There are many reasons why counterfeiting should be taken seriously. Fake goods pose a threat to public health and safety. Further, counterfeit products cost brand owners millions of dollars each year in lost revenue.
In Norway, Customs have a key role in stopping the international movement of counterfeit goods as they have the power and the means to detain counterfeited goods and other infringements of intellectual property ex officio.
However, with regard to Customs surveillance and border control, the Norwegian legislation (through the Customs Act), differs from that in the EU.
The provisions of the Norwegian Customs Act authorise Customs to detain goods that appear to be counterfeit goods and keep them in detention for five days. The Customs will simultaneously notify the IP right holder of the detention. The IP right holder is requested either to file for a preliminary order, and/or negotiate with the importer of the detained goods. If Customs does not receive a preliminary order or a written statement on voluntary destruction signed by the importer within the five days counted from the date of notification of the detention, the goods will be released to the importer.
It should be noted that the Customs is not obliged to act pursuant to this provision. There are however two ways that give the rights owner the opportunity to take action to prevent the release of the goods on to the market.
The first option is to file a Custom Notice Application requesting Customs to detain goods suspected of infringing concrete IP rights. Customs has provided a standard form for this purpose which enables Customs to identify easily suspected infringing goods. The Customs notices will remain in force for 12 moths, and can be extended for successive 12-month periods.
The other is that the IP rights holder may file for a Preliminary order, in which the Customs authorities are instructed to confiscate all goods that are imported bearing an identified trade mark or design and which are imported by someone outside the IP rights holder's distribution list. The benefit of an interim injunction valid for 12 months is that the applicant is afforded a six-week time limit from the notification of detention to initiate court proceedings against the importer. This will allow him more time to act than with the voluntary detention by the Customs authorities. Such interim court orders are valid for 12 months and may be renewed upon request. This has in fact turned out to be an effective system against the import of counterfeit goods.
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| Cecilie Bakken |
Bryn Aarflot AS
Kongens gate 15
PO Box 449 Sentrum
NO-0104 Oslo, Norway
Tel: +47 46 90 30 00
Fax: +47 22 00 31 31
mailto@baa.no
www.brynaarflot.com