The Norwegian Designs  Act  
Act no. 15 of 14 March 2003 : The Norwegian Design  Protection Act  
(the Design  Act)  
DATE: LOV -2003-03-14-15 
MINISTRY: JD (Ministry of Justice and Public Security )  
PUBLISHED: I 20 03 part 4  
ENTRY INTO FORCE: 01/ 05/2003, 17/06/201 0  
NORWEGIAN TITLE: Lov av 14. mars 20 03 nr. 15 om design (designloven)  
ENTRY INTO FORCE OF LAST AMENDING ACT: 01/10/2015   
 
This is an unofficial translation of the Norwegian Designs Act. Should there be any differences between this 
translation and the aut hentic Norwegian text, the authentic Norwegian text  prevails.   
 
Chapter 1. General provisions.  
Section 1. Exclusive right to design  
The creator of a design (the designer), or his successor in title, may acquire by registration an exclusive right to 
exploit  the design subject to the provisions of this Act (design right).  
Registration of a design does not exclude protection pursuant to other acts if the requirements for such protection are 
fulfilled, including protection under the Trademarks Act, the Copyrigh t Act, and the Patent Act.  
Section 2. Definitions  
In this Act  
1. design means the appearance of a product or part of a product resulting from the features of, in particular, 
the lines, contours, colours, shape, texture or materials of the product itself or it s ornamentation.  
2. product means any industrial or handicraft item, including inter alia parts intended to be assembled into a 
complex product, packaging, get -up, graphic symbols and typographic typefaces, but excluding computer 
programs.  
3. complex product mea ns a product which is composed of multiple components which can be replaced 
permitting disassembly and reassembly of the product.  
Section 3. Novelty and individual character  
Design right may only be granted if the design is new and has individual character . 
A design shall be considered new if no identical design has been made available to the public before the date of filing 
of the application for registration or before the date of priority, if priority is claimed pursuant to section 16. Designs 
shall be de emed to be identical if their features differ only in immaterial details.  
A design shall be considered to have individual character if the overall impression it produces on the informed user 
differs from the overall impression produced on such a user by an y design which has been made available to the 
public before the date referred to in the second paragraph. In assessing individual character, the degree of freedom of 
the designer in developing the design shall be taken into consideration.  Section 4. Comple x products  
The design of a component part of a complex product shall only be considered to be new and to have individual 
character to the extent that  
1. the component part is visible during normal use of the complex product, and  
2. the visible features of the co mponent part fulfil the requirements as to novelty and individual character. 
Normal use shall mean use of the complex product by the end user, excluding maintenance, servicing or 
repair work of the product.  
Section 5. The design’s availability to the publi c 
A design shall be deemed to have been made available to the public under this Act if it has been published following 
registration or otherwise. The same shall apply if the design has been exhibited, used in trade or otherwise disclosed. 
The design shall nevertheless not be regarded as having been made available to the public if  
1. it could not reasonably have become known in the normal course of business to the circles specialized in the 
sector concerned operating within the EEA through circumstances, as ref erred to in the first paragraph, 
before the date of filing of the application for registration or, if priority is claimed, before the date of 
priority pursuant to section 16, or  
2. it has solely been disclosed to other persons under explicit or implicit condi tions of confidentiality.  
Section 6. Actions that do not destroy novelty (grace period)  
The design is not regarded as having been made available to the public pursuant to section 5 if it has been made 
available to the public, at the earliest, twelve months  prior to the date referred to in section 3, second paragraph  
1. by the designer, or his successor in title  
2. by other persons on the basis of information provided or actions undertaken by the designer, or his 
successor in title, or  
3. as a consequence of an abuse  in relation to the designer, or his successor in title.  
Section 7. Design which is contrary to public interests and the rights of other persons  
A design may not be registered if it  
1. is contrary to public policy or to accepted principles of morality, or  
2. without authorization includes a coat of arms or other insign ia, subject to S ection s 165 litra b and 166 of the 
Penal Code, a national flag or an official control or guarantee mark for products of the same or a similar 
type as the products to which the design  applies or which may be perceived as such a symbol, flag or mark.  
A design right may not be granted if the design conflicts with a design that is the subject of a previous application for 
design right in Norway that was not available to the public before the date of filing of the new application or before 
the date of priority, if priority is claimed pursuant to section 16, but is disclosed at a later date.  
Nor may a design right be granted if the design violates the right of another person in Norway to  
1. a trademark, business name or an other sign,  
2. a work or photographic picture protected under the Copyright Act, or  
3. a geographical indication or designation of origin for agricultural products and foodstuffs protected under 
regulations pursuant to the Act of 17  June 1932 No. 6 relating to quality control of agricultural products, etc 
or under Act of 19 December 2003 No. 124 on Production of foodstuff and Food safety, etc.  Section 8. Designs dictated by technical function  
A design right may not be granted for the  features of appearance of a product  
1. that are dictated solely by its technical function, or  
2. that must be reproduced in their exact form and dimension in order to permit the product to be mechanically 
connected to or placed in, around or against another pro duct, so that either product may perform its 
function.  
A design right may nevertheless be granted for a design serving the purpose of allowing multiple assembly or 
connection of mutually interchangeable products within a modular system.  
Section 9. The scop e and content of a design right  
A design right entails that no -one may use the design without the consent of the holder of the design right (the 
holder), with such exceptions as follow from sections 10 to 12. The aforementioned use shall cover, in particul ar, the 
making, offering, putting on the market, importing, exporting or using of a product in which the design is 
incorporated or to which it is applied, or stocking such a product for those purposes.  
The design right shall apply to any design that does n ot produce on an informed user a different overall impression. 
In assessing the scope of the design right, the degree of freedom of the designer in developing the design shall be 
taken into consideration.  
Section 10. Exceptions from the design right  
The de sign right does not exclude that the design  
1. may be used for private and non -commercial purposes,  
2. may be used for experimental purposes, or  
3. may be displayed for the purpose of making citations or of teaching, provided that such acts are compatible 
with fair  trade practice and do not unduly prejudice the normal exploitation of the design, and that mention 
is made of the source.  
Section 11. Equipment on ships and aircraft  
The design right shall not exclude  
1. use of equipment on ships and aircraft registered in a nother state when these temporarily enter Norwegian 
territory,  
2. importation to Norway of spare parts and accessories for the purpose of repairing such craft and execution 
of repairs on such craft.  
Section 12. Exhaustion of the design right  
The design right does not exclude the use of design -protected products that are put on the market in the EEA by the 
holder of the design right or with his consent.  
  
Chapter 2. Application for registration of design  Section 13. Application for registration  
An application f or registration of a design shall be filed in writing with the Norwegian Industrial Property Office.  
The application shall state the name and address of the applicant and the product or products to which registration of 
the design is sought, and shall incl ude reproductions clearly illustrating the design.  
If the applicant also submits a model of the design prior to its registration, it is the model that shall be regarded as 
illustrating the design.  
The application shall state the name of the designer. The d esigner’s name shall be entered in the Design Register. If 
the design is the result of cooperation between a group of two or more designers, the name of the group may replace 
the name of each individual designer.  
The application shall in addition fulfil th e requirements laid down by the King in regulations. A stipulated fee shall 
be paid.  
Section 14. Amendment of the application  
An application for registration of a design may not be amended to apply to another product than that stated in the 
application. Th e design that the application concerns may only be amended if the design in its amended form retains 
its identity and fulfils the requirements for registration.  
Section 15. Application for registration of more than one design multiple registration  
An appli cation may include more than one design if the products belong to the same class according to the Locarno 
Agreement of 8 October 1968 establishing an international classification for industrial designs.  
Section 16. Priority  
A person who has filed an applic ation for design protection in Norway or in a State party to the Paris Convention of 
20 March 1883 for the Protection of Industrial Property or the Agreement of 15 April 1994 establishing the World 
Trade Organization (WTO Agreement), and who, within six mo nths after, this applies for a design right in Norway, 
may claim that the new application shall be regarded as filed at the same time as the first application.  
A person who has exhibited a design at an official or officially recognized international exhibi tion as referred to in 
the Convention of 22 November 1928 relating to international exhibitions and who, within six months after this, 
applies for a design right in Norway, may claim that the application be regarded as filed on the date when the design 
was first exhibited at the exhibition.  
The King may in regulations lay down further requirements concerning the right to claim priority. The King may 
also provide that priority may be claimed in cases other than those referred to in the first and second parag raphs.  
Section 17. Requirements for registration  
The Norwegian Industrial Property Office shall ensure that the application fulfils the requirements laid down in 
sections 13 to 15. The Norwegian Industrial Property Office shall also ensure that the applica tion applies to a design 
as referred to in section 2 (1), and that the requirements laid down in section 7, first paragraph, are fulfilled.  To the extent prescribed in regulations laid down by the King, the Norwegian Industrial Property Office shall, at th e 
request of the applicant, also examine whether other factors exist that may prevent design right and, in such case, 
inform the applicant of this. A stipulated fee shall be paid for this examination.  
Section 18. Registration and publication  
If the applica tion fulfils the requirements as referred to in section 17, first paragraph, the design shall be registered 
and notification of registration shall be sent to the applicant. The registration of a design shall be published.  
The registration may nevertheless be deferred for a maximum of six months from the date referred to in section 3, 
second paragraph, if so requested by the applicant in the application.  
Section 19. Correction of the application  
If the application fails to fulfil the requirements as referred  to in section 17, first paragraph, the Norwegian Industrial 
Property Office shall notify the applicant of this and provide information concerning the possible consequences of 
the irregularities. The applicant shall be given a reasonable time limit in whic h to respond and, if possible, for 
correction of the irregularities.  
If the irregularities are corrected within the time limit set by the Norwegian Industrial Property Office, the 
application is regarded as filed on the date it was received by the Norwegia n Industrial Property Office. However, 
the application is not regarded as filed until reproductions or a model of the design have been received by the 
Norwegian Industrial Property Office.  
If the applicant fails to comment or to correct the irregularities before expiry of the time limit, the application shall 
be considered abandoned.  
Processing of an application that has been abandoned shall be resumed if the applicant submits comments or corrects 
the irregularities within two months after expiry of the tim e limit. A stipulated fee shall be paid. Processing of an 
application may only be resumed once.  
Section 20. If the application has  
 irregularities that are not corrected subject to the provisions laid down in section 19 and the design cannot be 
registered in its amended form subject to section 14, second sentence, the application shall be refused. This does not 
apply if the Norwegian Industrial Property Office finds that the applicant should be given a new time limit for 
correction.  
  
Chapter 3. Public disc losure and the duty to disclose information  
Section 21. Access to the documents of an application  
From the date an application is filed, anyone may demand access to the application and its enclosures and all 
documents pertaining to the case, unless otherwi se provided in the second to the fifth paragraph.  
Access may not be demanded to documents that may reveal the appearance of the design until the design has been 
registered pursuant to section 18. When six months has elapsed from the date referred to in sec tion 3, second 
paragraph, the documents shall be made public even if the design has not been registered. If the application is 
abandoned or refused, the right of access shall only apply if the applicant requests resumption, appeals against the 
decision or claims compensation.  If the applicant so demands, the documents that may reveal the appearance of the design shall be made public earlier 
than provided in the second paragraph. Information concerning commercial secrets may be excepted from public 
disclosur e if so demanded by the applicant. When such demands are filed, the information is not made public until a 
final refusal of the demand. Information of significance for whether a design right may be granted or for the scope or 
duration of the design right m ay not be excepted from public disclosure.  
Documents prepared by the Norwegian Industrial Property Office for its own internal examination of a case may be 
excepted from public disclosure.  
Section 22. The design applicant’s duty to disclose information  
An applicant who invokes the design application against another party before the design has been made available to 
the public shall, if so requested, allow the person concerned access to the documents of the application. A person 
who in direct communication, in advertisements or otherwise, has made known to other persons that a design right 
has been applied for or granted without stating the number of the application or registration shall, if so requested, 
provide the number without undue delay. A person who h as provided information that may give the impression that a 
design right has been applied for or granted shall, if so requested, provide information without undue delay as to 
whether the design has been registered or whether registration of the design has been applied for.  
  
Chapter 4. The period of validity of a design registration  
Section 23. The period of validity of a design registration  
A design registration shall be valid for the period or periods of five years applied for in the application, calculat ed 
from the application date. A registration valid for a period shorter than twenty -five years may be renewed for further 
five-year periods up to a total registration period of twenty -five years. Each period shall run from the end of the 
previous period. F or the design of a component part used for the purpose of the repair of a complex product so as to 
restore its original appearance (spare part), registration shall be valid for a maximum of five years.  
Section 24. Renewal of registration  
Requests for renew al shall be made in writing to the Norwegian Industrial Property Office no earlier than one year 
before and no later than six months after the expiry of the registration period. A stipulated fee shall be paid. If the 
request for renewal is filed after expi ry of the registration period, an additional fee shall be paid. Payment of the 
renewal fee within the time limits laid down in the first paragraph, stating the registration number of the design, shall 
be regarded as a request for renewal.  
The renewal of a registration shall be entered in the Design Register and be published.  
  
Chapter 5. Review and invalidity, etc.  
Section 25. Administrative review and review by a court of law  
If a design fails to fulfil the requirements laid down in sections 2 to 8, the de sign registration shall be wholly or 
partly cancelled by the Norwegian Industrial Property Office or be invalidated by a court of law pursuant to the 
provisions of sections 26 to 28. If the design has been registered for someone other than the person who i s entitled to 
obtain registration of the design, the registration shall be cancelled pursuant to the provisions of sections 26 and 27 
or be transferred to the rightful holder pursuant to sections 29 and 30.  The registration may not be cancelled or invalida ted on the basis that the holder has only partial right to the design.  
Section 26. Time limits and requirements regarding association with a case  
An administrative review may be requested by anyone during the period of registration unless otherwise provide d by 
the second and third paragraphs.  
A request for administrative review may only be filed by  
1. a person who claims the right to the design if such claim is founded on the assertion that the holder is not 
entitled to hold the right to the design.  
2. a person w ho applies for or holds the previous right if the claim is founded on the assertion that the 
registration violates rights referred to in section 7, second and third paragraphs.  
3. the Ministry or by the person or body affected by the use if the claim is found ed on the assertion that the 
registration violates rights referred to in section 7, first paragraph (2).  
If the claim is founded on the assertion that the holder is not entitled to hold the right to the design, it must be put 
forward at the latest one year  after the person making the claim learned of the registration and the other 
circumstances on which the claim is founded. If the holder acted in good faith when the design was registered or 
when the registration was transferred to the holder, the claim may  not be put forward later than three years after the 
registration or transfer.  
The first to third paragraphs shall apply correspondingly to legal proceedings concerning invalidity.  
Legal proceedings concerning invalidity may also be instituted after the re gistration has lapsed or has been 
renounced. A person who brings a legal action in such a case must have legal interest in the case.  
If a request for an administrative review claiming that the holder is not entitled to hold the right to the design is filed  
with the Norwegian Industrial Property Office within the time limit laid down in the third paragraph, legal 
proceedings concerning the question, notwithstanding the third paragraph, may be instituted within two months after 
the day the notification of the  Norwegian Industrial Property Office’s final decision was sent to the party concerned.  
Section 27. Filing and processing of requests for administrative review  
A request for administrative review shall be filed in writing with the Norwegian Industrial Prop erty Office, stating  
1. the name and address of the person who filed the request,  
2. the registration and, if appropriate, the design in the registration for which a review is requested,  
3. the grounds on which the request is based, and  
4. necessary documentation of c ircumstances cited in support of the request.  
The request shall in addition fulfil the requirements laid down by the King in regulations. A stipulated fee shall be 
paid.  
If the request fails to fulfil the requirements of the first paragraph and section 26,  the Norwegian Industrial Property 
Office shall give a reasonable time limit in which to respond and, if possible, correction of the irregularities. If the 
irregularities are not corrected before expiry of the time limit, the request shall be refused unles s the Norwegian 
Industrial Property Office finds that a new time limit should be given for correction.  
If the request for review is filed by a person other than the holder, the Norwegian Industrial Property Office shall as 
soon as possible notify the holde r of the request, giving a reasonable time limit in which to respond.  If two or more requests for review of the same registration are filed, the Norwegian Industrial Property Office may 
merge the cases to one case unless objectively justified objections ar e put forward.  
The Norwegian Industrial Property Office may take into consideration circumstances not affected by the request for 
review. If a request for review is withdrawn, the Norwegian Industrial Property Office may continue processing of 
the case if special reasons so indicate. This paragraph shall only apply in so far as it is compatible with section 26, 
second paragraph.  
Anyone may claim access to the documents of a case concerning administrative review. The provisions laid down in 
section 21, fourt h and fifth paragraph, shall apply correspondingly.  
Section 28. Amendment of a registered design  
The registration of a design may be partly cancelled by the Norwegian Industrial Property Office if the design in its 
amended form retains its identity and ful fils the requirements for registration and if the holder has requested or 
consented to the amendment.  
The registration of a design may on the same requirements be found partly invalid by a court.  
The amended design shall be entered in the Design Register a nd a new notification of registration shall be sent to the 
holder. Notification of the amendment enclosing reproductions of the design in its amended form shall be published.  
Section 29. The right to the design  
A person who, in a case concerning administra tive review, claims the right to a design that has been registered for 
another person may claim that the registration be transferred rather than cancelled.  
If someone claims the right to a design in an application filed by another person, the Norwegian Ind ustrial Property 
Office may transfer the application. The person to whom the application is transferred shall pay a new application 
fee. 
If the Norwegian Industrial Property Office finds there to be doubt in a question as referred to in the first and secon d 
paragraphs, a person who claims the right to the design shall be encouraged to institute legal proceedings within a 
reasonable time limit. If legal proceedings are not instituted within the time limit, the Norwegian Industrial Property 
Office may disrega rd the claim. The claimant shall be notified of this.  
Section 30. Legal proceedings concerning transfer of an application or registration  
A person who claims the right to a design in an application filed by another person or to a design that has been 
regis tered for another person may institute legal proceedings for transfer of the application or registration. Legal 
proceedings concerning transfer of a registration must be instituted within the time limit laid down in section 26, 
third paragraph, cf. sixth p aragraph.  
Section 31. Right to continued use  
If a person who is deprived of registration pursuant to section 29 or 30 has in good faith begun to use the design in 
Norway or has made extensive preparations to do so, he may continue or commence such use in e xchange for a 
reasonable remuneration and on otherwise reasonable requirements. This right shall apply on the same requirements 
to holders of registered licences.  
Rights pursuant to the first paragraph may only be transferred to other persons in conjunctio n with transfer of the 
undertaking in which the right arose or where use was intended to take place.  Section 32. The relationship between cases before the Norwegian Industrial Property Office 
and before the courts  
If proceedings before the Norwegian Indust rial Property Office concerning transfer of an application are in progress, 
the Patent Office may not amend, abandon, refuse or grant the application before the case concerning transfer is 
finally decided. If the case concerns the right to a design in a re gistration, the registration may not be cancelled, 
amended or expunged before such date.  
If legal proceedings have been instituted concerning the right to the design, the Norwegian Industrial Property Office 
shall defer the processing of a case concerning registration, cancellation or transfer until such legal proceedings are 
decided by a final and un¬appealable judgment. If legal proceedings are instituted concerning invalidity, the 
Norwegian Industrial Property Office shall defer the processing of a case concerning cancellation until such date.  
A person who has requested an administrative review may not institute legal proceedings concerning invalidity or 
transfer while the case before the Norwegian Industrial Property Office is in progress.  
Section 33. Ca ncellation on the initiative of the Norwegian Industrial Property Office  
If the registration of a design or the renewal or amendment of a registration has clearly occurred erroneously, the 
Norwegian Industrial Property Office may on its own initiative whol ly or partly cancel the entry.  
The holder of the registration shall be notified with a reasonable time limit in which to respond before cancellation 
takes place.  
Section 34. Expunction of the registration  
If a registration is not or cannot be renewed or if  the holder submits a written request for expunction, the registration 
shall be expunged from the Design Register after expiry of the registration period.  
If legal proceedings have been instituted concerning transfer of the registration or if the design ri ght is subjected to 
execution, the registration may not be expunged on the request of the holder before such proceedings are decided by 
a final and unappealable judgment or the execution lapses.  
Section 35. Entry in the Design Register and publication  
If a request for administrative review of a registration has been submitted or legal proceedings concerning invalidity 
or transfer of a registration have been instituted, this shall be entered in the Design Register and be published. When 
the case is finally d ecided, the decision shall be entered in the Design Register and be published.  
Cancellation of a registration pursuant to section 33 and removal of a registration pursuant to section 34 shall be 
entered in the Design Register and be published.  
The right to  continued use pursuant to section 31 shall be entered in the Design Register and be published if so 
requested by one of the parties.  
  
Chapter 6. Appeals, etc.  Section 36. Appeals concerning the decisions of the Norwegian Industrial Property Office  
If, in  relation to a design application or a request that an international design registration shall apply in Norway, the 
Norwegian Industrial Property Office decides against the applicant, an appeal may be made by the applicant to the 
Norwegian Board of Appeal  for Industrial Property Rights (Board of Appeal) . 
The decision in a case concerning administrative review pursuant to section 25 may be appealed to the Board of 
Appeal by the party that is decided against. If a claim pursuant to section 29 concerning trans fer of an application or 
registration is granted, the decision may be appealed to the Board of Appeal by the applicant or the holder.  
A decision to cancel an entry pursuant to section 33 may be appealed to the Board of Appeal  by the holder.  
The decision to  reject or refuse a request for  
1. resumption pursuant to section 19, fourth paragraph,  
2. exceptions from public disclosure pursuant to sections 21, fourth paragraph, 27, sixth paragraph, and 38, 
fifth paragraph,  
3. access to documents in cases pursuant to this Ac t, 
4. renewal of a design registration pursuant to section 24, or  
5. reinstatement of rights pursuant to section 50 may be appealed to the Board of Appeal  by the person who 
submitted the request.  
Other decisions by the Norwegian Industrial Property Office may no t be appealed.  
Section 37. Filing of appeals  
An appeal must be filed in writing with the Norwegian Industrial Property Office within two months after the date 
that notification concerning the decision is sent to the party concerned. The appeal shall state  
1. the name and address of the appellant,  
2. the decision that is appealed against,  
3. the desired amendment to the decision, and  
4. the grounds on which the appeal is based.  
The appeal shall in addition fulfil the requirements laid down by the King in regulations. Th e stipulated appeal fee 
shall be paid.  
Section 38. Consideration of appeals  
Other parties to the case shall be notified of the appeal as soon as possible and be given a reasonable time limit in 
which to respond.  
If the requirements for consideration of the  appeal are fulfilled, the Norwegian Industrial Property Office may set 
aside or amend the decision if it finds the appeal to be clearly justified. If such a decision is not made, the documents 
of the case shall be sent to the Board of Appeal. If the Norwe gian Industrial Property Office sends a s tatement to the 
Board of Appeal , a copy shall be sent to the parties.  
If the requirements for consideration of the appeal are not fulfilled, the appellant shall be given a reasonable time 
limit in which to respond a nd, if possible, correction of the irregularities. If the irregularities are not corrected before 
expiry of the time limit, the appeal shall be dismi ssed unless the Board of Appeal  finds that a new time limit for 
correction should be given.  If the appeal i s considered, the Board of Appeal shall make the examination that the appeal gives grounds for. It may 
take into consideration matters not affected by the appeal. If the appeal is withdrawn, the Board of Appeal  may 
continue consideration of the case if the re are special reasons for so doing. This paragraph shall apply only in so far 
as it is compatible with section 26, second paragraph.  
Anyone may claim access to the documents of an appeal case. The provisions laid down in section 21, fourth and 
fifth parag raphs, shall apply correspondingly.  
Section 39. Review by a court of decisions made by the Norwegian Board of Appeal for 
Industrial Property rights  
Decisions made by the Norwegian Industrial Property Office may only be brought before the courts if the righ t of 
appeal pursuant to section 36 has been used and the Board of Appeal has decided the appeal. The previous sentence 
does not affect the right to institute legal proceedings concerning invalidity or transfer pursuant to sections 25 and 
30. 
The decision o f the appeal case by the Board of Appeal may be brought before the courts by the party against which 
the decision was made unless otherwise provided by the third paragraph. Legal proceedings must be instituted within 
two months after the date that notifica tion concerning the decision is sent to the party concerned. Information 
concerning the time limit for instituting legal proceedings shall be included in the notification of the decision.  Legal 
proceeding s shall be brought against the State  represented by the Board of Appeal.  
The decision by the Board of Appeals of cases concerning administrative transfer of an application or registration 
may not be brought before the courts. The same applies to decisions where the Board of Appeals rejects or refuses a 
request for administrative review, or upholds a decision of the Norwegian Industrial Property Office concerning 
rejection or refusal.  
  
Chapter 7. Compensation and penalties, etc.  
 
Section 39 a Prohibition against infringements  
       Any person who has infri nged another person's rights pursuant to this Act, or aided and abetted thereto, may by 
judgment be prohibited from repeating this action. Any person who has made significant preparations with a view to 
carrying out an action that would constitute an infri ngement, or who has in some other manner acted in a way that 
gives particular grounds for fearing that the person in question will commit an infringement, may be prohibited by 
judgment from carrying out the action.  
 
Section 40. Compensation and damages for design infringement s 
For design infringements committed with intent or through negligence, the infringer shall pay the rightholder:  
a) compensation corresponding to a reasonable licence fee for the exploitation, as well as damages for any loss 
resulting fr om the infringement that would not have arisen in connection with licensing,  
b) damages for any loss resulting from the infringement, or  
c) compensation corresponding to the gain procured through the infringement.  
The compensation and damages are determined  on the basis of the provision in letters a to c that is most favourable 
for the rightholder.  
       If the infringement has been committed intentionally or through gross negligence, the infringer shall, if the 
rightholder so demands, pay compensation cor responding to double a reasonable licence free for the exploitation 
instead of compensation and damages pursuant to the first paragraph.         The first and second paragraphs apply correspondingly to aiding and abetting.  
       For infringements that ha ve taken place in good faith, the infringer shall, insofar as this is not seen as 
unreasonable, pay compensation corresponding to a reasonable licence fee for the exploitation or corresponding to 
the gain procured as a result of the infringement.  
       The liability under the first to third paragraphs may be reduced pursuant to the Act of 13 June 1969 No 26 on 
compensatory damages Section  5-2.  
Section 41. Measure s to prevent infringement s 
In order to prevent an infringement, the court may, insofar as this is deemed to be reasonable, order preventive 
measures to be taken in relation to products that constitute a design infringement, and in relation to materials and  
implements that are principally  used, or intended to be used, for the manufacture of such products. Such measures 
can, among other things, entail products and materials and implements being:  
a) recalled from the channels of commerce,  
b) definitively removed from the channels of commerce,  
c) destroyed, or  
d) handed over to the rightholder.  
The decision concerning whether such measures shall be imposed and the choice between possible measures shall be 
made on the basis of an assessment of propor tionality. Among other things, account shall be taken of the gravity of 
the infringement, the effects of the measures and third party interests.  
       The first paragraph applies correspondingly in cases as mentioned in Section 39 a second sentence.  
       Measures imposed pursuant to this section shall not be contingent on the rightholder paying compensation to the 
party against whom the measure is directed, and they do not affect the rightholder's right to compensation or 
damages pursuant to Section 40 . Measures shall be carried out for the defendant's account unless special grounds 
indicate otherwise.  
Section 41 a Permission for exploitation  
       Instead of stipulating measures pursuant to Sections 39 a and 41, the court may, when extraordinary gro unds for 
doing so exist, grant permission for exploitation of the design during the duration of the right to the design, or during 
part of it, in return for reasonable compensation to the rightholder and on appropriate terms and conditions in other 
respect s. Such permission may only be granted to a person who has acted in due good faith.  
Section 41 b Communication of information about judgments in infringement cases  
       In a judgment in an infringement case, the court may order that information about t he judgment shall be 
communicated in a suitable manner for the infringer's account. This applies correspondingly to aiding and abetting 
and in cases as mentioned in Section 39 a second sentence.  
 
Section 42. Use prior to registration  
If any person, withou t the applicant's consent, exploits a design for which an application for registration has 
been submitted, and if the exploitation takes place after the documents showing the design have become public 
pursuant to Section 21, but before the announcement of the registration, Section 39 a, Section 40 first to third and 
fifth paragraphs, Sections 41, 41 a and 41 b shall apply correspondingly if the application leads to registration.  
The statutory period of limitation for claims pursuant to this provision does not commence until the design has been 
registered.  Section 43. Grounds for judgment in favour of the defendant in civil cases  
In civil cases concerning design infringement, judgment that the registration is invalid or that its transfer may be 
claimed pursu ant to the provisions of chapter 5 may only be made if a final and unappealable judgment has already 
been passed declaring the registration invalid or ordering its transfer or if the Norwegian Industrial Property Office 
has made a final decision ordering c ancellation or transfer.  
Section 44. Penalties  
Any person who commits a design infringement is liable to fines or imprisonment for a term of up to one year.  
If especially aggravating circumstances exist, the penalty shall be fines or imprisonment for a t erm of up to three 
years. When assessing whether especially aggravating circumstances exist, particular importance shall be attached to 
the damage inflicted on the rightholder, including any damage to the rightholder's commercial reputation, the gain 
procu red by the infringer, and the extent of the infringement in other respects.  
For violation of this provision it may be abstained from prosecution if prosecution is not required by the public 
interest, cf. Procedural Penal Act Section 62 a .  
 
Section 45. Pe nalties and compensation in the event of breaches of the duty to disclose 
information pursuant to section 22  
A person who wilfully or negligently has breached the duty to disclose information pursuant to section 22 shall be 
liable to fines and shall compen sate for any damage to the extent deemed reasonable.  
 
Chapter 8. Provisions concerning legal proceedings  
Section 46. Obligatory venue  
The following actions must be brought before Oslo District Court:  
1. Actions concerning the right to a design for which a n application for registration has been submitted pursuant to 
this Act, cf. Section 30.  
2. Actions concerning a review of a decision made by the Norwegian Industrial Property Office's Board of Appeal 
as mentioned in Section 39.  
3. Actions concerning invalidity or the transfer of a registration  cf. Sections 25 and 30.  
4. Civil actions concerning design infringements.  
The Oslo District Court is the venue for applicants and holders who are not resident in Norway.  
Section 47. Notification of legal pr oceedings  
A person who institutes legal proceedings concerning invalidity or transfer of a registration shall at the same time 
notify the Norwegian Industrial Property Office and by means of a registered letter give notification to any licensee 
entered in the Design Register and whose address is recorded therein. A licensee who institutes legal proceedings 
concerning design infringement shall in the same way notify the person entered in the Design Register as the design 
right holder if his address is record ed in the register.  
If the plaintiff does not document that the necessary notifications have been given, the court may fix a time limit 
during which the notifications must be given. If the time limit is not observed, the case shall be dismissed.  Section 48 . Forwarding of judgments  
The court shall forward transcripts of judgments in civil disputes pursuant to this Act to the Norwegian Industrial 
Property Office.  
  
Chapter 9. Miscellaneous provisions  
Section 49. Address for correspondence  
Notifications from t he Norwegian Industrial Property Office  or the Norwegian Board of Appeal for Industrial 
Property Rights  to an applicant, design proprietor, or a party requiring an administrative review are always 
considered as submitted when sent to the address specified most recently to the Norwegian Industrial Property Office 
or the Norwegian Board of Appeal for Industrial Property Rights by the party concerned. The address shall be 
recorded in the Design Register. If the applicant or proprietor has a representative, not ifications according to this 
paragraph may be sent to the representative.  
If the recorded address proves to be incorrect, the notification or an extract thereof, shall be published in the 
Norwegian Design Journal (Norsk Designtidende) with an indication th at the document may be obtained at the 
Norwegian Industrial Property Office  or the Norwegian Board of Appeal for Industrial Property Rights . 
May service of process or other procedural notifications not be submitted at the stated address, paragraph 2 applie s 
correspondingly to the Court. In such case, the document shall be considered served or notification given four weeks 
after the publication in the Norwegian Design Journal (Norsk Designtidende).  
If the applicant or the design proprietor otherwise has appo inted a representative to act on his behalf in matters 
concerning the application or the design, the name and the address of the representative shall be recorded in the 
Design Register. This also applies if a party requesting an administrative review has a ppointed a representative to act 
on his behalf in matters concerning the request.  
Section 50. Reinstatement of rights  
A person who, in relation to the Norwegian Industrial Property Office, has failed to observe a time limit prescribed in 
or pursuant to the  provisions laid down in chapter 2, 4 or 6 and, as a result of this, has suffered loss of rights, shall, 
when so requested, be granted reinstatement of rights if he can prove that he or his representative has taken the care 
that may reasonably be expected.  The claim must be filed in writing with the Norwegian Industrial Property Office 
within two months after removal of the cause of the failure to observe the time limit and not later than four months 
after expiry of the time limit. Within the same time limi t, the omitted act shall be carried out. A stipulated fee shall 
be paid.  
The first paragraph shall not apply to time limits pursuant to section 16 concerning priority or the time limit for 
bringing legal proceedings pursuant to section 39, paragraph 2, 2. sentence. Nor shall reinstatement of rights be 
granted in cases of failure to observe the time limit laid down in section 37 for appeal against decisions referred to in 
section 36, second paragraph.  
Section 51. The Design Register, etc.  
The Norwegian Indus trial Property Office keeps the Design Register and issues a publication where registrations, 
etc. are published.  Anyone has a right to inspect the Design Register and to receive a certified extract therefrom. A stipulated fee shall 
be paid for extracts.  
A stipulated fee shall be paid for copies of documents available to the public pursuant to this Act.  
The fees for non -certified printouts and copies shall be set to a level where the total income does not exceed the 
actual costs of communicating the informa tion, with a reasonable profit added.  
Section 52. Regulations pursuant to this Act (Fees, etc.)  
The King may in regulations issue further provisions for supplementation and implementation of this Act. The King 
may, inter alia, issue provisions concerning  
1. the scope of the Norwegian Industrial Property Office’s examination of applications,  
2. international applications and registrations,  
3. length of time limits pursuant to the Act,  
4. division and merger of applications and registrations,  
5. keeping of and access to the  Design Register, and  
6. fee rates and payment. The King may here prescribe fees for division and merger of applications and 
registrations.  
Section 53. Licensing  
A design right holder may grant another person a right to use the design (licence). The licensee may not further 
transfer the right unless his agreement with the holder so permits.  
If the licence belongs to an undertaking, it may be transferred together with the undertaking unless otherwise agreed. 
A person who transfers the undertaking, shall remain liable for fulfilment of the agreement.  
A licence shall be entered in the Design Register and be published if one of the parties so requests. The same applies 
if a registered licence has been transferred or has ceased to be valid.  
Section 54. The legal eff ect, etc. of entries in the Design Register  
Legal proceedings that apply to a design registration may always be instituted against the person registered as holder 
of the design right in the Design Register and notifications that the Norwegian Industrial Pr operty Office shall give 
to the holder may always be sent to this person.  
If a design right is transferred to another person, this shall be entered in the Design Register and be published if one 
of the parties so requests. If some of the designs in a co -registration pursuant to section 15 are transferred, the 
transfer may only be entered in the Design Register and be published if the holder requests that the registration be 
divided. A stipulated fee shall be paid for such division.  
Liens attaching to the de sign right shall be entered in the Design Register and be published after notification by the 
execution and enforcement authorities (namsmyndighetene).  
A voluntary transfer of a design registration or a licence for which registration has been claimed, will  in case of a 
conflict prevail over transfers or licences that are not registred or for which registration has later been claimed, as 
long as the right holder in question acted in good faith at the time registration was claimed.  
  Chapter 10. International  design registration  
Section 55. Definitions  
By international design registration is meant registration of a design undertaken by the International Bureau of the 
World Intellectual Property Organization (WIPO) on the basis of the Geneva Act of the Hague Ag reement of 6 
November 1925 concerning the International Registration of Industrial Designs (Geneva, 2 July 1999).  
The Norwegian Industrial Property Office is the registration authority in matters relating to the international 
registration of designs in Nor way.  
Section 56. Application for international design registration  
A person who is a Norwegian national or domiciled or has a real and effective industrial or commercial 
establishment in Norway may apply for international registration of a design by filing  an application for this with the 
Norwegian Industrial Property Office or the International Bureau.  
The application shall fulfil the requirements laid down in the Geneva Act of the Hague Agreement.  
When an application for international design registration is filed with the Norwegian Industrial Property Office, the 
Norwegian Industrial Property Office shall forward the application to the International Bureau within the time limit 
laid down in regulations. A stipulated fee shall be paid for such forwarding.  
Section 57. Requirement that an international design registration shall have effect in Norway  
When the Norwegian Industrial Property Office receives a notification from the International Bureau with a 
requirement from the holder that an international regist ration shall have effect in Norway, the Norwegian Industrial 
Property Office shall examine whether the registration applies to a design as referred to in section 2 (1) and whether 
the requirements laid down in section 7, first paragraph, are fulfilled.  
If the requirements are not fulfilled, the Norwegian Industrial Property Office shall wholly or partly refuse to give 
the international registration effect in Norway. Such refusal must be notified to the International Bureau within the 
time limit laid down i n regulations.  
In the event of refusal, the holder of the international registration may, on the requirements laid down in regulations, 
request the Norwegian Industrial Property Office to re -evaluate the question of whether the international registration 
shall have effect in Norway.  
If the requirements are fulfilled, the Norwegian Industrial Property Office shall enter the international registration in 
the Design Register and publish that it has effect in Norway.  
Sections 19 and 50 shall apply corresponding ly to the Norwegian Industrial Property Office’s consideration of 
requests that an international registration shall have effect in Norway. If the international holder has claimed priority, 
section 16 shall apply.  
Section 58. The effects of an international  design registration  
An entry in the Design Register indicating that an international registration has effect in Norway has the same effect 
as if the design was registered in Norway. The entry has effect from the assumed date of the registration at the 
International Bureau.  Until the international registration is entered in the Design Register and published pursuant to section 57, fourth 
paragraph, the registration has the same effect as an application for design registration in Norway. If anyone uses the 
design without the consent of the international holder and this use takes place after the international registration has 
been published by the International Bureau, sections 39 a, 40 first to third and fifth paragraph and sections  41, 41 a 
and 41 b  shall ap ply correspondingly if the registration is subsequently entered in the Design Register . The period of 
limitation for claims pursuant to this paragraph does not commence until the registration has been entered in the 
Design Register.  
The entry may be renewe d pursuant to the provisions of the Geneva Act of the Hague Agreement. When the 
Norwegian Industrial Property Office receives notification from the International Bureau of renewal of an 
international registration, this shall be entered in the Design Regist er and published.  
An entry in the Design Register indicating that an international registration has effect in Norway may be cancelled, 
invalidated, transferred or removed pursuant to the provisions of chapter 5. Cancellation pursuant to section 33 must 
be carried out within the time limit laid down in regulations.  
Section 59. The effect of expiry of an international design registration  
If an international registration wholly or partly expires, it shall also cease to have effect in Norway to the same 
extent.  This shall be entered in the Design Register and be published.  
  
Chapter 11. Final provisions  
Section 60. Repeal of the Designs Act of 29 May 1970 and terminological amendments to 
other Acts  
--- 
Section 61. Other statutory amendments  
--- 
Section 62. Comme ncement and transitional provisions  
The Act shall apply from the date decided by the King. The King may bring into force the various provisions on 
different dates.  
The Designs Act shall also apply to designs which were registered or for which registration was applied before the 
Act entered into force with such exceptions as follow from this section.  
In the case of applications filed before the Act entered into force, the previous provisions concerning applications, 
processing, right of inspection, appeals a nd review of appeal decisions by a court shall apply.  
The provisions of sections 4 and 8 do not apply to designs which were registered or for which registration was 
applied before the Act entered into force. Review by the Norwegian Industrial Property Offi ce or the courts of a 
registration made on the basis of the previous provisions shall take place on the basis of these provisions.  
If anyone, before the Act entered into force, used a design in a manner that did not require the consent of the holder 
pursua nt to the previous provisions but which requires such consent pursuant to this Act, the person concerned may 
continue this use notwithstanding the new provisions. The same right may be invoked by persons who have made 
substantial preparations to use a desi gn.