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Navigating Trademarks and Copyrights in Norway

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Thommessen has written the chapter regarding Norway in Chambers Trade Mark & Copyright Guide 2024.

The chapter, written by Partners Camilla Vislie and Magnus Hauge Greaker, Managing Associate Helene Charlotte Bjørgo and Senior Associate Amalie Hauge Pedersen, features both a "Law and Practice" section, as well as an article featuring "Trends and Developments".

You can read the chapter in its entirety here.

Law and practice

In the "Law and Practice" section, you will find comprehensive information about trademarks and copyright-protected works in Norway. The guide provides insight into the various types of trademarks that are recognized in Norway and the conditions for obtaining trademark protection. It also includes guidance on the trademark registration and application process, along with general information about the trademark register.

– Unlike for trademarks, copyright protection is not subject to registration in Norway. The guide includes information on the criteria necessary to qualify for copyright protection and the type of works eligible for such protection. It also offers insights into assigning and licensing your copyright to others, says Camilla.

Another topic covered in the guide is the process of initiating an infringement lawsuit. The guide includes information on potential defenses that can be employed against claims of trademark or copyright infringement. You will also find practical information on the remedies available for trademark and copyright infringement cases.

– The guide aims to provide answers to most questions you may have about trademarks and copyright-protected works in Norway. It serves as a valuable resource for understanding the legal framework and procedures related to trademarks and copyrights in the country, adds Magnus.

Trade Mark & Copyright Guide 2024

The guide provides the latest legal information on domestic law and international conventions/treaties as they apply to trade marks and copyright; ownership, terms of protection and registration of rights; authorship, collective works and copyright management systems; opposition, revocation and cancellation procedures; assignment and licensing of rights; initiating a lawsuit; remedies; and appeals.

Trends and Developments

The trends and developments article for Norwegian trademark and copyright law explores the growing trend in Norwegian courts of denying trademark registrations due to their descriptive nature, even when these marks have been registered by the European Union Intellectual Office (EUIPO). The article explores three cases that illustrate this trend: the TRUSHSHOP case, the ZEROVISION case, and the ELTORQUE case.

– In the realm of Norwegian copyright law, it is no surprise that the hot topic is Artificial Intelligence (AI). The article related to trends and developments in Norwegian copyright discusses the impact of AI on Norwegian copyright law, such as the challenges AI presents to copyright holders' exclusive rights, particularly in relation to AI training and the use of AI-generated results, says Helene and Amalie.

The article also discusses the impact of the new suggested framework on platform liability, which imposes copyright liability on providers of online content-sharing services.

Read the chapter here.

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