- Table of contents
- Chapter 1. General provisions.
- Section 1. Exclusive right to design
- Section 2. Definitions
- Section 3. Novelty and individual character
- Section 4. Complex products
- Section 5. The design’s availability to the public
- Section 6. Actions that do not destroy novelty (grace period)
- Section 7. Design which is contrary to public interests and the rights of other persons
- Section 8. Designs dictated by technical function
- Section 9. The scope and content of a design right
- Section 10. Exceptions from the design right
- Section 11. Equipment on ships and aircraft
- Section 12. Exhaustion of the design right
- Chapter 2. Application for registration of design
- Section 13. Application for registration
- Section 14. Amendment of the application
- Section 15. Application for registration of more than one design multiple registration
- Section 16. Priority
- Section 17. Requirements for registration
- Section 18. Registration and publication
- Section 19. Correction of the application
- Section 20. If the application has
- Chapter 3. Public disclosure and the duty to disclose information
- Chapter 4. The period of validity of a design registration
- Chapter 5. Review and invalidity, etc.
- Section 25. Administrative review and review by a court of law
- Section 26. Time limits and requirements regarding association with a case
- Section 27. Filing and processing of requests for administrative review
- Section 28. Amendment of a registered design
- Section 29. The right to the design
- Section 30. Legal proceedings concerning transfer of an application or registration
- Section 31. Right to continued use
- Section 32. The relationship between cases before the Norwegian Industrial Property Office and before the courts
- Section 33. Cancellation on the initiative of the Norwegian Industrial Property Office
- Section 34. Expunction of the registration
- Section 35. Entry in the Design Register and publication
- Chapter 6. Appeals, etc.
- Chapter 7. Compensation and penalties, etc.
- Section 40. Compensation for design infringement
- Section 41. Measures to prevent new design infringement
- Section 42. Use prior to registration
- Section 43. Grounds for judgment in favour of the defendant in civil cases
- Section 44. Penalties for design infringement
- Section 45. Penalties and compensation in the event of breaches of the duty to disclose information pursuant to section 22
- Chapter 8. Provisions concerning legal proceedings
- Chapter 9. Miscellaneous provisions
- Chapter 10. International design registration
- Section 55. Definitions
- Section 56. Application for international design registration
- Section 57. Requirement that an international design registration shall have effect in Norway
- Section 58. The effects of an international design registration
- Section 59. The effect of expiry of an international design registration
- Chapter 11. Final provisions
Designs Act
Act relating to design protection of 14 March 2003, No. 15 (Designs Act). This is a translation of the Norwegian Designs Act. Should there be any differences between this translation and the authentic Norwegian text, the decision will be made on the basis of the authentic Norwegian text.
Latest amendment 1st July 2010.
Table of contents
Chapter 1 General provisions - Sections 1-12 Chapter 2 Application for registration of design - Sections 13-20 Chapter 3 Public disclosure and the duty to disclose information - Sections 21-22 Chapter 4 The period of validity of a design registration - Sections 23-24 Chapter 5 Review and invalidity, etc - Sections 25-35 Chapter 6 Appeals - Sections 36-39 Chapter 7 Compensation and penalties, etc - Sections 40-45 Chapter 8 Provisions concerning legal proceedings - Sections 46-48 Chapter 9 Miscellaneous provisions - Sections 49-54 Chapter 10 International design registration - Sections 55-59 Chapter 11 Final provisions - Sections 60-62
Chapter 1. General provisions.
Section 1. Exclusive right to design
The creator of a design (the designer), or his successor in title, may acquire by registration an exclusive right to exploit the design subject to the provisions of this Act (design right).
Registration of a design does not exclude protection pursuant to other acts if the requirements for such protection are fulfiled, including protection under the Trademarks Act, the Copyright Act, and the Patent Act.
Section 2. Definitions
In this Act - design means the appearance of a product or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture or materials of the product itself or its ornamentation.
- product means any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs.
- complex product means a product which is composed of multiple components which can be replaced permitting disassembly and reassembly of the product.
Section 3. Novelty and individual character
Design right may only be granted if the design is new and has individual character.
A design shall be considered new if no identical design has been made available to the public before the date of filing of the application for registration or before the date of priority, if priority is claimed pursuant to section 16. Designs shall be deemed to be identical if their features differ only in immaterial details.
A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date referred to in the second paragraph. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.
Section 4. Complex products
The design of a component part of a complex product shall only be considered to be new and to have individual character to the extent that - the component part is visible during normal use of the complex product, and
- the visible features of the component part fulfil the requirements as to novelty and individual character. Normal use shall mean use of the complex product by the end user, excluding maintenance, servicing or repair work of the product.
Section 5. The design’s availability to the public
A design shall be deemed to have been made available to the public under this Act if it has been published following registration or otherwise. The same shall apply if the design has been exhibited, used in trade or otherwise disclosed. The design shall nevertheless not be regarded as having been made available to the public if - it could not reasonably have become known in the normal course of business to the circles specialized in the sector concerned operating within the EEA through circumstances, as referred to in the first paragraph, before the date of filing of the application for registration or, if priority is claimed, before the date of priority pursuant to section 16, or
- it has solely been disclosed to other persons under explicit or implicit conditions of confidentiality.
Section 6. Actions that do not destroy novelty (grace period)
The design is not regarded as having been made available to the public pursuant to section 5 if it has been made available to the public, at the earliest, twelve months prior to the date referred to in section 3, second paragraph - by the designer, or his successor in title
- by other persons on the basis of information provided or actions undertaken by the designer, or his successor in title, or
- as a consequence of an abuse in relation to the designer, or his successor in title.
Section 7. Design which is contrary to public interests and the rights of other persons
A design may not be registered if it - is contrary to public policy or to accepted principles of morality, or
- without authorization includes a coat of arms or other insignia, subject to section 328, first paragraph (4) or second paragraph of the Penal Code, a national flag or an official control or guarantee mark for products of the same or a similar type as the products to which the design applies or which may be perceived as such a symbol, flag or mark.
A design right may not be granted if the design conflicts with a design that is the subject of a previous application for design right in Norway that was not available to the public before the date of filing of the new application or before the date of priority, if priority is claimed pursuant to section 16, but is disclosed at a later date.
Nor may a design right be granted if the design violates the right of another person in Norway to - a trademark, business name or an other sign,
- a work or photographic picture protected under the Copyright Act, or
- a geographical indication or designation of origin for agricultural products and foodstuffs protected under regulations pursuant to the Act of 17 June 1932 No. 6 relating to quality control of agricultural products, etc or under Act of 19 December 2003 No. 124 on Production of foodstuff and Food safety, etc.
Section 8. Designs dictated by technical function
A design right may not be granted for the features of appearance of a product - that are dictated solely by its technical function, or
- that must be reproduced in their exact form and dimension in order to permit the product to be mechanically connected to or placed in, around or against another product, so that either product may perform its function.
A design right may nevertheless be granted for a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.
Section 9. The scope and content of a design right
A design right entails that no-one may use the design without the consent of the holder of the design right (the holder), with such exceptions as follow from sections 10 to 12. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.
The design right shall apply to any design that does not produce on an informed user a different overall impression. In assessing the scope of the design right, the degree of freedom of the designer in developing the design shall be taken into consideration.
Section 10. Exceptions from the design right
The design right does not exclude that the design - may be used for private and non-commercial purposes,
- may be used for experimental purposes, or
- may be displayed for the purpose of making citations or of teaching, provided that such acts are compatible with fair trade practice and do not unduly prejudice the normal exploitation of the design, and that mention is made of the source.
Section 11. Equipment on ships and aircraft
The design right shall not exclude - use of equipment on ships and aircraft registered in another state when these
temporarily enter Norwegian territory,
- importation to Norway of spare parts and accessories for the purpose of repairing such craft and execution of repairs on such craft.
Section 12. Exhaustion of the design right
The design right does not exclude the use of design-protected products that are put on the market in the EEA by the holder of the design right or with his consent.
Chapter 2. Application for registration of design
Section 13. Application for registration
An application for registration of a design shall be filed in writing with the Norwegian Industrial Property Office.
The application shall state the name and address of the applicant and the product or products to which registration of the design is sought, and shall include reproductions clearly illustrating the design.
If the applicant also submits a model of the design prior to its registration, it is the model that shall be regarded as illustrating the design.
The application shall state the name of the designer. The designer’s name shall be entered in the Design Register. If the design is the result of cooperation between a group of two or more designers, the name of the group may replace the name of each individual designer.
The application shall in addition fulfil the requirements laid down by the King in regulations. A stipulated fee shall be paid.
Section 14. Amendment of the application
An application for registration of a design may not be amended to apply to another product than that stated in the application. The design that the application concerns may only be amended if the design in its amended form retains its identity and fulfils the requirements for registration.
Section 15. Application for registration of more than one design multiple registration
An application may include more than one design if the products belong to the same class according to the Locarno Agreement of 8 October 1968 establishing an international classification for industrial designs.
Section 16. Priority
A person who has filed an application for design protection in Norway or in a State party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or the Agreement of 15 April 1994 establishing the World Trade Organization (WTO Agreement), and who, within six months after, this applies for a design right in Norway, may claim that the new application shall be regarded as filed at the same time as the first application.
A person who has exhibited a design at an official or officially recognized international exhibition as referred to in the Convention of 22 November 1928 relating to international exhibitions and who, within six months after this, applies for a design right in Norway, may claim that the application be regarded as filed on the date when the design was first exhibited at the exhibition.
The King may in regulations lay down further requirements concerning the right to claim priority. The King may also provide that priority may be claimed in cases other than those referred to in the first and second paragraphs.
Section 17. Requirements for registration
The Norwegian Industrial Property Office shall ensure that the application fulfils the requirements laid down in sections 13 to 15. The Norwegian Industrial Property Office shall also ensure that the application applies to a design as referred to in section 2 (1), and that the requirements laid down in section 7, first paragraph, are fulfiled.
To the extent prescribed in regulations laid down by the King, the Norwegian Industrial Property Office shall, at the request of the applicant, also examine whether other factors exist that may prevent design right and, in such case, inform the applicant of this. A stipulated fee shall be paid for this examination.
Section 18. Registration and publication
If the application fulfils the requirements as referred to in section 17, first paragraph, the design shall be registered and notification of registration shall be sent to the applicant. The registration of a design shall be published.
The registration may nevertheless be deferred for a maximum of six months from the date referred to in section 3, second paragraph, if so requested by the applicant in the application.
Section 19. Correction of the application
If the application fails to fulfil the requirements as referred to in section 17, first paragraph, the Norwegian Industrial Property Office shall notify the applicant of this and provide information concerning the possible consequences of the irregularities. The applicant shall be given a reasonable time limit in which to respond and, if possible, for correction of the irregularities.
If the irregularities are corrected within the time limit set by the Norwegian Industrial Property Office, the application is regarded as filed on the date it was received by the Norwegian Industrial Property Office. However, the application is not regarded as filed until reproductions or a model of the design have been received by the Norwegian Industrial Property Office.
If the applicant fails to comment or to correct the irregularities before expiry of the time limit, the application shall be considered abandoned.
Processing of an application that has been abandoned shall be resumed if the applicant submits comments or corrects the irregularities within two months after expiry of the time limit. A stipulated fee shall be paid. Processing of an application may only be resumed once.
Section 20. If the application has
irregularities that are not corrected subject to the provisions laid down in section 19 and the design cannot be registered in its amended form subject to section 14, second sentence, the application shall be refused. This does not apply if the Norwegian Industrial Property Office finds that the applicant should be given a new time limit for correction.
Chapter 3. Public disclosure and the duty to disclose information
Section 21. Access to the documents of an application
From the date an application is filed, anyone may demand access to the application and its enclosures and all documents pertaining to the case, unless otherwise provided in the second to the fifth paragraph.
Access may not be demanded to documents that may reveal the appearance of the design until the design has been registered pursuant to section 18. When six months has elapsed from the date referred to in section 3, second paragraph, the documents shall be made public even if the design has not been registered. If the application is abandoned or refused, the right of access shall only apply if the applicant requests resumption, appeals against the decision or claims compensation.
If the applicant so demands, the documents that may reveal the appearance of the design shall be made public earlier than provided in the second paragraph. Information concerning commercial secrets may be excepted from public disclosure if so demanded by the applicant. When such demands are filed, the information is not made public until a final refusal of the demand. Information of significance for whether a design right may be granted or for the scope or duration of the design right may not be excepted from public disclosure.
Documents prepared by the Norwegian Industrial Property Office for its own internal examination of a case may be excepted from public disclosure.
Section 22. The design applicant’s duty to disclose information
An applicant who invokes the design application against another party before the design has been made available to the public shall, if so requested, allow the person concerned access to the documents of the application. A person who in direct communication, in advertisements or otherwise, has made known to other persons that a design right has been applied for or granted without stating the number of the application or registration shall, if so requested, provide the number without undue delay. A person who has provided information that may give the impression that a design right has been applied for or granted shall, if so requested, provide information without undue delay as to whether the design has been registered or whether registration of the design has been applied for.
Chapter 4. The period of validity of a design registration
Section 23. The period of validity of a design registration
A design registration shall be valid for the period or periods of five years applied for in the application, calculated from the application date. A registration valid for a period shorter than twenty-five years may be renewed for further five-year periods up to a total registration period of twenty-five years. Each period shall run from the end of the previous period. For the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance (spare part), registration shall be valid for a maximum of five years.
Section 24. Renewal of registration
Requests for renewal shall be made in writing to the Norwegian Industrial Property Office no earlier than one year before and no later than six months after the expiry of the registration period. A stipulated fee shall be paid. If the request for renewal is filed after expiry of the registration period, an additional fee shall be paid. Payment of the renewal fee within the time limits laid down in the first paragraph, stating the registration number of the design, shall be regarded as a request for renewal.
The renewal of a registration shall be entered in the Design Register and be published.
Chapter 5. Review and invalidity, etc.
Section 25. Administrative review and review by a court of law
If a design fails to fulfil the requirements laid down in sections 2 to 8, the design registration shall be wholly or partly cancelled by the Norwegian Industrial Property Office or be invalidated by a court of law pursuant to the provisions of sections 26 to 28. If the design has been registered for someone other than the person who is entitled to obtain registration of the design, the registration shall be cancelled pursuant to the provisions of sections 26 and 27 or be transferred to the rightful holder pursuant to sections 29 and 30.
The registration may not be cancelled or invalidated on the basis that the holder has only partial right to the design.
Section 26. Time limits and requirements regarding association with a case
An administrative review may be requested by anyone during the period of registration unless otherwise provided by the second and third paragraphs.
A request for administrative review may only be filed by - a person who claims the right to the design if such claim is founded on the assertion that the holder is not entitled to hold the right to the design.
- a person who applies for or holds the previous right if the claim is founded on the assertion that the registration violates rights referred to in section 7, second and third paragraphs.
- the Ministry or by the person or body affected by the use if the claim is founded on the assertion that the registration violates rights referred to in section 7, first paragraph (2).
If the claim is founded on the assertion that the holder is not entitled to hold the right to the design, it must be put forward at the latest one year after the person making the claim learned of the registration and the other circumstances on which the claim is founded. If the holder acted in good faith when the design was registered or when the registration was transferred to the holder, the claim may not be put forward later than three years after the registration or transfer.
The first to third paragraphs shall apply correspondingly to legal proceedings concerning invalidity.
Legal proceedings concerning invalidity may also be instituted after the registration has lapsed or has been renounced. A person who brings a legal action in such a case must have legal interest in the case.
If a request for an administrative review claiming that the holder is not entitled to hold the right to the design is filed with the Norwegian Industrial Property Office within the time limit laid down in the third paragraph, legal proceedings concerning the question, notwithstanding the third paragraph, may be instituted within two months after the day the notification of the Norwegian Industrial Property Office’s final decision was sent to the party concerned.
Section 27. Filing and processing of requests for administrative review
A request for administrative review shall be filed in writing with the Norwegian Industrial Property Office, stating - the name and address of the person who filed the request,
- the registration and, if appropriate, the design in the registration for which a review is requested,
- the grounds on which the request is based, and
- necessary documentation of circumstances cited in support of the request.
The request shall in addition fulfil the requirements laid down by the King in regulations. A stipulated fee shall be paid.
If the request fails to fulfil the requirements of the first paragraph and section 26, the Norwegian Industrial Property Office shall give a reasonable time limit in which to respond and, if possible, correction of the irregularities. If the irregularities are not corrected before expiry of the time limit, the request shall be refused unless the Norwegian Industrial Property Office finds that a new time limit should be given for correction.
If the request for review is filed by a person other than the holder, the Norwegian Industrial Property Office shall as soon as possible notify the holder of the request, giving a reasonable time limit in which to respond.
If two or more requests for review of the same registration are filed, the Norwegian Industrial Property Office may merge the cases to one case unless objectively justified objections are put forward.
The Norwegian Industrial Property Office may take into consideration circumstances not affected by the request for review. If a request for review is withdrawn, the Norwegian Industrial Property Office may continue processing of the case if special reasons so indicate. This paragraph shall only apply in so far as it is compatible with section 26, second paragraph.
Anyone may claim access to the documents of a case concerning administrative review. The provisions laid down in section 21, fourth and fifth paragraph, shall apply correspondingly.
Section 28. Amendment of a registered design
The registration of a design may be partly cancelled by the Norwegian Industrial Property Office if the design in its amended form retains its identity and fulfils the requirements for registration and if the holder has requested or consented to the amendment.
The registration of a design may on the same requirements be found partly invalid by a court.
The amended design shall be entered in the Design Register and a new notification of registration shall be sent to the holder. Notification of the amendment enclosing reproductions of the design in its amended form shall be published.
Section 29. The right to the design
A person who, in a case concerning administrative review, claims the right to a design that has been registered for another person may claim that the registration be transferred rather than cancelled.
If someone claims the right to a design in an application filed by another person, the Norwegian Industrial Property Office may transfer the application. The person to whom the application is transferred shall pay a new application fee.
If the Norwegian Industrial Property Office finds there to be doubt in a question as referred to in the first and second paragraphs, a person who claims the right to the design shall be encouraged to institute legal proceedings within a reasonable time limit. If legal proceedings are not instituted within the time limit, the Norwegian Industrial Property Office may disregard the claim. The claimant shall be notified of this.
Section 30. Legal proceedings concerning transfer of an application or registration
A person who claims the right to a design in an application filed by another person or to a design that has been registered for another person may institute legal proceedings for transfer of the application or registration. Legal proceedings concerning transfer of a registration must be instituted within the time limit laid down in section 26, third paragraph, cf. sixth paragraph.
Section 31. Right to continued use
If a person who is deprived of registration pursuant to section 29 or 30 has in good faith begun to use the design in Norway or has made extensive preparations to do so, he may continue or commence such use in exchange for a reasonable remuneration and on otherwise reasonable requirements. This right shall apply on the same requirements to holders of registered licences.
Rights pursuant to the first paragraph may only be transferred to other persons in conjunction with transfer of the undertaking in which the right arose or where use was intended to take place.
Section 32. The relationship between cases before the Norwegian Industrial Property Office and before the courts
If proceedings before the Norwegian Industrial Property Office concerning transfer of an application are in progress, the Patent Office may not amend, abandon, refuse or grant the application before the case concerning transfer is finally decided. If the case concerns the right to a design in a registration, the registration may not be cancelled, amended or expunged before such date.
If legal proceedings have been instituted concerning the right to the design, the Norwegian Industrial Property Office shall defer the processing of a case concerning registration, cancellation or transfer until such legal proceedings are decided by a final and un¬appealable judgment. If legal proceedings are instituted concerning invalidity, the Norwegian Industrial Property Office shall defer the processing of a case concerning cancellation until such date.
A person who has requested an administrative review may not institute legal proceedings concerning invalidity or transfer while the case before the Norwegian Industrial Property Office is in progress.
Section 33. Cancellation on the initiative of the Norwegian Industrial Property Office
If the registration of a design or the renewal or amendment of a registration has clearly occurred erroneously, the Norwegian Industrial Property Office may on its own initiative wholly or partly cancel the entry.
The holder of the registration shall be notified with a reasonable time limit in which to respond before cancellation takes place.
Section 34. Expunction of the registration
If a registration is not or cannot be renewed or if the holder submits a written request for expunction, the registration shall be expunged from the Design Register after expiry of the registration period.
If legal proceedings have been instituted concerning transfer of the registration or if the design right is subjected to execution, the registration may not be expunged on the request of the holder before such proceedings are decided by a final and unappealable judgment or the execution lapses.
Section 35. Entry in the Design Register and publication
If a request for administrative review of a registration has been submitted or legal proceedings concerning invalidity or transfer of a registration have been instituted, this shall be entered in the Design Register and be published. When the case is finally decided, the decision shall be entered in the Design Register and be published.
Latest amendment 1st July 2010.
Chapter 1 General provisions - Sections 1-12 Chapter 2 Application for registration of design - Sections 13-20 Chapter 3 Public disclosure and the duty to disclose information - Sections 21-22 Chapter 4 The period of validity of a design registration - Sections 23-24 Chapter 5 Review and invalidity, etc - Sections 25-35 Chapter 6 Appeals - Sections 36-39 Chapter 7 Compensation and penalties, etc - Sections 40-45 Chapter 8 Provisions concerning legal proceedings - Sections 46-48 Chapter 9 Miscellaneous provisions - Sections 49-54 Chapter 10 International design registration - Sections 55-59 Chapter 11 Final provisions - Sections 60-62
Chapter 1. General provisions.
Section 1. Exclusive right to design
The creator of a design (the designer), or his successor in title, may acquire by registration an exclusive right to exploit the design subject to the provisions of this Act (design right).
Registration of a design does not exclude protection pursuant to other acts if the requirements for such protection are fulfiled, including protection under the Trademarks Act, the Copyright Act, and the Patent Act.
Section 2. Definitions
In this Act Section 3. Novelty and individual character
Design right may only be granted if the design is new and has individual character.
A design shall be considered new if no identical design has been made available to the public before the date of filing of the application for registration or before the date of priority, if priority is claimed pursuant to section 16. Designs shall be deemed to be identical if their features differ only in immaterial details.
A design shall be considered to have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design which has been made available to the public before the date referred to in the second paragraph. In assessing individual character, the degree of freedom of the designer in developing the design shall be taken into consideration.
Section 4. Complex products
The design of a component part of a complex product shall only be considered to be new and to have individual character to the extent that Section 5. The design’s availability to the public
A design shall be deemed to have been made available to the public under this Act if it has been published following registration or otherwise. The same shall apply if the design has been exhibited, used in trade or otherwise disclosed. The design shall nevertheless not be regarded as having been made available to the public if Section 6. Actions that do not destroy novelty (grace period)
The design is not regarded as having been made available to the public pursuant to section 5 if it has been made available to the public, at the earliest, twelve months prior to the date referred to in section 3, second paragraph Section 7. Design which is contrary to public interests and the rights of other persons
A design may not be registered if it A design right may not be granted if the design conflicts with a design that is the subject of a previous application for design right in Norway that was not available to the public before the date of filing of the new application or before the date of priority, if priority is claimed pursuant to section 16, but is disclosed at a later date.
Nor may a design right be granted if the design violates the right of another person in Norway to Section 8. Designs dictated by technical function
A design right may not be granted for the features of appearance of a product A design right may nevertheless be granted for a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system.
Section 9. The scope and content of a design right
A design right entails that no-one may use the design without the consent of the holder of the design right (the holder), with such exceptions as follow from sections 10 to 12. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.
The design right shall apply to any design that does not produce on an informed user a different overall impression. In assessing the scope of the design right, the degree of freedom of the designer in developing the design shall be taken into consideration.
Section 10. Exceptions from the design right
The design right does not exclude that the design Section 11. Equipment on ships and aircraft
The design right shall not exclude Section 12. Exhaustion of the design right
The design right does not exclude the use of design-protected products that are put on the market in the EEA by the holder of the design right or with his consent.
Chapter 2. Application for registration of design
Section 13. Application for registration
An application for registration of a design shall be filed in writing with the Norwegian Industrial Property Office.
The application shall state the name and address of the applicant and the product or products to which registration of the design is sought, and shall include reproductions clearly illustrating the design.
If the applicant also submits a model of the design prior to its registration, it is the model that shall be regarded as illustrating the design.
The application shall state the name of the designer. The designer’s name shall be entered in the Design Register. If the design is the result of cooperation between a group of two or more designers, the name of the group may replace the name of each individual designer.
The application shall in addition fulfil the requirements laid down by the King in regulations. A stipulated fee shall be paid.
Section 14. Amendment of the application
An application for registration of a design may not be amended to apply to another product than that stated in the application. The design that the application concerns may only be amended if the design in its amended form retains its identity and fulfils the requirements for registration.
Section 15. Application for registration of more than one design multiple registration
An application may include more than one design if the products belong to the same class according to the Locarno Agreement of 8 October 1968 establishing an international classification for industrial designs.
Section 16. Priority
A person who has filed an application for design protection in Norway or in a State party to the Paris Convention of 20 March 1883 for the Protection of Industrial Property or the Agreement of 15 April 1994 establishing the World Trade Organization (WTO Agreement), and who, within six months after, this applies for a design right in Norway, may claim that the new application shall be regarded as filed at the same time as the first application.
A person who has exhibited a design at an official or officially recognized international exhibition as referred to in the Convention of 22 November 1928 relating to international exhibitions and who, within six months after this, applies for a design right in Norway, may claim that the application be regarded as filed on the date when the design was first exhibited at the exhibition.
The King may in regulations lay down further requirements concerning the right to claim priority. The King may also provide that priority may be claimed in cases other than those referred to in the first and second paragraphs.
Section 17. Requirements for registration
The Norwegian Industrial Property Office shall ensure that the application fulfils the requirements laid down in sections 13 to 15. The Norwegian Industrial Property Office shall also ensure that the application applies to a design as referred to in section 2 (1), and that the requirements laid down in section 7, first paragraph, are fulfiled.
To the extent prescribed in regulations laid down by the King, the Norwegian Industrial Property Office shall, at the request of the applicant, also examine whether other factors exist that may prevent design right and, in such case, inform the applicant of this. A stipulated fee shall be paid for this examination.
Section 18. Registration and publication
If the application fulfils the requirements as referred to in section 17, first paragraph, the design shall be registered and notification of registration shall be sent to the applicant. The registration of a design shall be published.
The registration may nevertheless be deferred for a maximum of six months from the date referred to in section 3, second paragraph, if so requested by the applicant in the application.
Section 19. Correction of the application
If the application fails to fulfil the requirements as referred to in section 17, first paragraph, the Norwegian Industrial Property Office shall notify the applicant of this and provide information concerning the possible consequences of the irregularities. The applicant shall be given a reasonable time limit in which to respond and, if possible, for correction of the irregularities.
If the irregularities are corrected within the time limit set by the Norwegian Industrial Property Office, the application is regarded as filed on the date it was received by the Norwegian Industrial Property Office. However, the application is not regarded as filed until reproductions or a model of the design have been received by the Norwegian Industrial Property Office.
If the applicant fails to comment or to correct the irregularities before expiry of the time limit, the application shall be considered abandoned.
Processing of an application that has been abandoned shall be resumed if the applicant submits comments or corrects the irregularities within two months after expiry of the time limit. A stipulated fee shall be paid. Processing of an application may only be resumed once.
Section 20. If the application has
irregularities that are not corrected subject to the provisions laid down in section 19 and the design cannot be registered in its amended form subject to section 14, second sentence, the application shall be refused. This does not apply if the Norwegian Industrial Property Office finds that the applicant should be given a new time limit for correction.
Chapter 3. Public disclosure and the duty to disclose information
Section 21. Access to the documents of an application
From the date an application is filed, anyone may demand access to the application and its enclosures and all documents pertaining to the case, unless otherwise provided in the second to the fifth paragraph.
Access may not be demanded to documents that may reveal the appearance of the design until the design has been registered pursuant to section 18. When six months has elapsed from the date referred to in section 3, second paragraph, the documents shall be made public even if the design has not been registered. If the application is abandoned or refused, the right of access shall only apply if the applicant requests resumption, appeals against the decision or claims compensation.
If the applicant so demands, the documents that may reveal the appearance of the design shall be made public earlier than provided in the second paragraph. Information concerning commercial secrets may be excepted from public disclosure if so demanded by the applicant. When such demands are filed, the information is not made public until a final refusal of the demand. Information of significance for whether a design right may be granted or for the scope or duration of the design right may not be excepted from public disclosure.
Documents prepared by the Norwegian Industrial Property Office for its own internal examination of a case may be excepted from public disclosure.
Section 22. The design applicant’s duty to disclose information
An applicant who invokes the design application against another party before the design has been made available to the public shall, if so requested, allow the person concerned access to the documents of the application. A person who in direct communication, in advertisements or otherwise, has made known to other persons that a design right has been applied for or granted without stating the number of the application or registration shall, if so requested, provide the number without undue delay. A person who has provided information that may give the impression that a design right has been applied for or granted shall, if so requested, provide information without undue delay as to whether the design has been registered or whether registration of the design has been applied for.
Chapter 4. The period of validity of a design registration
Section 23. The period of validity of a design registration
A design registration shall be valid for the period or periods of five years applied for in the application, calculated from the application date. A registration valid for a period shorter than twenty-five years may be renewed for further five-year periods up to a total registration period of twenty-five years. Each period shall run from the end of the previous period. For the design of a component part used for the purpose of the repair of a complex product so as to restore its original appearance (spare part), registration shall be valid for a maximum of five years.
Section 24. Renewal of registration
Requests for renewal shall be made in writing to the Norwegian Industrial Property Office no earlier than one year before and no later than six months after the expiry of the registration period. A stipulated fee shall be paid. If the request for renewal is filed after expiry of the registration period, an additional fee shall be paid. Payment of the renewal fee within the time limits laid down in the first paragraph, stating the registration number of the design, shall be regarded as a request for renewal.
The renewal of a registration shall be entered in the Design Register and be published.
Chapter 5. Review and invalidity, etc.
Section 25. Administrative review and review by a court of law
If a design fails to fulfil the requirements laid down in sections 2 to 8, the design registration shall be wholly or partly cancelled by the Norwegian Industrial Property Office or be invalidated by a court of law pursuant to the provisions of sections 26 to 28. If the design has been registered for someone other than the person who is entitled to obtain registration of the design, the registration shall be cancelled pursuant to the provisions of sections 26 and 27 or be transferred to the rightful holder pursuant to sections 29 and 30.
The registration may not be cancelled or invalidated on the basis that the holder has only partial right to the design.
Section 26. Time limits and requirements regarding association with a case
An administrative review may be requested by anyone during the period of registration unless otherwise provided by the second and third paragraphs.
A request for administrative review may only be filed by If the claim is founded on the assertion that the holder is not entitled to hold the right to the design, it must be put forward at the latest one year after the person making the claim learned of the registration and the other circumstances on which the claim is founded. If the holder acted in good faith when the design was registered or when the registration was transferred to the holder, the claim may not be put forward later than three years after the registration or transfer.
The first to third paragraphs shall apply correspondingly to legal proceedings concerning invalidity.
Legal proceedings concerning invalidity may also be instituted after the registration has lapsed or has been renounced. A person who brings a legal action in such a case must have legal interest in the case.
If a request for an administrative review claiming that the holder is not entitled to hold the right to the design is filed with the Norwegian Industrial Property Office within the time limit laid down in the third paragraph, legal proceedings concerning the question, notwithstanding the third paragraph, may be instituted within two months after the day the notification of the Norwegian Industrial Property Office’s final decision was sent to the party concerned.
Section 27. Filing and processing of requests for administrative review
A request for administrative review shall be filed in writing with the Norwegian Industrial Property Office, stating The request shall in addition fulfil the requirements laid down by the King in regulations. A stipulated fee shall be paid.
If the request fails to fulfil the requirements of the first paragraph and section 26, the Norwegian Industrial Property Office shall give a reasonable time limit in which to respond and, if possible, correction of the irregularities. If the irregularities are not corrected before expiry of the time limit, the request shall be refused unless the Norwegian Industrial Property Office finds that a new time limit should be given for correction.
If the request for review is filed by a person other than the holder, the Norwegian Industrial Property Office shall as soon as possible notify the holder of the request, giving a reasonable time limit in which to respond.
If two or more requests for review of the same registration are filed, the Norwegian Industrial Property Office may merge the cases to one case unless objectively justified objections are put forward.
The Norwegian Industrial Property Office may take into consideration circumstances not affected by the request for review. If a request for review is withdrawn, the Norwegian Industrial Property Office may continue processing of the case if special reasons so indicate. This paragraph shall only apply in so far as it is compatible with section 26, second paragraph.
Anyone may claim access to the documents of a case concerning administrative review. The provisions laid down in section 21, fourth and fifth paragraph, shall apply correspondingly.
Section 28. Amendment of a registered design
The registration of a design may be partly cancelled by the Norwegian Industrial Property Office if the design in its amended form retains its identity and fulfils the requirements for registration and if the holder has requested or consented to the amendment.
The registration of a design may on the same requirements be found partly invalid by a court.
The amended design shall be entered in the Design Register and a new notification of registration shall be sent to the holder. Notification of the amendment enclosing reproductions of the design in its amended form shall be published.
Section 29. The right to the design
A person who, in a case concerning administrative review, claims the right to a design that has been registered for another person may claim that the registration be transferred rather than cancelled.
If someone claims the right to a design in an application filed by another person, the Norwegian Industrial Property Office may transfer the application. The person to whom the application is transferred shall pay a new application fee.
If the Norwegian Industrial Property Office finds there to be doubt in a question as referred to in the first and second paragraphs, a person who claims the right to the design shall be encouraged to institute legal proceedings within a reasonable time limit. If legal proceedings are not instituted within the time limit, the Norwegian Industrial Property Office may disregard the claim. The claimant shall be notified of this.
Section 30. Legal proceedings concerning transfer of an application or registration
A person who claims the right to a design in an application filed by another person or to a design that has been registered for another person may institute legal proceedings for transfer of the application or registration. Legal proceedings concerning transfer of a registration must be instituted within the time limit laid down in section 26, third paragraph, cf. sixth paragraph.
Section 31. Right to continued use
If a person who is deprived of registration pursuant to section 29 or 30 has in good faith begun to use the design in Norway or has made extensive preparations to do so, he may continue or commence such use in exchange for a reasonable remuneration and on otherwise reasonable requirements. This right shall apply on the same requirements to holders of registered licences.
Rights pursuant to the first paragraph may only be transferred to other persons in conjunction with transfer of the undertaking in which the right arose or where use was intended to take place.
Section 32. The relationship between cases before the Norwegian Industrial Property Office and before the courts
If proceedings before the Norwegian Industrial Property Office concerning transfer of an application are in progress, the Patent Office may not amend, abandon, refuse or grant the application before the case concerning transfer is finally decided. If the case concerns the right to a design in a registration, the registration may not be cancelled, amended or expunged before such date.
If legal proceedings have been instituted concerning the right to the design, the Norwegian Industrial Property Office shall defer the processing of a case concerning registration, cancellation or transfer until such legal proceedings are decided by a final and un¬appealable judgment. If legal proceedings are instituted concerning invalidity, the Norwegian Industrial Property Office shall defer the processing of a case concerning cancellation until such date.
A person who has requested an administrative review may not institute legal proceedings concerning invalidity or transfer while the case before the Norwegian Industrial Property Office is in progress.
Section 33. Cancellation on the initiative of the Norwegian Industrial Property Office
If the registration of a design or the renewal or amendment of a registration has clearly occurred erroneously, the Norwegian Industrial Property Office may on its own initiative wholly or partly cancel the entry.
The holder of the registration shall be notified with a reasonable time limit in which to respond before cancellation takes place.
Section 34. Expunction of the registration
If a registration is not or cannot be renewed or if the holder submits a written request for expunction, the registration shall be expunged from the Design Register after expiry of the registration period.
If legal proceedings have been instituted concerning transfer of the registration or if the design right is subjected to execution, the registration may not be expunged on the request of the holder before such proceedings are decided by a final and unappealable judgment or the execution lapses.
Section 35. Entry in the Design Register and publication
If a request for administrative review of a registration has been submitted or legal proceedings concerning invalidity or transfer of a registration have been instituted, this shall be entered in the Design Register and be published. When the case is finally decided, the decision shall be entered in the Design Register and be published.
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temporarily enter Norwegian territory,