IP/C/W/117/Add.7/Rev.1  
7 February  2019 
(19-0744) Page: 1/27 
Council for Trade -Related Aspects of  
Intellectual Property Rights  Original:  English  
 
  
REVIEW UNDER ARTICLE  24.2 OF THE APPLICA TION OF THE  
PROVISIONS OF THE SE CTION OF THE TRIPS A GREEMENT  
ON GEOGRAPHICAL INDI CATIONS  
RESPONSES TO THE CHECKLIST OF QUESTIONS1 
NORWAY  
Revision  
 
The present document contains responses to the Checklist of Questions which the Secretariat has 
received from the delegation of Norway on 7 November 2018 . 
 
_______________  
 
 
A. GENERAL  
1. Is protection for geographical indications provided through unfair competition law, e.g., 
passing off, false designation of origin; through a formal procedure for 
notification/registration before protection is available; or through both? Does the 
recognition of a geographical indication require registration?  
Protection fo r geographical indications in Norway is provided under both unfair competition law and 
through a formal procedure of registration. The recognition of a geographical indication does not 
necessarily require registration, but the use of a registration system may strengthen the protection 
conferred. Geographical indications are protected, as required by Article 22.2 and 22.3 of the 
TRIPS  Agreement, through the Marketing Control Act (2009) and the Trademarks Act (2010).  
Under the Marketing Control Act, consumers  are protected against unfair and misleading commercial 
practices and misleading act in Sections 6 and 7. The provisions read as follows2: 
"Section 6. Unfair commercial practices  
Unfair commercial practices shall be prohibited.  
A commercial practice shall be unfair if it conflicts with good business practice towards consumers 
and is likely materially to distort the economic behaviour of consumers, causing them to make 
decisions they would not otherwise have made.  
                                                
1 Documents IP/C/13 and IP/C/13/Add.1. The four questions communicated in IP/ C/13/Add.1 have been 
added to Sections A, B and F of the Checklist and appear as questions 7(a), 16(a), 16(b) and 46(a).  
2 Disclaimer: Translations of Norwegian legislation are unofficial and for information purposes only.  Should 
there be any differences between the translation and the authentic Norwegian text, the authentic Norwegian text 
prevails.  IP/C/W/117/Add.7/Rev.1  
- 2 - 
  A commercial practice shall always be unfair  if it is misleading pursuant to section 7 or section 8, or 
aggressive pursuant to section 9.  
…" 
"Section 7. Misleading acts  
A commercial practice shall be considered misleading if it contains false information and is therefore 
untruthful, or if it is otherwise likely to deceive consumers in relation to one or more of the following 
elements:  
a) the existence or nature of the product,  
b) the main characteristics of the product, such as its availability, benefits or risks, the 
product 's execution, quantity, composition, specifications, accessories, origin, method and 
date of manufacture or provision of the product, delivery, usage or fitness for purpose, results 
to be expected from its use, tests or checks carried out on the product, or after -sale s ervice 
and complaint -handling,  
The practice shall nevertheless only be regarded as misleading if it is likely to cause consumers to 
make an economic decision that they would not otherwise have made.  
Any marketing of a product, including comparative adverti sing, which creates confusion with the 
product or trade mark, trade name or other distinguishing mark of a competitor, shall also be 
considered misleading. " 
The interests of traders are protected in Sections 25 and 26 of the Marketing Act, which reads as 
follows:  
"Section 25. Good business practice  
No act shall be performed in the course of trade which conflicts with good business practice among 
traders.  
Section 26. Misleading business methods  
It shall be prohibited in the course of trade to use an incorrec t or otherwise misleading representation 
which is likely to influence the demand for or supply of goods, services or other products. In this 
chapter, «representation» shall mean any form of announcement or statement made orally, in 
writing or otherwise, th us including descriptions, pictures, demonstrations, the form, size or type of 
packaging, etc.  
…". 
Under the trademark registration procedure, Geographical Indications dealt with in Section 14 of the 
Trademarks Act. The provision reads as follows:  
"Sectio n 14. General conditions of registration  
A trademark to be registered shall consist of a sign which is capable of being protected 
pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character 
as a sign for the rele vant goods or services.  
A trademark cannot be registered if it exclusively, or only with insignificant changes or 
additions, consists of signs or indications that:  
- indicate the kind, quality, quantity, intended purpose, value or geographical origin of th e 
goods or services, the time of production of the goods or of the rendering of the services or 
other characteristics of the goods or services, or  IP/C/W/117/Add.7/Rev.1  
- 3 - 
  - constitute customary designations for the goods or services according to normal linguistic 
usage or to loyal, established business practice.  
The conditions in paragraphs one and two shall be met on both the date of application and 
the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence 
two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed 
on the date of application, in particular effects of use of the trademark prior to this time.  
A mark that is used in an industrial or commercial undertaking to  designate the geographical  
origin of a product or service may, notwithstanding the second  paragraph letter a), be registered as 
a collective mark. " 
A provision on prohibition of registration of misleading trademarks is found in:  
"Section 15. Trademarks that conflict with public int erests  
A trademark cannot be registered if it:  
… 
2. is liable to deceive, for example in respect of the nature, quality or geographical origin of 
the goods or services, " 
The deceiving use of a geographical indication in a trademark may be prohibited in acc ordance with 
the Trademarks Act section 10:  
"Section  10. Deceiving trademarks, etc.  
If a trademark is of such nature as to deceive or is used by the trademark proprietor or by 
any other person with the consent of the trademark proprietor in a manner capab le to deceive, a 
court may prohibit the use of the trademark or such forms of use that are considered deceiving and 
may issue other injunctions that are considered necessary.  
Legal actions pursuant to paragraph one may be brought by the Norwegian Industria l 
Property Office and by anyone who has a legal interest in doing so. " 
The special protection required for wines and spirits under Article 23.1 and 23.2 of the TRIPS 
Agreement is set out in Section 31 of the Marketing Control Act and Section 15 para graph  2 of the 
Trademarks Act. The provisions read:  
MARKETING CONTROL ACT  
"Section 31. Application  of incorrect geographical indications to wines and spirits  
It shall be prohibited in the course of trade to apply a geographical indication to a wine or spirit 
which does not originate from the geographical location designated by the indication. This shall apply 
even if the actual place of origin is also stated, or if the geographical indication has been translated 
or is followed by an expression like «kind», «ty pe», «imitation», or something similar. " 
TRADEMARKS ACT  
"Section  15. Trademarks that conflict with public interests  
… 
For wine and spirits, it is not permissible to register a trademark that consists of or contains anything 
that is liable to be understood as a geographical indication of origin, unless the geographical origin 
of the goods is in accordance with the indication. " IP/C/W/117/Add.7/Rev.1  
- 4 - 
  Norway has adopted a sui generis regime for protection of geographical indications, designations of 
origin, and traditional specialti es for agricultural products and foodstuffs, which provides protection 
above TRIPS -level for geographical indications fulfilling the set criteria. The legal basis for this 
system is found in Section 30 of the Food Production and Safety Act (2003).  
Regulat ion No. 698 of 5 July 2002 (as amended) establishes the criteria and procedures for the 
certification of GIs, designations of origin, (and traditional specialties for foodstuffs) (other than 
waters, wine, and spirits). Decisions to grant such protection ar e made by the Norwegian Food Safety 
Authority (Mattilsynet). The applicant, who may be a group of primary producers and/or processors 
or a legal person (i.e. not a group), then becomes the holder of the registered indication or 
designation. The scheme has been administered by the Norwegian Food Branding Foundation 
(Matmerk) since 2007. Although there are time variations, on average an application is processed 
within 18 months.  
Norway does not participate in the EU registration systems for agricultural products and foodstuffs, 
as agriculture falls outside the scope of the EEA Agreement. Registration is thus required both in the 
EU system as well as in the national system of Norway to enjoy protection against misuse, imitations, 
etc. in both markets. Two Norwegian specialties ( "Fenalår from Norway " and "Stockfish from 
Lofoten ") have been certified as GIs in the European Union and are thus provided the same 
protection there as registered products from EU Member States.  
The EU systems for the protection of GIs for wines, spirits and aromatized drinks have, on the other 
hand, been incorporated into the EEA Agreement, and these GIs thus enjoy the same protection in 
Norway as of the registration in the EU. Norway has two such GIs – Norsk Akevitt (Norwegian 
Aquavit) and Norsk Vodka (Norwegian Vodka ").  
2. Is there one single regime of protection of geographical indications for all products? If 
not, identify the different regimes.  
Protection for geographical indications in Norway is provided under both unfair comp etition law and 
through a formal procedure of registration. The recognition of a geographical indication does not 
necessarily require registration, but the use of a registration system may strengthen the protection 
conferred. Geographical indications are p rotected, as required by Article 22.2 and 22.3 of the TRIPS 
Agreement, through the Marketing Control Act (2009) and the Trademarks Act (2010).  
Under the Marketing Control Act, consumers are protected against unfair and misleading commercial 
practices and m isleading act in Sections 6 and 7. The provisions read as follows:  
"Section 6. Unfair commercial practices  
Unfair commercial practices shall be prohibited.  
A commercial practice shall be unfair if it conflicts with good business practice towards consumers 
and is likely materially to distort the economic behaviour of consumers, causing them to make 
decisions they would not otherwise have made.  
… 
A commercial practice shall always be unfair if it is misleading pursuant to section 7 or section 8, or 
aggressive  pursuant to section 9.  
…" 
"Section 7. Misleading acts  
A commercial practice shall be considered misleading if it contains false information and is therefore 
untruthful, or if it is otherwise likely to deceive consumers in relation to one or more of the fo llowing 
elements:  
a) the existence or nature of the product,  IP/C/W/117/Add.7/Rev.1  
- 5 - 
  b) the main characteristics of the product, such as its availability, benefits or risks, the 
product 's execution, quantity, composition, specifications, accessories, origin, method and 
date of ma nufacture or provision of the product, delivery, usage or fitness for purpose, results 
to be expected from its use, tests or checks carried out on the product, or after -sale service 
and complaint -handling,  
 
The practice shall nevertheless only be regarded  as misleading if it is likely to cause consumers to 
make an economic decision that they would not otherwise have made.  
Any marketing of a product, including comparative advertising, which creates confusion with the 
product or trade mark, trade name or oth er distinguishing mark of a competitor, shall also be 
considered misleading. " 
The interests of traders are protected in Sections 25 and 26 of the Marketing Act, which reads as 
follows:  
"Section 25. Good  business practice  
No act shall be performed in the course of trade which conflicts with good business practice among 
traders.  
Section 26. Misleading  business methods  
It shall be prohibited in the course of trade to use an incorrect or otherwise misleading representation 
which is likely to influence the dem and for or supply of goods, services or other products. In this 
chapter, «representation» shall mean any form of announcement or statement made orally, in 
writing or otherwise, thus including descriptions, pictures, demonstrations, the form, size or type o f 
packaging, etc.  
…". 
Under the trademark registration procedure, Geographical Indications dealt with in Section 14 of the 
Trademarks Act. The provision reads as follows:  
"Section  14. General conditions of registration  
A trademark to be registered shall consist of a sign which is capable of being protected 
pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character 
as a sign for the relevant goods or services.  
A trademark cannot be registered if it exclusively, or only with insignificant changes or 
additions, consists of signs or indications that:  
indicate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of the rendering o f the services or other 
characteristics of the goods or services, or  
constitute customary designations for the goods or services according to normal linguistic usage or 
to loyal, established business practice.  
The conditions in paragraphs one and two shall  be met on both the date of application and 
the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence 
two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed 
on the date of  application, in particular effects of use of the trademark prior to this time.  
A mark that is used in an industrial or commercial undertaking to  designate the geographical 
origin of a product or service may, notwithstanding the second  paragraph letter a),  be registered as 
a collective mark. " IP/C/W/117/Add.7/Rev.1  
- 6 - 
  A provision on prohibition of registration of misleading trademarks is found in:  
"Section 15. Trademarks that conflict with public interests  
A trademark cannot be registered if it:  
… 
2. is liable to deceive, for exampl e in respect of the nature, quality or geographical origin of 
the goods or services, " 
The deceiving use of a geographical indication in a trademark may be prohibited in accordance with 
the Trademarks Act section 10:  
"Section  10. Deceiving trademarks, etc.  
If a trademark is of such nature as to deceive or is used by the trademark proprietor or by 
any other person with the consent of the trademark proprietor in a manner capable to deceive, a 
court may prohibit the use of the trademark or such forms of use th at are considered deceiving and 
may issue other injunctions that are considered necessary.  
Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial 
Property Office and by anyone who has a legal interest in doing so. " 
The special p rotection required for wines and spirits under Article 23.1 and 23.2 of the TRIPS 
Agreement is set out in Section 31 of the Marketing Control Act and Section 15 para graph  2 of the 
Trademarks Act. The provisions read:  
MARKETING CONTROL ACT  
"Section 31.  Application of incorrect geographical indications to wines and spirits  
It shall be prohibited in the course of trade to apply a geographical indication to a wine or spirit 
which does not originate from the geographical location designated by the indication. T his shall apply 
even if the actual place of origin is also stated, or if the geographical indication has been translated 
or is followed by an expression like «kind», «type», «imitation», or something similar. " 
TRADEMARKS ACT  
"Section  15. Trademarks that conflict with public interests  
… 
For wine and spirits, it is not permissible to register a trademark that consists of or contains anything 
that is liable to be understood as a geographical indication of origin, unless the geographical origin 
of the goods i s in accordance with the indication. " 
Norway has adopted a sui generis regime for protection of geographical indications, designations of 
origin, and traditional specialties for agricultural products and foodstuffs, which provides protection 
above TRIPS -level for geographical indications fulfilling the set criteria. The legal basis for this 
system is found in Section 30 of the Food Production and Safety Act (2003).  
Regulation No. 698 of 5 July 2002 (as amended) establishes the criteria and procedures for t he 
certification of GIs, designations of origin, (and traditional specialties for foodstuffs) (other than 
waters, wine, and spirits). Decisions to grant such protection are made by the Norwegian Food Safety 
Authority (Mattilsynet). The applicant, who may b e a group of primary producers and/or processors 
or a legal person (i.e. not a group), then becomes the holder of the registered indication or 
designation. The scheme has been administered by the Norwegian Food Branding Foundation 
(Matmerk) since 2007. Alt hough there are time variations, on average an application is processed 
within 18 months.  IP/C/W/117/Add.7/Rev.1  
- 7 - 
  Norway does not participate in the EU registration systems for agricultural products and foodstuffs, 
as agriculture falls outside the scope of the EEA Agreement. Registration is thus required both in the 
EU system as well as in the national system of Norway to enjoy protection against misuse, imitations, 
etc. in both markets. Two Norwegian specialties ( "Fenalår from Norway " and "Stockfish from 
Lofoten ") have been c ertified as GIs in the European Union and are thus provided the same 
protection there as registered products from EU Member States.  
The EU systems for the protection of GIs for wines, spirits and aromatized drinks have, on the other 
hand, been incorporate d into the EEA Agreement, and these GIs thus enjoy the same protection in 
Norway as of the registration in the EU. Norway has two such GIs – Norsk Akevitt (Norwegian 
Aquavit) and Norsk Vodka (Norwegian Vodka ").  
3. Do(es) the regime(s) of protection of geo graphical indications also extend to services?  
The general provisions on protection provided in the Trademarks Act and the Marketing Control Act 
(see the reply to question 1 above) extend to services. The sui generis registration systems for 
geographical i ndications do not extend to services.   
4. What provisions of law or regulations are directed to the recognition of geographical 
indications required by Articles 22.2 and 23.1 of the TRIPS Agreement? Citations to laws 
should be provided and, if the texts o f the laws have not been notified to the WTO, copies 
should be provided pursuant to Article 63.2.  
Protection for geographical indications in Norway is provided under both unfair competition law and 
through a formal procedure of registration. The recognitio n of a geographical indication does not 
necessarily require registration, but the use of a registration system may strengthen the protection 
conferred. Geographical indications are protected, as required by Article 22.2 and 22.3 of the TRIPS 
Agreement, thr ough the Marketing Control Act (2009) and the Trademarks Act (2010).  
Under the Marketing Control Act, consumers are protected against unfair and misleading commercial 
practices and misleading act in Sections 6 and 7. The provisions read as follows:  
"Sectio n 6. Unfair  commercial practices  
Unfair commercial practices shall be prohibited.  
A commercial practice shall be unfair if it conflicts with good business practice towards consumers 
and is likely materially to distort the economic behaviour of consumers, c ausing them to make 
decisions they would not otherwise have made.  
… 
A commercial practice shall always be unfair if it is misleading pursuant to section 7 or section 8, or 
aggressive pursuant to section 9.  
…" 
"Section 7.  Misleading acts  
A commercial practice shall be considered misleading if it contains false information and is therefore 
untruthful, or if it is otherwise likely to deceive consumers in relation to one or more of the following 
elements:  
a) the existence or nature of the product,  
b) the main characteristics of the product, such as its availability, benefits or risks, the 
product 's execution, quantity, composition, specifications, accessories, origin, method and 
date of manufacture or provision of the product, delivery, usage or fitness fo r purpose, results 
to be expected from its use, tests or checks carried out on the product, or after -sale service 
and complaint -handling,  
 IP/C/W/117/Add.7/Rev.1  
- 8 - 
  The practice shall nevertheless only be regarded as misleading if it is likely to cause consumers to 
make an economi c decision that they would not otherwise have made.  
Any marketing of a product, including comparative advertising, which creates confusion with the 
product or trade mark, trade name or other distinguishing mark of a competitor, shall also be 
considered mis leading. " 
The interests of traders are protected in Sections 25 and 26 of the Marketing Act, which reads as 
follows:  
"Section 25.  Good business practice  
No act shall be performed in the course of trade which conflicts with good business practice among 
traders. 
Section 26.  Misleading business methods  
It shall be prohibited in the course of trade to use an incorrect or otherwise misleading representation 
which is likely to influence the demand for or supply of goods, services or other products. In this 
chapte r, «representation» shall mean any form of announcement or statement made orally, in 
writing or otherwise, thus including descriptions, pictures, demonstrations, the form, size or type of 
packaging, etc.  
…". 
Under the trademark registration procedure, Geographical Indications dealt with in Section 14 of the 
Trademarks Act. The provision reads as follows:  
"Section  14. General conditions of registration  
A trademark to be registered shall consist of a sign which  is capable of being protected 
pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character 
as a sign for the relevant goods or services.  
A trademark cannot be registered if it exclusively, or only with insignific ant changes or 
additions, consists of signs or indications that:  
indicate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of the rendering of the services or other  
characteristics of the goods or services, or  
constitute customary designations for the goods or services according to normal linguistic usage or 
to loyal, established business practice.  
The conditions in paragraphs one and two shall be met on both the dat e of application and 
the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence 
two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed 
on the date of application, in partic ular effects of use of the trademark prior to this time.  
A mark that is used in an industrial or commercial undertaking to  designate the geographical 
origin of a product or service may, notwithstanding the second  paragraph letter a), be registered as 
a collective mark. " 
A provision on prohibition of registration of misleading trademarks is found in:  
"Section 15. Trademarks that conflict with public interests  
A trademark cannot be registered if it:  
… IP/C/W/117/Add.7/Rev.1  
- 9 - 
  2. is liable to deceive, for example in respect of the nature, quality or geographical origin of 
the goods or services, " 
The deceiving use of a geographical indication in a trademark may be prohibited in accordance with 
the Trademarks Act section 10:  
"Section  10. Deceiving trademarks, etc.  
If a trademark is o f such nature as to deceive or is used by the trademark proprietor or by 
any other person with the consent of the trademark proprietor in a manner capable to deceive, a 
court may prohibit the use of the trademark or such forms of use that are considered de ceiving and 
may issue other injunctions that are considered necessary.  
Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial 
Property Office and by anyone who has a legal interest in doing so. " 
The special protection required f or wines and spirits under Article 23.1 and 23.2 of the TRIPS 
Agreement is set out in Section 31 of the Marketing Control Act and Section 15 para graph  2 of the 
Trademarks Act. The provisions read:  
MARKETING CONTROL ACT  
"Section 31.  Application of incorrec t geographical indications to wines and spirits  
It shall be prohibited in the course of trade to apply a geographical indication to a wine or spirit 
which does not originate from the geographical location designated by the indication. This shall apply 
even if the actual place of origin is also stated, or if the geographical indication has been translated 
or is followed by an expression like «kind», «type», «imitation», or something similar. " 
TRADEMARKS ACT  
"Section  15. Trademarks that conflict with public i nterests  
… 
For wine and spirits, it is not permissible to register a trademark that consists of or contains anything 
that is liable to be understood as a geographical indication of origin, unless the geographical origin 
of the goods is in accordance with t he indication. " 
Norway has adopted a sui generis regime for protection of geographical indications, designations of 
origin, and traditional specialties for agricultural products and foodstuffs, which provides protection 
above TRIPS -level for geographical i ndications fulfilling the set criteria. The legal basis for this 
system is found in Section 30 of the Food Production and Safety Act (2003).  
Regulation No. 698 of 5 July 2002 (as amended) establishes the criteria and procedures for the 
certification of GIs, designations of origin, (and traditional specialties for foodstuffs) (other than 
waters, wine, and spirits). Decisions to grant such protection are made by the Norwegian Food Safety 
Authority (Mattilsynet). The applicant, who may be a group of primary  producers and/or processors 
or a legal person (i.e. not a group), then becomes the holder of the registered indication or 
designation. The scheme has been administered by the Norwegian Food Branding Foundation 
(Matmerk) since 2007. Although there are time  variations, on average an application is processed 
within 18 months.  
Norway does not participate in the EU registration systems for agricultural products and foodstuffs, 
as agriculture falls outside the scope of the EEA Agreement. Registration is thus re quired both in the 
EU system as well as in the national system of Norway to enjoy protection against misuse, imitations, 
etc. in both markets. Two Norwegian specialties ( "Fenalår from Norway " and "Stockfish from 
Lofoten ") have been certified as GIs in the European Union and are thus provided the same 
protection there as registered products from EU Member States.  IP/C/W/117/Add.7/Rev.1  
- 10 - 
  The EU systems for the protection of GIs for wines, spirits and aromatized drinks have, on the other 
hand, been incorporated into the EEA Agreemen t, and these GIs thus enjoy the same protection in 
Norway as of the registration in the EU. Norway has two such GIs – Norsk Akevitt (Norwegian 
Aquavit) and Norsk Vodka (Norwegian Vodka ").  
5. If the required recognition of geographical indications is not p rovided through statutes 
or regulations, please explain, in detail, the mechanism or mechanisms through which the 
protection required is provided.  
Protection for geographical indications in Norway is provided under both unfair competition law and 
through a  formal procedure of registration. The recognition of a geographical indication does not 
necessarily require registration, but the use of a registration system may strengthen the protection 
conferred. Geographical indications are protected, as required by Article 22.2 and 22.3 of the TRIPS 
Agreement, through the Marketing Control Act (2009) and the Trademarks Act (2010).  
Under the Marketing Control Act, consumers are protected against unfair and misleading commercial 
practices and misleading act in Sections  6 and 7. The provisions read as follows:  
"Section 6.  Unfair commercial practices  
Unfair commercial practices shall be prohibited.  
A commercial practice shall be unfair if it conflicts with good business practice towards consumers 
and is likely materially to distort the economic behaviour of consumers, causing them to make 
decisions they would not otherwise have made.  
… 
A commercial practice shall always be unfair if it is misleading pursuant to section 7 or section 8, or 
aggressive pursuant to section 9.  
…" 
"Section 7.  Misleading acts  
A commercial practice shall be considered misleading if it contains false information and is therefore 
untruthful, or if it is otherwise likely to deceive consumers in relation to one or more of the following 
elements:  
a) the existence or nature of the product,  
b) the main characteristics of the product, such as its availability, benefits or risks, the 
product 's execution, quantity, composition, specifications, accessories, origin, method and 
date of manufacture or provision of  the product, delivery, usage or fitness for purpose, results 
to be expected from its use, tests or checks carried out on the product, or after -sale service 
and complaint -handling,  
The practice shall nevertheless only be regarded as misleading if it is lik ely to cause consumers to 
make an economic decision that they would not otherwise have made.  
Any marketing of a product, including comparative advertising, which creates confusion with the 
product or trade mark, trade name or other distinguishing mark of a  competitor, shall also be 
considered misleading. " 
The interests of traders are protected in Sections 25 and 26 of the Marketing Act, which reads as 
follows:  
"Section 25.  Good business practice  
No act shall be performed in the course of trade which conflic ts with good business practice among 
traders.  IP/C/W/117/Add.7/Rev.1  
- 11 - 
  Section 26.  Misleading business methods  
It shall be prohibited in the course of trade to use an incorrect or otherwise misleading representation 
which is likely to influence the demand for or supply of goods, s ervices or other products. In this 
chapter, «representation» shall mean any form of announcement or statement made orally, in 
writing or otherwise, thus including descriptions, pictures, demonstrations, the form, size or type of 
packaging, etc.  
…". 
Under t he trademark registration procedure, Geographical Indications dealt with in Section 14 of the 
Trademarks Act. The provision reads as follows:  
"Section  14. General conditions of registration  
A trademark to be registered shall consist of a sign which is cap able of being protected 
pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character 
as a sign for the relevant goods or services.  
A trademark cannot be registered if it exclusively, or only with insignificant cha nges or 
additions, consists of signs or indications that:  
indicate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of the rendering of the services or other 
charac teristics of the goods or services, or  
constitute customary designations for the goods or services according to normal linguistic usage or 
to loyal, established business practice.  
The conditions in paragraphs one and two shall be met on both the date of application and 
the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence 
two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed 
on the date of application, in particular effects of use of the trademark prior to this time.  
A mark that is used in an industrial or commercial undertaking to  designate the geographical 
origin of a product or service may, notwithstanding the second  paragraph letter a), be registered as 
a collecti ve mark. " 
A provision on prohibition of registration of misleading trademarks is found in:  
"Section 15. Trademarks that conflict with public interests  
A trademark cannot be registered if it:  
… 
2. is liable to deceive, for example in respect of the nature, quality or geographical origin of 
the goods or services, " 
The deceiving use of a geographical indication in a trademark may be prohibited in accordance with 
the Trademarks Act section 10:  
"Section  10. Deceiving trademarks, etc.  
If a trademark is of such n ature as to deceive or is used by the trademark proprietor or by 
any other person with the consent of the trademark proprietor in a manner capable to deceive, a 
court may prohibit the use of the trademark or such forms of use that are considered deceiving and 
may issue other injunctions that are considered necessary.  IP/C/W/117/Add.7/Rev.1  
- 12 - 
  Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial 
Property Office and by anyone who has a legal interest in doing so. " 
The special protection required for wines  and spirits under Article 23.1 and 23.2 of the TRIPS 
Agreement is set out in Section 31 of the Marketing Control Act and Section 15 para graph  2 of the 
Trademarks Act. The provisions read:  
MARKETING CONTROL ACT  
"Section 31.  Application of incorrect geogra phical indications to wines and spirits  
It shall be prohibited in the course of trade to apply a geographical indication to a wine or spirit 
which does not originate from the geographical location designated by the indication. This shall apply 
even if the actual place of origin is also stated, or if the geographical indication has been translated 
or is followed by an expression like «kind», «type», «imitation», or something similar. " 
TRADEMARKS ACT  
 "Section  15. Trademarks that conflict with public interest s 
… 
For wine and spirits, it is not permissible to register a trademark that consists of or contains anything 
that is liable to be understood as a geographical indication of origin, unless the geographical origin 
of the goods is in accordance with the indi cation. " 
Norway has adopted a sui generis regime for protection of geographical indications, designations of 
origin, and traditional specialties for agricultural products and foodstuffs, which provides protection 
above TRIPS -level for geographical indicati ons fulfilling the set criteria. The legal basis for this 
system is found in Section 30 of the Food Production and Safety Act (2003).  
Regulation No. 698 of 5 July 2002 (as amended) establishes the criteria and procedures for the 
certification of GIs, desi gnations of origin, (and traditional specialties for foodstuffs) (other than 
waters, wine, and spirits). Decisions to grant such protection are made by the Norwegian Food Safety 
Authority (Mattilsynet). The applicant, who may be a group of primary producer s and/or processors 
or a legal person (i.e. not a group), then becomes the holder of the registered indication or 
designation. The scheme has been administered by the Norwegian Food Branding Foundation 
(Matmerk) since 2007. Although there are time variatio ns, on average an application is processed 
within 18 months.  
Norway does not participate in the EU registration systems for agricultural products and foodstuffs, 
as agriculture falls outside the scope of the EEA Agreement. Registration is thus required bo th in the 
EU system as well as in the national system of Norway to enjoy protection against misuse, imitations, 
etc. in both markets. Two Norwegian specialties ( "Fenalår from Norway " and "Stockfish from 
Lofoten ") have been certified as GIs in the European Union and are thus provided the same 
protection there as registered products from EU Member States.  
The EU systems for the protection of GIs for wines, spirits and aromatized drinks have, on the other 
hand, been incorporated into the EEA Agreement, and these GIs thus enjoy the same protection in 
Norway as of the registration in the EU. Norway has two suc h GIs – Norsk Akevitt (Norwegian 
Aquavit) and Norsk Vodka (Norwegian Vodka ").  
6. Please provide a few examples of domestic geographical indications protected in 
accordance with the means discussed above and indicate the means by which such 
protection is provided.  
As of November 2018, 29 Norwegian foodstuffs have been certified as GIs under the Norwegian sui 
generis system, designations of origin, or designations with traditional character, including 
Norwegian "Pinnekjøtt " (lamb), Norwegian "Fenalår "; "Stockfish from Lofoten "; two types of local 
cheeses; apples, sweet cherries, and plums (from Telemark or Hardanger); and pears, apple juice, 
and cider (from Hardanger) as well as turnips from Northern Norway.  IP/C/W/117/Add.7/Rev.1  
- 13 - 
  7. Is the higher level of protection required for  wines and spirits under Article 23.2 of the 
TRIPS Agreement provided for any other product? If so, please specify such products and 
the law under which they are protected.  
Geographical indications for agricultural products and foodstuffs registered under the national 
system enjoy a similar protection as GI 's for wines and spirits under Article 23.2 of TRIPS.  
7(a). Does your economy 's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or spirits against products not originating in 
the place indicated by the geographical indication, even where the true origin of the goods 
is indicated or the geographical indication is used in translation or accompanied by 
expressions such as "kind", "type", "style ", "imitation " or the like?  
 
Yes, this follows from Section 31 of the Marketing Control Act, please see reply to question 1 above.  
 
B. DEFINITION AND CRITERIA FOR RECOGNITION  
8. How are geographical indications defined?  
There is no general definition of geogra phical indications in Norwegian law.  
Regulation No. 698 of 5 July 2002 (as amended) (the Regulation) establishes the criteria and 
procedures for the certification of GIs, designations of origin, and designations with traditional 
character for agricultural  products and foodstuffs under the specific system in Norway.  
9. Would such a definition comprise geographical indications identifying products of a 
certain quality or reputation which are indirectly linked to a specific region?  
There has to be a link bet ween the region and the product, and the requirements are stricter for 
designations of origin than for geographical indications. For traditional specialties, which are not GI 's 
a direct link to a specific region is not required, as long as the product is p roduced using traditional 
ingredients or traditional production methods.   
10. In determining whether recognition should be given a geographical indication, what 
criteria are considered?  
According to Section 5 of the Regulation, a protected designation of origin is  
1. the name of an area or a specific place,  
2. used as a designation for a foodstuff, which comes from such an area or place and  
3. the quality or properties of the foodstuff are signi ficantly or exclusively determined by the 
geographical environment, including natural and human factors and  
4. the production, processing and preparation takes place within the determined geographical 
area. 
Exceptions to the criteria in Section 5 are found in  Section 6 of the Regulation:  
A non -geographical designation may nonetheless be protection as a geographical designation for a 
foodstuff, if the designation traditionally is associated with a specific region or place. The other 
conditions set forth in Sect ion 5 must be fulfilled.  
Notwithstanding Section 5 n umber  2, 3 and 4, a geographical designation may be protected as a 
designation of origin if the raw material in a foodstuff originates in an area larger than or different 
from the processing area, provide d that:  
1. The production area of the raw material is defined  IP/C/W/117/Add.7/Rev.1  
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  2. Special condition for production of the raw materials applies,  
3. a control mechanism exists, ensuring the fulfilment of these criteria, and  
4. The designation is a traditional and has an exceptional reputation.  
In this provision, raw material includes living animals, meat and milk.  
The protected geographical indication is defined in Section 7 of the Regulation as  
1. the name of an area or a specific place,  
2. used as a description of a foodstuff which com es from such an area or place and  
3. which has a specific quality, goodwill or other characteristic property, attributable to its 
geographical origin and  
4. at least one of the stages of production, processing or preparation takes place in the area 
or place  
The traditional specialty -regime provides protection for foodstuffs with a specific character. It does 
not certify that the protected food product has a link to specific geographical area. Accordingly, 
traditional specialities are not GIs, and do not fall unde r the scope of this review.  
11. Is there any human creativity involved in the making of specific products under 
protection by the system of geographical indications? If so, how much? And do these 
products involve any human factors?  
Human factors may be rel evant for the determination of a designation of origin, see the reply to 
question 10 above. How much human creativity is or must be involved must be determined on a 
case-to-case basis.  
12. Are there any other intellectual property rights involved, such as patents for example?  
Other intellectual property rights are not involved. GI 's can alternatively be protected under the 
trademark system, by use of collective marks or guarantee/certification marks.  
13. What authority, if any, may define the geographic region or area for which rights are 
claimed and on what basis is such definition made?  
The applicant must define the geographical area covered by the right applied for in the application 
for registration of a GI or a designation of origin under the Norwegi an system. The Norwegian Food 
Safety Authority will determine whether it is substantiated that the criteria  for protection are fulfilled 
for the claimed geographical region or area.  
14. Does your legislation contain criteria for homonymous geographical ind ications for 
wines?  
The rules on homonymous GIs for wines in Regulation (EU) 1308/2013 article 100 and Regulation 
(EU) 251/2014 article 17 apply also to GIs for wine registered through the EU system that enjoy 
protection in Norway through the EEA Agreement .  
15. Does your national legislation provide for recognition and protection of geographical 
indications or appellations of origin of foreign countries ? 
Yes, geographical indications from foreign countries may be protected by registration under the sui 
generis system for protection of GIs and designations of origin for foodstuffs and  will then enjoy the 
same level of protection as Norwegian indications. Italian producer associations for three food 
specialties have applied for and been granted protection in Norway for Prosciutto di Parma, 
Parmigiano Reggiano, and Gorgonzola.  IP/C/W/117/Add.7/Rev.1  
- 15 - 
  Further, geographical indications from foreign countries may enjoy protection under the general 
provisions of the Marketing Control Act and the Trademarks Act on inter alia misleading use.  
16. Is there any specific prohibition in the legislation/regulations/rules/ procedures 
covering geographical indications not protected in the country of origin? If so, please 
specify the relevant statutory provision.  
No, there is no such provision in Norway.  
16(a) . Is there a clear distinction among the terms "geographical indicat ions", 
"appellations of origin " and "indications of source " in your economy 's industrial property 
law and/or related law, or are there any substantive criteria to distinguish these terms?  
 
There is a distinction between the terms "geographical indication " and "appellations of 
origin "/"designations of origin " for indications to be protected under the Norwegian sui generis 
protection system for foodstuffs, as well as under the EU systems for indications for wines and 
spirits. However, under the general provi sions of for instance the Marketing Control Act there is no 
distinction between these terms.  
 
16(b) . Does your legislation contain criteria for homonymous geographical indications for 
wines and spirits?  
 
Please see reply to question 14 above regarding wine s. For GIs for spirits, such criteria follow from 
Regulation (EC) No 110/2008 Article 19.  
 
C. PROCEDURE FOR RECOGNITION  
17. With respect to any formal system for recognition of geographical indications, must 
the applicant be a governmental organization or  can a private entity own the rights to a 
geographical indication ? 
According Section 15 of the Regulation, the applicant for a product regulation for or owner of a GI 
or designation of origin for foodstuff under the Norwegian system may be a group of primary 
producers and/or processors, or a legal person (i.e. not a group). The applicant for a new GI or 
designation of origin must himself produce, process or distribute the product for which protection is 
applied for.  
18. What are the competent authorities where the protection of a geographical indication 
can be obtained ? 
 
Decisions to grant such protection under the Norwegian system for foodstuffs are made by the 
Norwegian Food Safety Authority (Mattilsynet).  
19. Do the procedures which lead to the recognition of a geographical indication take place 
ex officio  or must they be based on the initiative of an entity or person?  
 
The procedures must be initiated by the group or entity seeking protection and  cannot take place ex 
officio.  
Anyone is enti tled to apply for the right to use a protected designation.  
20. What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication?  
 
As of November 2018, the fees for the processing of an application for a new produc t regulation 
setting out a designation of origin, a geographical designation, or a traditional specialty is NOK 
33 940, -. The same fee applies for obtaining an approval to use such designation under an existing 
product regulation.    
 
21. If criteria must be set out in an application for recognition of a geographical indication, 
are those criteria purely geographic in nature?  
 IP/C/W/117/Add.7/Rev.1  
- 16 - 
  According to Section 9 of the Regulation, the application for a GI or a designation of origin must 
contain:  
1. Designation of the food stuff, including the GI or the designation of origin  
2. A description of the foodstuff with information about the raw materials, the most important 
physical, chemical, microbiological or organoleptical  properties of the product  
3. A definition of the geographica l area together with information substantiating that the 
criteria in Section 6 [see question 10 above]  are fulfilled  
4. Information substantiating that the foodstuff originates in the designated geographical 
area, cf. Sections 5 or 7 [see question 10 above]    
5. A description of the method used for the production of the foodstuff and, if relevant, 
information about the original, traditional method used in that area. The packaging must 
be described if the applicant can substantiate that it is decisive for the qua lity of the 
foodstuff, the traceability and the control that the packaging is carried out within the 
designated geographical area.  
6. The indication of factors confirming the link to the geographical environment or the 
geographical origin, cf. Sections 5 or 7 and  
7. A proposal for the labelling of the product  
 
22. What other criteria, if any, must be set out in an application for recognition of a 
geographical indication ? 
 
According to Section 9 of the Regulation, the application for a GI or a designation of origin must 
contain:  
1. Designation of the foodstuff, including the GI or the designation of origin  
2. A description of the foodstuff with information about the raw materials , the most important 
physical, chemical, microbiological or organoleptical properties of the product  
3. A definition of the geographical area together with information substantiating that the 
criteria in Section 6 [see question 10 above]  are fulfilled  
4. Information substantiating that the foodstuff originates in the designated geographical 
area, cf. Sections 5 or 7 [see question 10 above]    
5. A description of the method used for the production of the foodstuff and, if relevant, 
information about the origin al, traditional method used in that area. The packaging must 
be described if the applicant can substantiate that it is decisive for the quality of the 
foodstuff, the traceability and the control that the packaging is carried out within the 
designated geogr aphical area.  
6. The indication of factors confirming the link to the geographical environment or the 
geographical origin, cf. Sections 5 or 7 and  
7. A proposal for the labelling of the product  
 
23. What information must be supplied in an application for right s in a geographical 
indication?  
 
The Norwegian Food Safety Authority (Mattilsynet) issues authorizations to use a GI or a designation 
of origin. The producer/applicant for an authorization must substantiate that the conditions set in 
the product regulation  are met.  
24. Must the goods or services with respect to which a geographical indication is claimed 
be set out?  
 
The Norwegian Food Safety Authority (Mattilsynet) issues authorizations to use a GI or a designation 
of origin. The producer/applicant for an authorization must substantiate that the conditions set in 
the product regulation are met.  
25. What mechanisms are provided to oppose the recognition of a geographical 
indication? How is an investigation conducted after such a complaint?  
 
According to Sect ion 20 of the Regulation, anyone may, in writing, oppose the registration of a 
product regulation for protection of a GI or a designation of origin within three months after the 
publication of the application. The Norwegian Food Safety Authority carries ou t the investigation 
after such complaint.  IP/C/W/117/Add.7/Rev.1  
- 17 - 
   
26. Who can oppose the recognition of a geographical indication?  
 
According to Section 20 of the Regulation, anyone may, in writing, oppose the registration of a 
product regulation for protection of a GI or a designation of origin within three months after the 
publication of the application. The Norwegian Food Safety Aut hority carries out the investigation 
after such complaint.  
 
27. If your national legislation provides for recognition and protection of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has 
to be followed in order to obtain such recognition and consequent protection?  
 
The procedure for foreign GIs for foodstuffs is the same as for national GIs. They must be registered 
under the national registration system. For wines and spirits, indications registered in t he EU systems 
enjoy protection also in Norway.  
 
D. MAINTENANCE  
28. How long does recognition for a geographical indication continue?  
 
The term of protection is indefinite.  
 
29. If recognition of a geographical indication must be renewed or reaffirmed, what 
information must be provided in order to effect such a renewal or reaffirmation? Specify 
any fees involved in renewal or reaffirmation.  
 
N/A. 
 
30. Must a geographical indicatio n be used in order to maintain rights? If so, how is such 
use determined?  
 
There is no obligation to use a GI or a designation of origin according to Norwegian law.  
 
31. Is there a specified limit for non ‑use before rights in a geographical indication cease 
and, if so, what is that limit?  
 
There is no obligation to use a GI or a designation of origin according to Norwegian law.  
 
32. Who monitors the use of geographical indications to determine if the criteria identified 
in the application continue to b e met?  
 
The Norwegian Food Safety Authority monitors the use of GIs and designations of origin registered 
under the Norwegian system, cf. Section 25 of the Regulation.  
 
33. If a government entity is responsible for monitoring the use of geographical 
indic ations, what are its procedures for doing so?  
 
The regional branches of the Norwegian Food Safety Authority monitor the use of GIs and 
designations of origin, cf. Section 25 of the Regulation.  
 
34. Are there means by which interested parties may request termination of a 
geographical indication based on non -use or failure to maintain the criteria identified in 
the application? Describe the procedure.  
 
Termination based on non -use is not applicable.  
Subject to Section 21 of the regulation, any interested p arty may claim the invalidation by the courts 
or by The Norwegian Food Safety Authority (Mattilsynet) of a product regulation registered under 
the Norwegian system, if the conditions to register the GI or the requirements for the content of a 
product regul ation were not met.  
The claim for invalidity submitted to the Food Safety Authority must be in writing and substantiate 
the claim.  IP/C/W/117/Add.7/Rev.1  
- 18 - 
  A claim for invalidation will be processed by the courts according to general civil procedural law.  
 
 
35. Do the procedures which lead to forfeiture of a geographical indication take place ex 
officio or must they be based on the initiative of an entity or person?  
 
A procedure which may lead to forfeiture of a product regulation for a GI or a designation of origin 
registered und er the Norwegian system must be initiated by an interested party and  will not take 
place ex officio.  
Authorisations for use of a GI or a designation of origin may be detained by the Norwegian Food 
Safety Authority if the user no longer fulfils the criteria  set out in the product regulation or the 
Regulation, cf Section 22 of the Regulation. The authorization may be changed if the product 
regulation is changed or cancelled.  
 
E. SCOPE OF RIGHTS AND USE  
36. May anyone who meets the criteria submitted to obtain recognition of a geographical 
indication use that geographical indication after recognition is given or must additional 
criteria or procedures be followed by that party before use is permitted?  
 
Anyone who meets the criteria may use a GI or a design ation of origin registered under the 
Norwegian system, but only after authorization to the individual user is given by the Norwegian Food 
Safety Authority.  
 
37. Who makes the determination regarding use of a geographical indication by particular 
parties, t he entity responsible for the recognition or the entity that obtained the 
recognition?  
 
The entity responsible for the recognition makes the determination (the Norwegian Food Safety 
Authority).  
 
38. Are there fees involved in receiving authorization to us e a particular geographical 
indication and, if so, what are those fees and how are they established?  
 
The fee for receiving an authorization to use a GI or a designation of origin is NOK 33  940 as of 
November 2018, cf Section 27 of the Regulation.  
 
39. If there is a dispute regarding use of a geographical indication by a particular party, 
what procedures are followed to resolve it?  
 
Any dispute regarding the use of a geographical indication by a party is to be settled by the courts 
in accordance with general civil procedural law.  
 
40. Must individual authorized users of a geographical indication use that geographical 
indication conti nually to retain their right to use it and, if so, how is their use determined 
and how long will disuse be permitted?  
 
There is no obligation to use the geographical indication to retain the right to use it.  
 
41. If there is a dispute over continuity of us e by a particular party, how is it resolved?  
 
N/A 
 
42. Does the regime for protection of geographical indications allow geographical 
indications to be licensed and, if so, what conditions are imposed on such licenses? If such 
conditions are not met, what i s the effect on the geographical indication?  
 
There are no specific provisions on licencing of GIs and designations of origin. Anyone may use a GI 
or a designation of origin under an existing product regulation as long as the conditions are fulfilled, 
after authorization from the Norwegian Food Safety Authority. The right to use the GI/designation IP/C/W/117/Add.7/Rev.1  
- 19 - 
  of origin is connected to the specific producer who applied for authorization and  is therefore not 
transferable and cannot be licenced.  
 
 
43. How is "grandfathered use " of a geographical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country?  
 
We do not believe this question is relevant to Norway, as we are not aware of any GI for wines or 
spirits of another Member having been us ed in Norway in a continuous manner for 10 years before 
15 April 1994.  
 
F. RELATIONSHIP TO TRADEMARKS  
44. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullifie d and impaired?  
 
Under Norwegian law, we generally apply the principle that the person being first to establish rights 
to a distinctive sign, prevails ( prior tempore, potior jure ). Thus, if rights to a trademark have been 
established prior to rights to a G I, the trademark will prevail.  
 
45. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.2 and 16.3 of the TRIPS Agreement are not nullified and 
impaired?  
 
We refer to the reply under question 44 regarding the principle mentioned there.  
 
46. What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark?  
 
Section 18 of the Regulation contains provisions to be used in case of a conflict between a GI and a 
younger tr ademark, ref. also Section 16 e of the Trademarks Act. An application for a trademark 
which conflicts with a GI already protected under a product regulation, will be refused. The same 
applies for GIs for wines and spirits protected under the EU registratio n systems providing protection 
in Norway.  
If use of a trademark would conflict with the right to an older GI, that would be dealt with by way 
of an infringement lawsuit or lawsuit based on unfair competition law, initiated by the GI holder 
before the cour ts.  
In the case of an earlier trademark, Section 19 of the Regulation applies. A GI/designation of origin 
may not be registered if because of the reputation or use of a trademark or a collective mark is likely 
to mislead the consumer as to the actual orig in of the product. Further, a GI/designation of origin 
may not be registered, if a trademark or collective mark already is registered if the 
trademark/collective mark  
• is identical to the GI/designation of origin and  
• is protected for the same or similar fo odstuffs and  
• may mislead the consumers as to the real origin of the foodstuff and  
• is registered or applied for before the date of the reception of an application for protection 
of a GI/designation of origin in accordance to the Regulation  
Further, if use o f a GI would infringe rights to an older trademark, that would be assessed according 
to the general trademark law on risk of confusion etc. under Section 4 of the Trademarks Act, and 
would, upon a lawsuit, be dealt with by the courts.  
 
46(a).  Does your economy 's industrial property law and/or related law provide the refusal 
or invalidation of a trademark registration, which consists of or contains geographical 
indications identifying wines or spirits with respect to such wines or spirits not originating 
in the indicated territory?  
 
Yes, please see the reply to question 1 above, referring to Section 15 of the Trademarks Act.  IP/C/W/117/Add.7/Rev.1  
- 20 - 
  G. ENFORCEMENT  
47. How are rights in the geographical indication enforced? Are provisions available under 
unfair competition law? Trademark law? Other laws? Provide citations to the laws and, if 
they have not been notified under Article 63.2 of the TRIPS Agreement, please provide 
copies.  
Protection for geographical indications in Norway is provided under both unfair competition law a nd 
through a formal procedure of registration. The recognition of a geographical indication does not 
necessarily require registration, but the use of a registration system may strengthen the protection 
conferred. Geographical indications are protected, as required by Article 22.2 and 22.3 of the TRIPS 
Agreement, through the Marketing Control Act (2009) and the Trademarks Act (2010).  
Under the Marketing Control Act, consumers are protected against unfair and misleading commercial 
practices and misleading act  in Sections 6 and 7. The provisions read as follows:  
"Section 6.  Unfair commercial practices  
Unfair commercial practices shall be prohibited.  
A commercial practice shall be unfair if it conflicts with good business practice towards consumers 
and is likely  materially to distort the economic behaviour of consumers, causing them to make 
decisions they would not otherwise have made.  
… 
A commercial practice shall always be unfair if it is misleading pursuant to section 7 or section 8, or 
aggressive pursuant to section 9.  
…" 
"Section 7. Misleading  acts 
A commercial practice shall be considered misleading if it contains false information and is therefore 
untruthful, or if it is otherwise likely to deceive consumers in relation to one or more of the following 
eleme nts: 
a) the existence or nature of the product,  
b) the main characteristics of the product, such as its availability, benefits or risks, the 
product 's execution, quantity, composition, specifications, accessories, origin, method and 
date of manufacture or provision of the product, delivery, usage or fitness for purpose, results 
to be expected from its use, tests or checks carried out on the product, or after -sale service 
and complaint -handling,  
 
… 
The practice shall nevertheless only be regarded as misleadi ng if it is likely to cause consumers to 
make an economic decision that they would not otherwise have made.  
Any marketing of a product, including comparative advertising, which creates confusion with the 
product or trade mark, trade name or other distingui shing mark of a competitor, shall also be 
considered misleading. " 
The interests of traders are protected in Sections 25 and 26 of the Marketing Act, which reads as 
follows:  
"Section 25.  Good business practice  
No act shall be performed in the course of trade which conflicts with good business practice among 
traders.  IP/C/W/117/Add.7/Rev.1  
- 21 - 
  Section 26.  Misleading business methods  
It shall be prohibited in the course of trade to use an incorrect or otherwise misleading representation 
which is likely to influence the demand for or  supply of goods, services or other products. In this 
chapter, «representation» shall mean any form of announcement or statement made orally, in 
writing or otherwise, thus including descriptions, pictures, demonstrations, the form, size or type of 
packagin g, etc.  
…". 
Under the trademark registration procedure, Geographical Indications dealt with in Section 14 of the 
Trademarks Act. The provision reads as follows:  
"Section  14. General conditions of registration  
A trademark to be registered shall consist of a sign which is capable of being protected 
pursuant to Section 2 and capable of being represented graphically. It shall have distinctive character 
as a sign for the relevant goods or services.  
A trademark cannot be registered if it exclusively, or only wit h insignificant changes or 
additions, consists of signs or indications that:  
indicate the kind, quality, quantity, intended purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of the rendering of the servi ces or other 
characteristics of the goods or services, or  
constitute customary designations for the goods or services according to normal linguistic usage or 
to loyal, established business practice.  
The conditions in paragraphs one and two shall be met on both the date of application and 
the date of registration. When assessing a proposed trademark pursuant to paragraph one, sentence 
two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed 
on the date of applicatio n, in particular effects of use of the trademark prior to this time.  
A mark that is used in an industrial or commercial undertaking to  designate the geographical 
origin of a product or service may, notwithstanding the second  paragraph letter a), be registe red as 
a collective mark. " 
A provision on prohibition of registration of misleading trademarks is found in:  
"Section 15. Trademarks that conflict with public interests  
A trademark cannot be registered if it:  
… 
2. is liable to deceive, for example in respec t of the nature, quality or geographical origin of 
the goods or services, " 
The deceiving use of a geographical indication in a trademark may be prohibited in accordance with 
the Trademarks Act section 10:  
"Section  10. Deceiving trademarks, etc.  
If a trade mark is of such nature as to deceive or is used by the trademark proprietor or by 
any other person with the consent of the trademark proprietor in a manner capable to deceive, a 
court may prohibit the use of the trademark or such forms of use that are cons idered deceiving and 
may issue other injunctions that are considered necessary.  IP/C/W/117/Add.7/Rev.1  
- 22 - 
  Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial 
Property Office and by anyone who has a legal interest in doing so. " 
The special protection r equired for wines and spirits under Article 23.1 and 23.2 of the TRIPS 
Agreement is set out in Section 31 of the Marketing Control Act and Section 15 para graph  2 of the 
Trademarks Act. The provisions read:  
MARKETING CONTROL ACT  
"Section 31. Application  of incorrect geographical indications to wines and spirits  
It shall be prohibited in the course of trade to apply a geographical indication to a wine or spirit 
which does not originate from the geographical location designated by the indication. This shal l apply 
even if the actual place of origin is also stated, or if the geographical indication has been translated 
or is followed by an expression like «kind», «type», «imitation», or something similar. " 
TRADEMARKS ACT  
 "Section  15. Trademarks that conflict with public interests  
… 
For wine and spirits, it is not permissible to register a trademark that consists of or contains anything 
that is liable to be understood as a geographical indication of origin, unless the geographical origin 
of the goods is in accordance with the indication. " 
Norway has adopted a sui generis regime for protection of geographical indications, designations of 
origin, and traditional specialties for agricultural products and foodstuffs, which provides protection 
above TRIPS -level f or geographical indications fulfilling the set criteria. The legal basis for this 
system is found in Section 30 of the Food Production and Safety Act (2003).  
Regulation No. 698 of 5 July 2002 (as amended) establishes the criteria and procedures for the 
certification of GIs, designations of origin, (and traditional specialties for foodstuffs) (other than 
waters, wine, and spirits). Decisions to grant such protection are made by the Norwegian Food Safety 
Authority (Mattilsynet). The applicant, who may be a g roup of primary producers and/or processors 
or a legal person (i.e. not a group), then becomes the holder of the registered indication or 
designation. The scheme has been administered by the Norwegian Food Branding Foundation 
(Matmerk) since 2007. Although  there are time variations, on average an application is processed 
within 18 months.  
Norway does not participate in the EU registration systems for agricultural products and foodstuffs, 
as agriculture falls outside the scope of the EEA Agreement. Registra tion is thus required both in the 
EU system as well as in the national system of Norway to enjoy protection against misuse, imitations, 
etc. in both markets. Two Norwegian specialties ( "Fenalår from Norway " and "Stockfish from 
Lofoten ") have been certified  as GIs in the European Union and are thus provided the same 
protection there as registered products from EU Member States.  
The EU systems for the protection of GIs for wines, spirits and aromatized drinks have, on the other 
hand, been incorporated into t he EEA Agreement, and these GIs thus enjoy the same protection in 
Norway as of the registration in the EU. Norway has two such GIs – Norsk Akevitt (Norwegian 
Aquavit) and Norsk Vodka (Norwegian Vodka "). 
  
Section 18 of the Regulation contains provisions to  be used in case of a conflict between a GI and a 
younger trademark, ref. also Section 16 e of the Trademarks Act. An application for a trademark 
which conflicts with a GI already protected under a product regulation, will be refused. The same 
applies for GIs for wines and spirits protected under the EU registration systems providing protection 
in Norway.  
If use of a trademark would conflict with the right to an older GI, that would be dealt with by way 
of an infringement lawsuit or lawsuit based on unfair  competition law, initiated by the GI holder 
before the courts.  IP/C/W/117/Add.7/Rev.1  
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  In the case of an earlier trademark, Section 19 of the Regulation applies. A GI/designation of origin 
may not be registered if because of the reputation or use of a trademark or a collective mark is likely 
to mislead the consumer as to the actual origin of the product. Further, a GI/designation of origin 
may not be registered, if a trademark or collective mark already is registered if the 
trademark/collective mark  
• is identical to the GI/designation of origin and  
• is protected for the same or similar foodstuffs and  
• may mislead the consumers as to the real origin of the foodstuff and  
• is registered or applied for before the date of the reception of an application for protection 
of a GI/des ignation of origin in accordance to the Regulation  
Further, if use of a GI would infringe rights to an older trademark, that would be assessed according 
to the general trademark law on risk of confusion etc. under Section 4 of the Trademarks Act, and 
would , upon a lawsuit, be dealt with by the courts.  
Any rightful user of a GI/designation of origin under the Regulation has the right to enforce a 
GI/designation of origin. A group may on behalf of the rightful users of a GI/designation of origin it 
represent s enforce the protected designation and claim reimbursement for any damage caused to 
the rightful users, cf. Section 27 (a) of the Regulation.  
 
48. Who has the right to enforce a geographical indication?  
 
Any rightful user of a GI/designation of origin unde r the Regulation has the right to enforce a 
GI/designation of origin. A group may on behalf of the rightful users of a GI/designation of origin it 
represents enforce the protected designation and claim reimbursement for any damage caused to 
the rightful us ers, cf. Section 27 (a) of the Regulation.  
 
49. What judicial or administrative bodies have jurisdiction over enforcement actions 
related to geographical indications? Are there fees involved and, if so, what are those 
fees?  
 
Disputes concerning GIs/designat ions of origin are handled by the Courts. The claimant has to pay 
a court fee according to the Act on Court Fees, see https://www.domstol.no/en/Civil -
case/costs/Court -fee/. The losing party may also be ordered to pay the other party 's costs.  
 
50. Must the public be notified of the existence of a geographical indication and, if so, how 
and how often?  
  
All new Regulations establishing a geographical indication or designations of origin under the 
Norwegian sui generis -system are published in the Norwegian Official Trademarks Gazette: 
https://www.patentstyret.no/en/services/trademarks/norwegian -official -trademarks -gazette/  
GIs and designations of origin are also published on the website of  the Norwegian Food Safety 
Authority (Mattilsynet) after registration (only in Norwegian): 
https://www.matmerk.no/no/beskyttedebetegnelser/godkjente -produkter . 
 
51. Is unau thorized use of a geographical indication subject to criminal action and, if so, 
describe the procedures. If the law has not been notified pursuant to Article 63.2 of the 
TRIPS Agreement, please provide a copy.  
 
Yes, unauthorized use of a GI or designation  of origin may be subject to criminal action, se Section 
28 of the Regulation and Section 28 of the Food Safety Act. There are no specific procedures provided 
for criminal actions concerning GIs. The general procedural rules in the Penal Code and the Crimi nal 
Procedural Act applies. We are not aware of any criminal actions having been initiated concerning 
GI's. 
 IP/C/W/117/Add.7/Rev.1  
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  H. INTERNATIONAL AGREEMENTS  
52. Is your government party to an international, including bilateral or plurilateral, 
agreement for the notification and/or registration of geographical indications? If so, 
please name the international agreement and explain the relationship between it and your 
national legislation.  
 
Norway is party to the International Convention for the protection of appellation d 'origine and 
denominations  of cheese, done at Stresa 1 June 1951.  
Protection for geographical indications in Norway is provided under both unfair competition law and 
through a formal procedure of registration. The recognition of a geographical indication does n ot 
necessarily require registration, but the use of a registration system may strengthen the protection 
conferred. Geographical indications are protected, as required by Article 22.2 and 22.3 of the TRIPS 
Agreement, through the Marketing Control Act (2009)  and the Trademarks Act (2010).  
Under the Marketing Control Act, consumers are protected against unfair and misleading commercial 
practices and misleading act in Sections 6 and 7. The provisions read as follows:  
"Section 6. Unfair  commercial practices  
Unfair commercial practices shall be prohibited.  
A commercial practice shall be unfair if it conflicts with good business practice towards consumers 
and is likely materially to distort the economic behaviour of consumers, causing them to make 
decisions the y would not otherwise have made.  
… 
A commercial practice shall always be unfair if it is misleading pursuant to section 7 or section 8, or 
aggressive pursuant to section 9.  
…" 
"Section 7.  Misleading acts  
A commercial practice shall be considered misleading  if it contains false information and is therefore 
untruthful, or if it is otherwise likely to deceive consumers in relation to one or more of the following 
elements:  
a) the existence or nature of the product,  
b) the main characteristics of the product, su ch as its availability, benefits or risks, the 
product 's execution, quantity, composition, specifications, accessories, origin, method and 
date of manufacture or provision of the product, delivery, usage or fitness for purpose, results 
to be expected from its use, tests or checks carried out on the product, or after -sale service 
and complaint -handling,  
… 
The practice shall nevertheless only be regarded as misleading if it is likely to cause consumers to 
make an economic decision that they would not otherwis e have made.  
Any marketing of a product, including comparative advertising, which creates confusion with the 
product or trade mark, trade name or other distinguishing mark of a competitor, shall also be 
considered misleading. " 
The interests of traders are protected in Sections 25 and 26 of the Marketing Act, which reads as 
follows:  IP/C/W/117/Add.7/Rev.1  
- 25 - 
  "Section 25.  Good business practice  
No act shall be performed in the course of trade which conflicts with good business practice among 
traders.  
Section 26.  Misleading business methods  
It shall be prohibited in the course of trade to use an incorrect or otherwise misleading representation 
which is likely to influence the demand for or supply of goods, services or other products. In this 
chapter, «representation» shall mean any fo rm of announcement or statement made orally, in 
writing or otherwise, thus including descriptions, pictures, demonstrations, the form, size or type of 
packaging, etc.  
…". 
Under the trademark registration procedure, Geographical Indications dealt with in Se ction 14 of the 
Trademarks Act. The provision reads as follows:  
"Section  14. General conditions of registration  
A trademark to be registered shall consist of a sign which is capable of being protected 
pursuant to Section 2 and capable of being represented  graphically. It shall have distinctive character 
as a sign for the relevant goods or services.  
A trademark cannot be registered if it exclusively, or only with insignificant changes or 
additions, consists of signs or indications that:  
indicate the kind, q uality, quantity, intended purpose, value or geographical origin of the goods or 
services, the time of production of the goods or of the rendering of the services or other 
characteristics of the goods or services, or  
constitute customary designations for t he goods or services according to normal linguistic usage or 
to loyal, established business practice.  
The conditions in paragraphs one and two shall be met on both the date of application and 
the date of registration. When assessing a proposed trademark pu rsuant to paragraph one, sentence 
two, and paragraph two, it is necessary to take into consideration all circumstances that prevailed 
on the date of application, in particular effects of use of the trademark prior to this time.  
A mark that is used in an in dustrial or commercial undertaking to  designate the geographical 
origin of a product or service may, notwithstanding the second  paragraph letter a), be registered as 
a collective mark. " 
A provision on prohibition of registration of misleading trademarks is  found in:  
"Section 15. Trademarks that conflict with public interests  
A trademark cannot be registered if it:  
… 
2. is liable to deceive, for example in respect of the nature, quality or geographical origin of 
the goods or services, " 
The deceiving use of a geographical indication in a trademark may be prohibited in accordance with 
the Trademarks Act section 10:  IP/C/W/117/Add.7/Rev.1  
- 26 - 
  "Section  10. Deceiving trademarks, etc.  
If a trademark is of such nature as to deceive or is used by the trademark proprietor  or by 
any other person with the consent of the trademark proprietor in a manner capable to deceive, a 
court may prohibit the use of the trademark or such forms of use that are considered deceiving and 
may issue other injunctions that are considered necess ary. 
Legal actions pursuant to paragraph one may be brought by the Norwegian Industrial 
Property Office and by anyone who has a legal interest in doing so. " 
The special protection required for wines and spirits under Article 23.1 and 23.2 of the TRIPS 
Agreement is set out in Section 31 of the Marketing Control Act and Section 15 para graph  2 of the 
Trademarks Act. The provisions read:  
MARKETING CONTROL ACT  
"Section 31.  Application of incorrect geographical indications to wines and spirits  
It shall be prohibited in the course of trade to apply a geographical indication to a wine or spirit 
which does not originate from the geographical location designated by the indication. This shall apply 
even if the actual place of origin is also stated, or if the geo graphical indication has been translated 
or is followed by an expression like «kind», «type», «imitation», or something similar. " 
TRADEMARKS ACT  
"Section  15. Trademarks that conflict with public interests  
… 
For wine and spirits, it is not permissible to re gister a trademark that consists of or contains anything 
that is liable to be understood as a geographical indication of origin, unless the geographical origin 
of the goods is in accordance with the indication. " 
Norway has adopted a sui generis regime for protection of geographical indications, designations of 
origin, and traditional specialties for agricultural products and foodstuffs, which provides protection 
above TRIPS -level for geographical indications fulfilling the set criteria. The legal basis for this 
system is found in Section 30 of the Food Production and Safety Act (2003).  
Regulation No. 698 of 5 July 2002 (as amended) establishes the criteria and procedures for the 
certification of GIs, designations of origin, (and traditional specialties for foodstuffs) (other than 
waters, wine, and spirits). Decisions to grant such protection are made by the Norwegian Food Safety 
Authority (Mattilsynet). The applicant, who may be a group of primary producers and/or processors 
or a legal person (i.e. not a gro up), then becomes the holder of the registered indication or 
designation. The scheme has been administered by the Norwegian Food Branding Foundation 
(Matmerk) since 2007. Although there are time variations, on average an application is processed 
within 18 months.  
Norway does not participate in the EU registration systems for agricultural products and foodstuffs, 
as agriculture falls outside the scope of the EEA Agreement. Registration is thus required both in the 
EU system as well as in the national system  of Norway to enjoy protection against misuse, imitations, 
etc. in both markets. Two Norwegian specialties ( "Fenalår from Norway " and "Stockfish from 
Lofoten ") have been certified as GIs in the European Union and are thus provided the same 
protection there  as registered products from EU Member States.  
The EU systems for the protection of GIs for wines, spirits and aromatized drinks have, on the other 
hand, been incorporated into the EEA Agreement, and these GIs thus enjoy the same protection in 
Norway as o f the registration in the EU. Norway has two such GIs – Norsk Akevitt (Norwegian 
Aquavit) and Norsk Vodka (Norwegian Vodka "). 
  IP/C/W/117/Add.7/Rev.1  
- 27 - 
  53. What other international agreements, if any, have been entered into? What do those 
agreements provide?  
 
N/A. 
__________