NORWAY
NORWAY
As part of this revision, the Ministry of Culture has already conducted a hearing into proposals for simplified enforcement of illegal file- sharing and other infringements of copyright by digital means online. The aim is to limit illegal file-sharing, and at the same time stimulate the use of legal digital services. The proposal covers access to information on the IP addresses of infringers, and compelling Internet service providers to block access to infringing material. This part of the Norwegian revised copyright legislation will be implemented separately and before the rest of the revised Copyright Act.
It is at present unclear when the amended Copyright Act will be presented, and the Ministry of Culture keeps its cards close to its chest.
Strengthened legislation for IP enforcement
The Ministry of Justice has circulated a proposal for strengthened IP legislation, covering amendments in the Patent Act, the Trademark Act, the Design Act and the Copyright Act. Amendments to the Trade Name Act and the Marketing Act have also been suggested, as well as the Civil Procedures Act, related to obtaining evidence IP infringement cases. The proposed legislation is expected in 2012.
This proposal covers both civil and criminal sanctions, and it is proposed that sanctions are modelled uniformly in all IP areas. A significant strengthening of the rules regarding fair compensation and tort is also suggested, including that in cases of deliberate or grossly negligent infringements, the right holder will be entitled to at least twice the amount of a fair licence.
The purpose of the revision is to strengthen the right holder’s position in infringement cases, and to improve the conditions for establishment and investment in IP-related business, innovation and brand building. The aim is to secure a level of IP protection in Norway comparable to that in the EU.
Keep a close eye on Norway—strengthened IPR protection is under way.
Bente Holmvang is a partner in Bull & Co Advokatfirma AS. She can be contacted at:
bho@bullco.no
Kristine Madsen is a partner in Bull & Co Advokatfirma AS. She can be contacted at:
kmm@bullco.no
190 World Intellectual Property Review e-Digest 2012
THE PURPOSE OF THE REVISION IS TO STRENGTHEN THE RIGHT HOLDER’S POSITION IN INFRINGEMENT CASES, AND TO IMPROVE THE CONDITIONS FOR ESTABLISHMENT AND INVESTMENT IN IP-RELATED BUSINESS, INNOVATION AND BRAND BUILDING.
Bente Holmvang practises commercial law with a particular emphasis on IP law (trademark and domain name, design, copyright law) and marketing law. She advises a number of companies, particularly within the area of trade and industry and has extensive experience of litigation, including in anti-piracy actions. Holmvang is rated as an IP law expert in European Legal Experts and Chambers and Partners and as a leading lawyer in the same area in European Legal 500.
Kristine Madsen advises on acquisition and management of IP rights as well as marketing and competition issues. She is a frequent lecturer on IT and IPR, and is rated as highly recommended in Norwegian and international rankings of lawyers; European Legal 500, European Legal Experts, IAM Licensing 500, Chambers and Partners and Martindale Hubble. She has extensive experience of the IT industry, as an advisor on a number of major IT acquisitions, contract negotiations and disputes on behalf of both public and private sector clients. Madsen advises on all areas of IPR and has acted for a number of clients in a variety of projects.
www.worldipreview.com
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