
§ 20. Refusal If your application has deficiencies are not corrected in accordance with § 19, and the design can not be registered in an amended form in accordance with § 14, second sentence, the application shall be rejected. This does not apply if the Patent Office finds that the applicant should be given a new deadline for correction.
Chapter 3. Publicity and disclosure
§ 21 Access to documents in the application case Any person may from the date of application require access to the application with attachments and all documents in the case, unless otherwise provided in the second to fifth paragraphs.
You can not claim access to documents that could reveal appearance of the design before the design is registered pursuant to § 18. When six months have passed since the date referred to in § 3, second paragraph, the documents be made public even if the design is not registered. If the application is abandoned or refused, the right of access only if the applicant requests reinstatement, complaints about the decision or require redress.
If the applicant so requests, the documents may reveal appearance of the design be made public earlier than is required by subsection.
Details of trade secrets may be exempted from public disclosure if the applicant requests it. When such a claim is filed, the information is not public before the claim is finally rejected. Information relevant for the design right can be achieved or design court scope or duration, can not be exempted from public disclosure.
Documents Patent Office has drawn up its own internal preparation may be exempted from public disclosure.
§ 22. Obligation to provide information for the design increases Applicant invokes the design application against another before the design has been widely available, on request let that person become familiar with the documents in the application.
Whoever by direct inquiry or advertisements or otherwise made it known to outsiders that has been sought or given design right, without providing the application or registration number, shall without undue delay upon request disclose the number. Whoever has provided information which may give the impression that it has been applied for or granted design right shall, without undue delay upon request disclose the design is registered or sought registered.
Chapter 4. Design Registers Ring validity
§ 23. Registers The duration of design registration is valid for the person or periods of five years to which the application is filed for, counting from the date of application. Registration applicable for a period shorter than twenty five years renewable for additional periods of five years to a total twenty five years. Each period shall run from the end of the previous period.
Registration is valid for a maximum of five years for a design of component parts used to repair a complex product to give it back its original appearance (spare parts).
§ 24. Renewal of registration requirements for renewal filed in writing with the Patent Office earlier than one year before and not later than six months after the registration period. Shall be paid the prescribed fee. If the request for renewal is filed after the expiration of the registration period, shall be paid an additional fee.
Payment of the renewal fee, accompanied by a design's registration within the time limits in the first paragraph shall be considered as a requirement for renewal.
The renewal of a registration shall be entered in the Design Register and published.
Chapter 5. Judicial and invalidity etc.
§ 25. Administrative review and judicial review A design registration shall fully or partially repealed by the Patent Office or declared invalid by a court under the provisions of §§ 26 to 28, if the design does not meet the terms of §§ 2 to 8. If the design is registered for someone who does not have right to the design, shall be canceled under the provisions of §§ 26 and 27, or transferred to the rightful holder pursuant to §§ 29 and 30.
registration can not be revoked or declared invalid on the basis that the holder has only the right to a portion of the design.
§ 26. Deadlines and requirements for scissors connection An administrative review may be submitted by any period of registration, unless otherwise provided in subsections.
A request administrative review can only be submitted by
Whoever claims to have the right to design, if the claim is substantiated by the applicant does not have the right to design.
The applicant for or have the older rights, if the claim is substantiated with the registration infringe rights mentioned in § 7 second and third paragraphs.
Ministry or of the person or body affected by the use, if the claim is substantiated with the registration infringe rights mentioned in § 7, first paragraph. 2.
If the claim on the grounds that the applicant does not have the right to design, it must be brought within one year after the claimant became aware of the registration and the other conditions to which the claim is based. Was the holder in good faith when the design was registered or when the registration was transferred to the holder can claim not be brought later than three years after the registration or transfer.
First to third paragraphs apply correspondingly to legal proceedings concerning invalidity.
An action for invalidity can be brought even after the registration has lapsed, or after being waived registration. The traveling lawsuits in such cases, must have a legal interest in the case.
If requests for administrative review, alleging that the applicant does not have right to the design is submitted to the Patent Office within the time limit in subsection actions for the issue is raised within two months after the day the notification of the Patent Office's final decision was sent to the party.
§ 27. Submission and processing of requests for administrative review A request for an administrative review shall be filed in writing with the Patent Office and
Provide the name and address of the person who filed the request,
State registration and possibly the design registration that is requested,
State which grounds for the demand, and
Include the necessary documentation of circumstances cited to support the claim.
Requirement must also fulfill the conditions established by the King in regulations. Shall be paid the prescribed fee.
If the claim does not meet the requirements of subsection and § 26, the Patent Office shall provide a reasonable time for a statement and make any necessary corrections. If the irregularities are not corrected within the time limit expires, shall be rejected unless the Patent Office finds that it should be given a new deadline for correction.
Is the request for review submitted by persons other than the holder, the Patent Office as soon as possible notify the holder of the claim with a reasonable period for comment.
Is it filed two or more requests for review of the same registration, the Patent Office may turn cases into one case unless submitted objectively justified objections against this.
Patent Office may take into account factors that are not affected in the request for review. Is a requirement for a review is withdrawn, the Patent Office may continue the proceedings if special reasons exist. This paragraph applies only insofar as it is consistent with § 26, second paragraph.
Any person may request access to the documents in the case concerning administrative review. The provisions of § 21 fourth and fifth paragraphs, applies correspondingly.
§ 28. Amendment of a registered design registration of a design may be revoked in part by the Patent Office if the design in an amended form retains its identity and fulfills the conditions for registration and the holder has requested or consented to the change.
Registration of a design may Alike feels partially invalid by a court.
The modified design introduced in the Design Register, and new registration letter sent the holder. Notification of change of pictures of the design in amended form shall be published.
§ 29. The right design Whoever in cases concerning administrative review show that it has the right to a design registered to another, may require registration transferred rather than abolished.
Well Does anyone have the right to a design in an application filed by another, the Patent Office shall transmit the application. Whoever application is transferred shall pay a new application fee.
Patent Office finds a matter referred to in subsections doubtful, the author claims to have the right to design, are encouraged to bring an action within a reasonable period. If legal proceedings are not instituted within the time limit, the Patent Office put the statement out of consideration. The person who has submitted the claim should be made aware of this.
§ 30. Proceedings for the transfer of an application or registration Whoever claims to have the right to a design in an application filed by another, or design registered to another, may be brought before the courts for transfer of application or registration. Proceedings regarding the transfer of a registration must be instituted within the time limit in § 26 third paragraph, cf.. Sixth paragraph.
§ 31. Right to continued utilization Has the person being had little faith a record according to §§ 29 or 30 in good faith begun to use the design in this country or made extensive preparations for this, he may continue or begin exploitation against reasonable compensation and on reasonable terms in general. This right applies on the same terms to holders of registered licenses.
Rights under subsection can just walk over to others together with the business in which the court is occurring, or where the exploitation was intended to take place.
§ 32. The ratio of cases to the Patent Office and the courts progress case for the Patent Office on the transfer of an application, the Patent Office may not modify, dismiss, refuse or grant the application before the case for transfer has been finally decided. Case concerns the right to a design in a registration, the registration may not be suspended, modified or deleted before the said date.
Is it instituted proceedings before the courts of the right to design, the Patent Office shall stay the proceedings of a case concerning registration, cancellation or transfer until the lawsuit is legally settled. Is it initiated legal proceedings concerning invalidity, the Patent Office shall suspend the processing of the case for annulment until the said date.
The person who has submitted a request for administrative review may not bring proceedings concerning invalidity or transfer while the case is ongoing NIPO.
§ 33. Repeal of its own motion, if a registration of a design, a renewal or an amendment of a registration happened by an obvious error, the Patent Office on its own initiative fully or partially suspend the introduction.
The holder of the registration must be notified with reasonable notice for comment before repeal takes place.
§ 34. Deletion of registration records shall be deleted from the Design Register after the expiry of the registration period if it is not renewed, can not be renewed or if the holder promotes a written request for deletion.
Is it instituted proceedings concerning the transfer of the registration or made disbursements in design law, the registration may not be deleted at the request of the holder before the lawsuit is legally settled or outlay has lapsed.
§ 35. Introduction to Design Register and publication submitted a claim for an administrative review of a registration or initiated legal proceedings concerning invalidity or transfer of a registration, shall be entered in the Design Register and published. When the case is finally decided, the outcome introduced in the Design Register and published.
Repeal of a registration pursuant to § 33 and deletion of a registration pursuant to § 34 shall be entered in the Design Register and published.
Right to continued utilization under § 31 shall be entered in the Design Register and published if one of the parties requests it.
Chapter 6. Appeals etc.
§ 36. Appeal against decision of the Patent Office decision in the Patent Office of a design application or a requirement that an international design registration shall have effect in Norway, may be appealed by the applicant to the Appeals Committee for industrial property rights (Appeals Committee) if the decision goes against the applicant.
Decision in a case concerning administrative revocation under § 25 may be appealed to the Appeals Committee of the party decision goes against. Being a claim under § 29 on the transfer of an application or registration granted, the decision may be appealed to the Appeals Committee of the applicant or.
Decision to cancel an entry under § 33 may be appealed to the Appeals Committee of the holder.
The decision to reject or deny a claim
Resumption pursuant to § 19 subsection
Exemption from public disclosure according to §§ 21, fourth paragraph, 27 sixth paragraph and 38 fifth paragraph,
Access to documents in cases under this Act,
Renewal of a design registration under § 24 or
A case to be taken under treatment in accordance with § 50,
Can be appealed to the Appeals Committee of the person who lodged the claim.
Other decisions of the Patent Office may not be appealed.
§ 37. Submission of complaint A complaint must be filed with the Patent Office within two months after the date that notice of the decision was sent to the party. The appeal shall state
Complainant's name and address,
Decision being appealed,
The requested changes in the decision, and
What reasons the complaint.
Appeal must also fulfill the conditions established by the King in regulations. Adopted appeal fee must be paid.
§ 38. Treatment of complaint Other parties in the case must immediately be notified of the complaint with a reasonable period for comment.
If the conditions for processing the appeal met, the Patent Office may revoke or modify the decision if it finds that the complaint is justified. If no such decision shall be the documents sent to the Appeals Committee. Provides Patent Office a statement to the Appeals Committee, a copy shall be sent to the parties.
If conditions for dealing with the complaint are not met, the complainant shall be given a reasonable deadline for a statement and make any necessary corrections. If the irregularities are not corrected within the time limit expires, the complaint shall be rejected unless the Appeals Committee finds that it should be given a new deadline for correction.
If the appeal is pending, the Appeals Committee carry out the investigations which the appeal. It can take into account factors that are not affected in the complaint. If the appeal is withdrawn, the Appeals Committee to consider the matter if there are special reasons. This paragraph applies only insofar as it is consistent with § 26, second paragraph.
Any person may request access to the documents in the appeal. The provisions of § 21 fourth and fifth paragraphs, applies correspondingly.
§ 39 court of decisions of the Appeals Committee for IPR A decision can only be brought before the courts if the right of appeal under § 36 has been used and Appeals Committee has settled the complaint. Previous sentence shall not affect the right to bring proceedings concerning invalidity or transfer pursuant to §§ 25 and 30.
decision of the Appeals Committee of appeal may be brought before the courts by the party decision goes against, unless otherwise provided by subsection. Suit must be filed within two months after the date that notice of the decision was sent to the party. Information about the deadline for legal action to be included in the notification of the decision. Lawsuits brought against the State by the Appeals Committee.
The decision of the Appeals Committee of a case concerning administrative transfer of an application or registration can not be brought before the courts. The same applies to a decision where Appeals Committee rejects or refuses a request for administrative revocation, or upholds a decision by the Patent Office rejection or denial.
Chapter 7. Compensation and punishment mm
§ 39 a. Prohibition of infringement which have intervened in another's right under this Act, or contributed to it, by judgment forbidden to repeat the action. Whoever has done significant preparatory measures with a view to perform an action that would constitute infringement, or otherwise behaved so that there are reasonable grounds to fear that he will intervene, can the judgment be prohibited from carrying out the action.
§ 40. Compensation and damages for design infringement For willfully or negligently design infringement shall infringer pay the right holder:
remuneration corresponding to a reasonable license fee for exploitation, as well as compensation for damage due to the engagement that would not arisen Licensing,
compensation for damage as a result of the procedure, or
compensation corresponding to the gain obtained by the procedure.
Compensation and damages determined by that of foundations in letters a to c that are favorable to the licensee.
Is it acted with intent or gross negligence shall infringer, if the licensee requires, instead of remuneration and compensation determined under subsection pay compensation equal to twice that of a reasonable license fee for exploitation.
Subsections applies equally to the participation.
For interventions that have occurred in good faith shall infringer, to the extent that it does not appear unreasonable, pay compensation corresponding to a reasonable license fee for the use or to gain achieved by the intervention.
Liability under subsections may be mitigated by law on 13 June 1969. 26 for damages § 5.2.
§ 41. Measures to prevent interference To prevent interference the court to the extent deemed reasonable, give orders for preventive measures for products which constitute design infringement and for materials and aids which are mainly used or intended to be used, to producing such products. Such an order may inter alia on the products and materials and aids shall:
withdrawn from trade
definitely removed from trade
extradited to the rightsholder.
The decision on measures to be imposed and the choice of possible measures shall be based on a proportionality assessment. It should be taken into account for the encroachment severity, effects of measures and third-party interests.
The first paragraph shall apply correspondingly in cases referred to in § 39 a second sentence.
Initiatives under this section shall not be conditional upon the licensee provides compensation to the measure targets, and does not affect the licensee's right to compensation or damages under § 40. Measures shall be taken defendant's expense, unless special reasons to the contrary.
§ 41a. Permission to use instead to establish measures in accordance with §§ 39 a and 41 the court when special reasons so indicate, authorize the use of design in design court validity or part thereof against reasonable remuneration to the rightholder and on appropriate conditions in general. Such permission may only be given to the person who has acted in good faith.
§ 41 b. Dissemination of information about judgment in a case concerning intervention in judgment in a case concerning infringement the court may decide that the information age will be disseminated appropriately for the infringer's expense. This applies equally to the participation to intervention and in cases mentioned in § 39 a second sentence.
§ 42. Utilization before registration Exploiting anyone without the consent of the applicant a design that has been applied for, and happens utilization after the documents showing the design has become public under § 21, but before the announcement of registration, § 39 a, § 40 first to third and fifth paragraphs, §§ 41, 41a and 41b corresponding whose application leads to registration.
The limitation period for claims under this provision does not begin to run before the design is registered.
§ 43. Basis for acquittal in civil proceedings in civil cases concerning design infringement can only be found that the registration is invalid or may be required transferred under the provisions of Chapter 5, if the first is rendered enforceable judgment for invalidity or transfer, or if the patent Office has taken a final decision repealing or transfer.
§ 44. Penalties commits design infringement, punishable by fines or imprisonment up to one year.
If there are aggravating circumstances, the penalty is a fine or imprisonment up to three years. In assessing whether aggravating circumstances exist, particular emphasis on the damage suffered by the right holder, including damage to the licensee's commercial reputation, the profit gained by the infringer has obtained, and the extent of surgery in general.
For violation of this provision may Prosecution omitted if not the public's interest prosecution, cf. Criminal Procedure § 62 a.
§ 45. Penalties and damages for breach of the duty of disclosure pursuant to § 22 Any person who willfully or negligently breached the duty of disclosure pursuant to § 22, punishable by fines and shall, to the extent deemed reasonable replace the damage that may have occurred.
Chapter 8. Judicial Provisions
§ 46. Mandatory jurisdiction following proceedings must be brought before the Oslo District Court:
Proceedings for the right to a design that has been applied for under this Act, cf. § 30.
Proceedings for the trial of decision of the Appeals Committee as described in § 39.
Proceedings concerning invalidity or transfer of a registration, re. §§ 25 and 30.
Civil action for design infringement.
Oslo District Court is the venue for applicants and design right which is not resident in Norway.
§ 47. Notification of litigation Whoever travels legal proceedings concerning invalidity or transfer of a registration, shall simultaneously notify it to the Patent Office and registered letter giving notice to any licensee who is entered in the Design Register with address. A licensee who litigation about design infringement shall similarly notify the persons entered in the Design Register as design right holder, if the address specified in the registry.
Documents plaintiff not the necessary notifications have been given, the court may set a deadline for providing messages. If the time limit, the matter shall be dismissed.
§ 48. Submission of judge court shall send the Patent Office printing of judgments in civil proceedings under this Act.
Chapter 9. Miscellaneous Provisions
§ 49. Address for correspondence Messages from the Patent Office or Board of Appeal to seek, design right holder or one that has required administrative review, are always regarded as delivered when they are sent to the address which he recently told the Patent Office or Board of Appeal. The address entered in the Design Register. For applicants and design right which has proxy may notifications pursuant to this paragraph is sent to the proxy.
If the registered address proves to be incorrect, consumed message or a summary in Norwegian Design Gazette with information about the document can be obtained from the Patent Office or Appeals Committee.
Can preaching or other procedural notification does not happen at the registered address or by proxy, the second paragraph corresponding to justice. The document will then be considered as declared or notified four weeks after the release of the Norwegian Design Gazette.
If an applicant or holder design otherwise has designated a representative to represent them in matters concerning the application or design registration, the representative's name and address entered in the Design Register. The same applies if one requiring administrative review has appointed a representative to represent them in matters concerning the claim.
§ 50. Deadline Over Sitting Whoever facing the Patent Office has exceeded a deadline set by or pursuant to the provisions of Chapters 2, 4 or 6, and as a result has suffered loss of rights, shall when this requires, however, get a case taken during treatment if it is proved that the person himself and possibly proxy has shown the care that can be reasonably expected. The claim must be filed in writing with the Patent Office within two months after the impediment that led to met the deadlines ceased, and no later than four months after the deadline. Within the same time shall the omitted act be undertaken. Shall be paid the prescribed fee.
The first paragraph does not apply to deadlines under § 16 on priority or deadline for legal action under § 39, second paragraph, second sentence.
§ 51. About Design Register etc. NIPO leading design registry and publishes a Journal where registrations etc. announced.
Everyone has the right to see the Design Register and get certified copies of it. For prints shall be paid the prescribed fee.
For copies of documents that are public under this Act, shall be paid the prescribed fee.
The tax rates for non certified transcripts and copies shall be fixed so that the total income is not greater than the actual costs of teaching of information, plus a reasonable profit.
§ 52. Regulations pursuant to the Act (fees, etc.). The King may issue more detailed provisions to ensure the implementation of this Act. The King may provide inter alia provisions on
Scope of the Patent Office examination of applications,
International applications and registrations,
The length of the deadlines under the Act,
Sharing and merging of applications and registrations,
Recognition of and transparency in the Design Register and
Tax rates and fee payment. King including provisions for tax sharing and merging of applications and registrations.
§ 53. Licence A design holder may grant another the right to use the design (license). Licensee may not transfer the right further, unless the agreement with the holder entitled to this.
Included license in a business, it can be transferred together with the business unless otherwise agreed. Who transfers the business, is still responsible for the license agreement are met.
A license shall be entered in the Design Register and published if one of the parties requests it. The same applies if a registered license is transferred or terminated.
§ 54. legal effect etc. of entries in the Design Register Legal proceedings concerning design registration may always be brought against whoever stands as a holder in the Design Register and messages Patent Office shall give the holder can always be sent to this.
Is one design right conferred upon another, shall be entered in the Design Register and published if one of the parties requests it. If some of the designs in a multiple registration under § 15 have been transferred, the transfer only introduced in the Design Register and published if the holder requires sharing of registration. For such sharing shall be paid the prescribed fee.
Outlays in the design right shall be entered in the Design Register and published after notification by the enforcement authorities.
Voluntary transfer of a design registration or issuance of a license which has been notified for registration, go to collision condition before the transfer or issuance of license that is not or only later becomes registered for registration, if the licensee on entry was sincere.
Chapter 10. International design registration
§ 55. Definitions With an international design registration means a registration of a design that is undertaken by the International Bureau of the World Intellectual Property Organization (WIPO) on the basis of the Geneva Act of 2 July 1999 to the Hague Convention 6 November 1925 on the International Registration of Industrial Designs .
NIPO is the registration authority in Norway in matters concerning international design registration.
Ikr. June 17, 2010, see § 62.
§ 56. Application for international design registration Whoever is Norwegian citizen or resident or operating in Norway may apply for international registration of designs by delivering application for it to the Patent Office or the International Bureau.
The application shall comply with the requirements set out in the Geneva Agreement.
When an application for international design registration is filed with the Patent Office, the Patent Office shall forward the application to the International Bureau within the time limit set by regulation. For such transmission shall be paid the prescribed fee.
Ikr. June 17, 2010, see § 62.
§ 57. Demands that an international design registration shall have effect in Norway when the Patent Office receives notification from the International Bureau with a request of the holder of an international registration shall have effect in Norway, the Patent Office shall examine whether the registration applies to a design that mentioned in § 2 no. 1, and the conditions in § 7 first paragraph are met.
If the conditions are not fulfilled, the Patent Office partially or completely refuse to grant the international registration effect in Norway. Refusal must be notified to the International Bureau within the time limit set by regulation.
Event of refusal, the holder of the international registration on the conditions established by regulation, require that the Patent Office carries out a reassessment of the issue of the international registration shall have effect in Norway.
Are the conditions met, the Patent Office shall introduce the international registration in the Design Register and announce that it has effect in Norway.
For NIPO handling of requests that an international registration shall have effect in Norway, apply §§ 19 and 50 correspondingly. If the international the holder has invoked priority, § 16.
ikr. June 17, 2010, see § 62.
§ 58. The effects of an international design registration An Introduction to the Design Register of an international registration has effect in Norway, has the same effect as if the design had been registered in this country. The introduction is effective from the day of registration by the International Bureau deemed to have occurred.
Until the international registration is entered in the Design Register and promulgated under § 57 fourth paragraph, the registration same effect as an application for design registration in Norway. Utilizes a design without the consent of the international the holder, and happens utilization after the international registration has been published by the International Bureau, § 39 a, § 40, first to third and fifth paragraph and §§ 41, 41a and 41b accordingly if registration is subsequently introduced in the design Register. The limitation period for claims under this paragraph does not begin to run until the registration has been introduced in the Design Register.
The introduction may be renewed under the Geneva Agreement. If the Patent Office receives notification from the International Bureau of the renewal of an international registration, shall be entered in the Design Register and published.
An Introduction to the Design Register of an international registration has effect in Norway, can be canceled, invalidated, transferred or deleted according to the provisions in Chapter 5. Repeal according to § 33 must be made within the time limit set by regulation.
Ikr. June 17, 2010, see § 62.
§ 59. The effects of an international design registration expires If an international registration in whole or in part shall cease to apply, ceases while its effect in Norway to the same extent. This shall be entered in the Design Register and published.
Ikr. June 17, 2010, see § 62.
Chapter 11. Final Provisions
§ 60. Repeal of the Designs Act and terminological amendments to other Acts - - -
§ 61. Other legal changes - - -
§ 62. Commencement and Transitional Provisions Act applies when the King bestemmer.1 King may bring into force individual provisions at different times.
Designs Act also applies to designs registered or applied registered before the law came into force, with the exceptions that follow from this section.
For applications filed before the law came into force, the former provisions on the content of applications, procedures, transparency, justice of appeal decisions.
Provisions of §§ 4 and 8 do not apply to designs which are registered or sought registered before the law came into force. Judicial review of Patent Office or the courts of a registration that is made on the basis of the previous regulations, on the basis of these provisions.
If someone before the law came into force exploited a design in a way that did not require the consent of the holder by the earlier provisions, but which require such consent under this Act, he may continue the exploitation notwithstanding the new provisions. Has the same right the one who had made substantial preparations to use the design.