Norway is part of the European Economic Area but not part of the EU, hence EU designs do not offer protection in the Norwegian territory. Up until now, the only possibility for protection of designs in Norway has been through national filings.
However, as from June 17 2010, the Hague System for International Registration of Designs will extend to Norway, which means that citizens, companies and intergovernmental organisations in countries which are party to the Geneva Act will be able to designate Norway under an international design application. The accession to the Geneva Act is anticipated to increase the number of design filings in Norway but it will presumably also lower the tnumber of Norwegians wishing to apply for design protection in other jurisdictions.
Though Norway is not part of the EU, the Norwegian Design Act is based on the same principles as the European Council Regulation (ECR) 6/2002 on Community Designs. The system in Norway is therefore similar to the EU design system, including the possibility to file multiple applications in one design application. Furthermore, the Norwegian Industrial Property Office will not examine whether the design meets the novelty criteria, but will merely publish the design for third party oppositions. The opposition period is two months from publication, but administrative cancellation of designs is possible throughout the registration period under the claim that the design does not meet the registration requirements.
Unlike ECR 6/2002, Norway does not offer protection to unregistered designs. Consequently, the owner must file a national application or designate Norway via the Hague System in order to obtain protection for designs in Norway.
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| Celine Varmann Jørgensen |
Bryn Aarflot AS
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