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 Extract  The Act  of 31 May 2013 No 25  amending legislation on the 
protection of industrial property rights etc.  
 
   
III  
The following amendments are made to the Act of 21 June 1985 No 79   relating to 
the Exclusive Right to Business Names and other Business Distinguishing 
Characteristics etc:  
 
Section 5 -2 first sentence shall read as follows:  
       In connection with a legal action brought pursuant to Sections 5 -1, 6-2 or 6 -3, or 
an independent legal action, the courts may order  such precautionary measures as 
are necessary to prevent the continued use of the business name in unchanged 
form.  
 
The heading of Chapter 6 shall read:  
Chapter 6. Penalties and compensation e tc.  
 
The new Section 6 -1 shall read as follows:  
       Whosoever wilfully uses a business name that is protected pursuant to Sections 
3-2 and 3 -3 in contravention of the right of another person or who aids and abets 
thereto, is liable to fines or impriso nment for a term of up to one year.  
       If especially aggravating circumstances exist, the penalty shall be a fine or 
imprisonment for a term of up to three years. When assessing whether especially 
aggravating circumstances exist, particular importance  shall be attached to the loss 
inflicted on the rightholder, including any damage to the rightsholder's commercial 
reputation, the gain obtained by the infringer, and the extent of the infringement in 
other respects.  
       A public prosecution will only be instituted if the aggrieved person so requests 
unless this is required by the public interest.  
       With the exception of Section 61, the provisions concerning sanctions against 
trademark infringements in the Trademarks Act Chapter 8  apply correspondingly to 
the use of a business name that is protected pursuant to Sect ion 3 -2 and 3 -3 in 
contravention of the right of another person.  
       Sections 5 -2, 6-2 and 6 -3 apply to the use of other business names than those 
protected pursuant to Sections 3 -2 and 3 -3 in contravention of this Act or the right of 
another person.  
 
The present Sections 6 -1 and 6 -2 will become Sections 6 -2 and 6 -3.  
   
IV  
The following amendments are made to the Act of 15 June 1990 No 27  relating to the 
protecti on of layout designs for integrated circuits:  2 
  
The new Section 5 a shall read as follows:  
 
Section 5  a Prohibition against infringements   
       Any person who has infringed 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 has made significant preparations with a view to carrying out an 
action that would constitute an infringement, or who has in some other manner acted 
in a way that gives particular gro unds for fearing that the person in question will 
commit an infringement, may be prohibited by judgment from carrying out the action.  
Section 6 shall read as follows:  
Section 6  Compensation and damages for infringements   
       For infringements of anothe r person's rights pursuant to this Act committed 
intentionally 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 from t he 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 obtained through the infringement.  
The compensation and damages are deter mined on the basis of the provision  in 
letters a to c that is most favourable for the rightholder.  
       If the infringement has been committed with intent or through gross negligence, 
the infringer shall, if the rightholder so demands, pay compensation corresponding 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  have 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 achieved as a 
result of the infringement.  
       The liability under the first to third paragraph may be reduced pursuant to the Act 
of 13 June 1969 No 26 on compensatory damages Section  5-2.  
 
Section 7 shall read as follows:  
Section 7  The right to exploit layout designs that constitute an infringement of a right 
to a layout design for an integrated circuit   
       Any person who, in good faith, has acquired an integrated circuit that constitutes 
an infringeme nt of a right to a layout design for an integrated circuit shall be entitled 
to import and exploit the integrated circuit for commercial purposes. Appropriate 
compensation shall be paid for importation or commercial exploitation that takes 
place after the acquiring party is no longer in good faith.   
       When special grounds exist, the courts may, instead of stipulating measures 
pursuant to Sections 5 a and 8, decide that a person who, acting in good faith, has 3 
 acquired a copy of a layout design for an i ntegrated circuit that constitutes an 
infringement of a right to a layout design shall be permitted to exploit the integrated 
circuit in question in return for reasonable compensation and on appropriate terms 
and conditions in other respects, during the wh ole or part of the duration of the right 
to the layout design.  
Section 8 shall read as follows:  
Section 8  Measures to prevent infringements   
       In order to prevent an infringement, the courts may, insofar as this is deemed to 
be reasonable, order pre ventive measures to be taken in relation to copies of 
integrated circuits that constitute an infringement of a right to a layout design for an 
integrated circuit and in relation to materials and implements  that are principally  used, 
or intended to be used,  for the manufacture of such copies. Such measures can, 
among other things, entail copies of integrated circuits 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 
proportionality. 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 5 a 
second sentence.  
       Measures imposed pursuant to this section  shall not be contingent on the rights 
holder paying compensation to the party against whom the measure is directed, and 
they do not affect the rights holder's right to compensation or damages pursuant to 
Section 6. Measures shall be carried out for the de fendant's account unless special 
grounds indicate otherwise.  
The new Section 8 a shall read as follows:  
Section 8  a Communication of information about judgments in infringement cases   
       In a judgment in a case concerning infringement, the courts may  order  that 
information about the 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 5 a second sentence.  
Section 9 shall read as follow s:  
Section 9  Penalties   
       Any person who with intent commits or aids and abets the infringement of a right 
to a layout design for an integrated circuit 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 term of up to three years. When assessing whether especially 
aggravating circumstances exist, particular importance shall be attached to the loss 4 
 inflicted on the rightholder, including  any damage to the rightsholder's commercial 
reputation, the gain procured by the infringer, and the extent of the infringement in 
other respects.  
       A public prosecution will only be instituted if the aggrieved person so requests 
unless this is requi red by the public interest.  
   
V  
The following amendments are made to the Act of 12 March 1993 No 32  relating to 
the plant breeder's right:  
 
In Chapter 6, the new S ection 21 a shall read as follows:  
Section 21  a Prohibition against infringements   
       Any person who has infringed 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 has made significant preparations with a view to carrying out an 
action that would constitute an infringement, 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 22 shall read as follows: Section 22  Penalties   
       Any person who with intent commits or aids and abets the commission of an 
infringement against the rights of a pla nt breeder 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 term of up to three years. When assessing whether especially 
aggravating cir cumstances exist, particular importance shall be attached to the loss 
inflicted on the rightholder, including any damage to the rightholder's commercial 
reputation, the gain procured by the infringer, and the extent of the infringement in 
other respects.  
       Any person who with intent violates the provisions concerning the use of variety 
denominations in Section 20, or who aids and abets thereto, shall be liable to fines.  
       In connection with violation of the provisions of the first or second para graph, a 
public prosecution will only be instituted if the aggrieved person so requests unless 
this is required by the public interest.  Violation of the provisions of the third 
paragraph will only be prosecuted if the aggrieved person so requests.  
Sectio n 23 shall read as follows:  
Section 23  Compensation and damages for infringements   
       For infringements of a breeder's right committed with intent or through 
negligence, the infringer shall pay the rightholder:  
a) compensation corresponding to a reas onable licence fee for the exploitation, as 
well as damages for any loss resulting from the infringement that would not have 
arisen in connection with licensing,  
 b) damages for any loss resulting from the infringement, or  
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  c) compensation corresponding to  the gain obtained 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 with intent or through g ross negligence, 
the infringer shall, if the rightsholder so demands, pay compensation corresponding 
to double a reasonable licence free for the exploitation instead of compensation and 
damages stipulated pursuant to the first paragraph.  
       The first and second paragraphs apply correspondingly to aiding and abetting.  
       For infringements that have 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.  
       Any person who with intent or through negligence violates the provisions 
concerning variety denominations in Section 20 is obliged to compensate the loss 
caused by the violation.  
       The liability under the first to third and fifth paragraphs may be reduced pursuant 
to the Act of 13 June 1969 No 26 on compensatory damages Section  5-2.  
 
Section 24 shall read as follows: Section 24  Measures to prevent infringements   
       In order to prevent an infringement, the courts may, insofar as this is deemed to 
be reasonable, order preventive measures to be taken in relatio n to plant material 
that constitutes an infringement of a plant breeder's right, and in relation to materials 
and implements  that are principally  used, or intended to be used, for the production 
of such plant material. Such measures can, among other things , entail plant material 
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 s uch measures shall be imposed and the choice 
between possible measures shall be made on the basis of an assessment of 
proportionality. Among other things, account shall be taken of the gravity of the 
infringement, the effects of the measures and third part y interests.  
       The first paragraph applies correspondingly in cases as mentioned in Section 21 
a second sentence.  
       Measures imposed pursuant to this section shall not be contingent on the 
rightholder paying compensation to the party against wh om the measure is directed, 
and they do not affect the rightsholder's right to compensation or damages pursuant 
to Section 23. Measures shall be carried out for the defendant's account unless 
special grounds indicate otherwise.  
The new Section 24 a shall read as follows:  
Section 24  a Permission for exploitation   
       Instead of stipulating measures pursuant to Sections 21 a and 24, the court may, 
when extraordinary grounds for doing so exist, grant permission for the exploitation of 6 
 a plant variety duri ng the duration of the plant breeder's right, or during part of it, in 
return for reasonable compensation to the rightholder and on appropriate terms and 
conditions in other respects. Such permission may only be granted to a person who 
has acted in due goo d faith.  
The new Section 24 b shall read as follows:  
Section  24 b Communication of information about judgments in infringement cases   
       In a judgment in an infringement case, the courts may order  that information 
about the judgment shall be communic ated in a suitable manner for the infringer's 
account. This applies correspondingly to aiding and abetting and in cases as 
mentioned in Section 21 a second sentence.  
Section 25 shall read as follows: Section 25  Temporary legal protection   
       Insofar a s an application leads to the granting of a plant breeder's right, Section 
3, Section 21 a, Section 23 first to third and fifth and sixth paragraphs, Sections 24, 
24 a and 24 b shall also apply during the period from the application was announced 
pursuant to Section 7 until the plant breeder's right was granted.  
       The limitation period for claims pursuant to this section does not start to run until 
the plant breeder's right is granted.  
 
Section 29 first paragraph shall read as follows:  
       Action s concerning the right to a plant variety for which a plant breeder's right 
has been applied for, actions concerning the transfer of a plant breeder's right, civil 
actions concerning infringements of a plant breeder's right and actions as mentioned 
in Sect ion 12 second paragraph, Section 17, Section 18 second paragraph, cf. 
Section 12 second paragraph and Section 28, shall be brought before Oslo District 
Court.