WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/NOR/D/3 
11 July 2012 
 (12-3747) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
NORWAY 
   The present document reproduces the text
1 of the Designs Act, which entered into force on 
1 July 2010, as notified by Norway on 12 June  2012 under Article 63.2 of the Agreement (see 
document IP/N/1/NOR/3). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
NORVÈGE 
 
 
 Le présent document contient le texte1 de la Loi sur les dessins et modèles, entrée en vigueur 
le 1er juillet 2010 et notifiée par la Norvège le 12 juin 2012 au titre de l'article 63:2 de l'Accord (voir 
le document IP/N/1/NOR/3). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
NORUEGA 
   En el presente documento se reproduce el texto
1 de la Ley de Dibujos y Modelos, que entró en 
vigor el 1º de julio de 2010, notificado por Noruega el 12 de junio de 2012 en virtud de lo dispuesto 
en el párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/NOR/3). 
 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/NOR/D/3  
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  LOV 2003-03-14 nr 15: The Designs Act. 
 
This is an unofficial translation of the No rwegian Designs Protection Act (Act no. 15 of 
14 March 2003). This is a consolidated version of the original text and later amendments. 
Should there be any differences between this translation and the auth entic Norwegian text, 
the decision will be made on the basis of the authentic Norwegian text.    
Date of enactment of the original text. 
 14-03-2003 
Date of entry into force of the original text. 
 01-05-2003 
Date of entry into force of the last 
amendment(s).  01-07-2010 
Ministry responsible. 
 JD (Ministry of Justice and Public Security) 
Short title. 
 The Designs Act 
 
Table of contents   
 
Chapter 1 - General provisions  
Chapter 2 - Application for registration of design   
Chapter 3 - Public disclosure and th e duty to disclose information   
Chapter 4 - The period of validity  of a design registration   
Chapter 5 - Review and invalidity, etc   Chapter 6 - Appeals   Chapter 7 - Compensation and penalties, etc   
Chapter 8 - Provisions con cerning legal proceedings  
Chapter 9 - Miscellaneous provisions   Chapter 10 - Internationa l design registration   
Chapter 11 - Final provisions  
  
   
   IP/N/1/NOR/D/3  
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  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 fulfiled, including protection under th e Trademarks Act, the Copyright Act, and the 
Patent Act. 
Section 2. Definitions 
In this Act 
1. design means the appearance of a product or pa rt of a product resulting from the features of, 
in particular, the lines, contours, colours, shape,  texture or materials of the product itself or its 
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 means a product which is com posed 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 d esign is new and has individual character. 
A design shall be considered new if no identical d esign 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 deemed 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 pr oduced on such a user by any 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. Complex 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 component 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.  IP/N/1/NOR/D/3 
Page 6  
 
  Section 5. The design's availability to the public 
A design shall be deemed to have been made avai lable 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 
referred 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 pers ons under explicit or implicit conditions of 
confidentiality.  
Section 6. Actions that do not destroy novelty (grace period) 
The design is not regarded as having been made ava ilable to the public pursuant to section 5 if it has 
been made available to the public, at the earliest, tw elve 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 pr ovided 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 insignia, subject to section 328, first 
paragraph (4) or second paragraph of  the Penal Code, a national flag or an official control or 
guarantee mark for products of the same or a si milar 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 conflict s with a design that is the subject of a previous 
application for design right in Norway that was not av ailable 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 or igin 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 unde r Act of 19 December 2003 No. 124 on Production 
of foodstuff and Food safety, etc.   IP/N/1/NOR/D/3  
 Page 7 
 
 
  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 a nd dimension in order to permit the product to be 
mechanically connected to or placed in, around or against another prod uct, 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 scope 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 follo w from sections 10 to 12.  The aforementioned use 
shall cover, in particular, the making, offering, pu tting 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 do es not produce on an informed user a different 
overall impression. In assessing the scope of the desi gn 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 design 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 citatio ns 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 another state when these temporarily enter 
Norwegian territory, 
2. importation to Norway of spare parts and accesso ries 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. 
  IP/N/1/NOR/D/3 
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  Chapter 2. Application for registration of design 
Section 13. Application for registration 
An application for registration of a design shall be filed in writing with the Norwegian Industrial 
Property Office. 
The application shall state the name and address of th e applicant and the product or products to which 
registration of the design is sought, and shall in clude reproductions clearly illustrating the design. 
If the applicant also submits a model of the design prio r to its registration, it is the model that shall be 
regarded as illustrating the design. 
The application shall state the name of the designe r. The designer's name shall be entered in the 
Design Register. If the design is the result of coop eration 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 the requi rements 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. The design that the app lication concerns may only be amended if the design 
in its amended form retains its identity a nd fulfils the requirements for registration. 
Section 15. Application for registration of more than one design multiple registration 
An application may include more than one design if the products belong to the same class according 
to the Locarno Agreement of 8 October 1968 establishi ng an international classification for industrial 
designs. 
Section 16. Priority 
A person who has filed an application for design protec tion 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 months after, this applies for a design right in No rway, 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 exhibition as 
referred to in the Convention of 22 November 1928  relating to internationa l exhibitions and who, 
within six months after this, applies for a design ri ght in Norway, may claim that the application be 
regarded as filed on the date when the desi gn was first exhibited at the exhibition. 
The King may in regulations lay down further require ments concerning the right to claim priority. The 
King may also provide that priority may be claime d in cases other than those referred to in the first 
and second paragraphs.  IP/N/1/NOR/D/3  
 Page 9 
 
 
  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 Indus trial Property Office shall also ensure that the 
application applies to a design as referred to in sect ion 2 (1), and that the requirements laid down in 
section 7, first paragraph, are fulfilled. 
To the extent prescribed in regulations laid dow n by the King, the Norwegian Industrial Property 
Office shall, at the request of the applicant, also examine whether ot her factors exist that may prevent 
design right and, in such case, info rm the applicant of this. A stipul ated fee shall be paid for this 
examination. 
Section 18. Registration and publication 
If the application 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. Th e 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 request ed 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 irregular ities. The applicant shall be given a reasonable 
time limit in which to respond and, if possi ble, for correction of the irregularities. 
If the irregularities are corrected with in the time limit set by the No rwegian Industrial Property Office, 
the application is regarded as filed on the date it was received by the Norwegian Industrial Property 
Office. However, the application is not regarded as filed until reproductions or a model of the design 
have been received by the Norw egian 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 aba ndoned shall be resumed if the applicant submits 
comments or corrects the irregularities within two mont hs after expiry of the time limit. A stipulated 
fee shall be paid. Processing of an a pplication may only be resumed once. 
Section 20. If the application has 
irregularities that are not corrected subject to th e 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 I ndustrial Property Office finds that the applicant 
should be given a new time limit for correction. IP/N/1/NOR/D/3 
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  Chapter 3. Public disclosure and the duty to disclose information 
Section 21. Access to the documents of an application 
From the date an application is filed, anyone ma y demand access to the application and its enclosures 
and all documents pertaining to the case, unless otherwise provided in the second to the fifth 
paragraph. 
Access may not be demanded to documents that ma y reveal the appearance of the design until the 
design has been registered pursuant to section 18. Wh en six months has elapsed from the date referred 
to in section 3, second paragraph, the documents sha ll 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 agai nst the decision or claims compensation. 
If the applicant so demands, the documents that ma y 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 disclosure 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 
may 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 ag ainst another party before the design has been 
made available to the public shall, if so re quested, 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 has provided information that may give the impression that a design right has 
been applied for or granted shall, if so request ed, 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, calculated from the application date. A registration valid for a period shorter than twenty-
five years may be renewed for further five-year period s up to a total registration period of twenty-five 
years. Each period shall run from the end of the pr evious period. For the design of a component part 
used for the purpose of the repair of a complex prod uct so as to restore its original appearance (spare 
part), registration shall be valid for a maximum of five years.  IP/N/1/NOR/D/3  
 Page 11 
 
 
  Section 24. Renewal of registration 
Requests for renewal 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 expiry 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 d esign, shall be regarded as a request for renewal. 
The renewal of a registration shall be entere d in the Design Register and be published. 
 
 
Chapter 5. Review and invalidity, etc.  Section 25. Administrative revie w and review by a court of law 
 
If a design fails to fulfil the requirements laid down in  sections 2 to 8, the design registration shall be 
wholly or partly cancelled by the Norwegian Industria l 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 is entitled to obtain regi stration 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 invalidated on the basis that the hold er has only partial right 
to the design. 
Section 26. Time limits and requirement s regarding association with a case 
An administrative review may be requested by anyone during the period of registration unless 
otherwise provided by the s econd 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 who 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 founded on the 
assertion that the registration violates rights re ferred 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 whic h the claim is founded. If the holder acted in good faith when the 
design was registered or when the registration was tr ansferred 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 correspondi ngly to legal proceedings concerning invalidity. 
Legal proceedings concerning invalidity may also be instituted after the registration has lapsed or has 
been renounced. A person who brings a legal action in such a case must have legal interest in the case. IP/N/1/NOR/D/3 
Page 12  
 
  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 Prope rty 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 th e 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 file d in writing with the Norwegian Industrial Property 
Office, stating 
1. the name and address of the person who filed the request, 
2. the registration and, if appropriate, the desi gn in the registration for which a review is 
requested, 
3. the grounds on which the request is based, and 
4. necessary documentation of circumstances  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 unless the Norwegian Industr ial Property Office finds that a new time limit 
should be given for correction. 
If the request for review is filed by a person othe r than the holder, the Norwegian Industrial Property 
Office shall as soon as possible notify the holder 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 are put forward. 
The Norwegian Industrial Property Office may take in to 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, fourth and fifth paragraph, shall apply correspondingly. 
Section 28. Amendment of a registered design 
The registration of a design may be partly cance lled by the Norwegian Industrial Property Office if 
the design in its amended form retains its identity and fulfils 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.  IP/N/1/NOR/D/3  
 Page 13 
 
 
  The amended design shall be entered in the Design Register and a new notification of registration 
shall be sent to the holder. Notification of the amen dment 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 administrative revi ew, claims the right to a design that has been 
registered for another person may claim that the re gistration be transferred rather than cancelled. 
If someone claims the right to a design in an ap plication filed by another person, the Norwegian 
Industrial Property Office may transfer the applic ation. 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 second paragraphs, a pers on 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 Of fice may disregard the clai m. The claimant shall 
be notified of this. 
Section 30. Legal proceedings concerning tr ansfer of an application or registration 
A person who claims the right to a design in an appl ication filed by another person or to a design that 
has been registered for another person may institute le gal 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 paragraph. 
Section 31. Right to continued use 
If a person who is deprived of registration pursuan t to section 29 or 30 has in good faith begun to use 
the design in Norway or has made extensive prep arations to do so, he may continue or commence 
such use in exchange for a reasonable remunerati on and on otherwise reasonable requirements. This 
right shall apply on the same requirement s to holders of registered licences. 
Rights pursuant to the first paragraph may only be transferred to other persons in conjunction with 
transfer of the undertaking in which the right arose or where use was intended to take place. 
Section 32. The relationship between cases befo re the Norwegian Industrial Property Office and 
before the courts 
If proceedings before the Norwegian Industrial Proper ty Office concerning transfer of an application 
are in progress, the Patent Office may not amend, ab andon, refuse or grant the application before the 
case concerning transfer is finally decided. If the case concerns the right to a design in a registration, 
the registration may not be cancelled, am ended 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 fina l and un¬appealable judgment. If legal proceedings 
are instituted concerning invalidity, the Norw egian Industrial Property Office shall defer the 
processing of a case concerning cancellation until such date. IP/N/1/NOR/D/3 
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  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. Cancellation 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 Offi ce may on its own initiative wholly 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 Re gister after expiry of the registration period. 
If legal proceedings have been instituted concerning tran sfer of the registration or if the design right 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 una ppealable judgment or the execution lapses. 
Section 35. Entry in the Design Register and publication 
If a request for administrative review of a regi stration has been submitted or legal proceedings 
concerning invalidity or transfer of a registration ha ve been instituted, this shall be entered in the 
Design Register and be published. When the case is finally decided, the decision shall be entered in 
the Design Register and be published. 
Cancellation of a registration pursuant to secti on 33 and removal of a registration pursuant to 
section 34 shall be entered in the D esign Register and be published. 
The right to continued use pursuant to section 31 sh all 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 th at an international design registration shall apply in 
Norway, the Norwegian Industrial Property Office d ecides against the applican t, an appeal may be 
made by the applicant to the Norwegian Industr ial Property Office's the Board of Appeals. 
The decision in a case concerning administrative revi ew pursuant to section 25 may be appealed to the 
Board of Appeals by the party that is decided ag ainst. If a claim pursuant to section 29 concerning 
transfer of an application or registration is grante d, the decision may be appealed to the Board of 
Appeals by the applicant or the holder. 
A decision to cancel an entry pursuant to section 33 ma y be appealed to the Board of Appeals by the 
holder.  IP/N/1/NOR/D/3  
 Page 15 
 
 
  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 Act, 
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 Appeals by the 
person who submitted the request.  
Other decisions by the Norwegian Industrial Property Office may not be appealed. 
Section 37. Filing of appeals 
An appeal must be filed in writing with the Norw egian Industrial Property Office within two months 
after the date that notification concerning the decisi on 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 require ments laid down by the King in regulations. The 
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 Norwegian 
Industrial Property Office sends a statement to th e Board of Appeals, 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 and, if possible, correction of the irregularities. If the 
irregularities are not corrected before expiry of the ti me limit, the appeal shall be dismissed unless the 
Board of Appeals finds that a new time limit for correction should be given. 
If the appeal is considered, the Board of Appeals shall make the examination that the appeal gives 
grounds for. It may take into consideration matte rs not affected by the appeal. If the appeal is 
withdrawn, the Norwegian Industrial Property Office may continue consideration of the case if there 
are special reasons for so doing. This paragraph sha ll apply only in so far as it is compatible with 
section 26, second paragraph. 
Anyone may claim access to the documents of an a ppeal case. The provisions laid down in section 21, 
fourth and fifth paragraphs, shall apply correspondingly. IP/N/1/NOR/D/3 
Page 16  
 
  Section 39. Review by a court of decisions made by the Board of Appeals 
Decisions made by the Norwegian Industrial Property Office may only be brought  before the courts if 
the right of appeal pursuant to section 36 has been  used and the Board of Appeals 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 of the appeal case by the Board of Appeals may be brought before the courts by the 
party against which the decision was made unless ot herwise provided by the third paragraph. Legal 
proceedings must be instituted within two months  after the date that notification concerning the 
decision is sent to the party concerned. Informa tion concerning the time limit for instituting legal 
proceedings shall be included in the notification of the decision. 
The decision by the Board of Appeals of cases concer ning administrative transfer of an application or 
registration may not be brought before the courts. Th e same applies to decisi ons where the Board of 
Appeals rejects or refuses a request for administra tive review, or upholds a decision of the Norwegian 
Industrial Property Office concerning rejection or refusal. 
 
 
Chapter 7. Compensation and penalties, etc.  Section 40. Compensation for design infringement  
A person who wilfully or negligently uses a d esign in contravention of  this Act shall pay 
remuneration to the aggrieved party equivalent  to a reasonable licence fee for the use and 
compensation for further damages that may have been caused by the use. 
The remuneration may be reduced and the compen sation mitigated if there is little to hold the 
infringer responsible for. 
If the use occurred in good faith, to the extent deem ed reasonable, the court may order the infringer to 
pay remuneration and compensation pursuant to th is section. The remuneration and compensation 
may not exceed the estimated profit of the infringer. 
Section 41. Measures to prevent new design infringement 
In order to prevent new design infringement, the court may, if so requested by the aggrieved party, 
decide that products produced in or imported to No rway in contravention of the Act or articles that 
can only be used for design infringement shall be  amended in a specific manner, destroyed or 
confiscated for the remainder of the protection peri od. On the same conditions , the court may decide 
that products produced in or imported to Norway in  contravention of the Act may instead be delivered 
to the aggrieved party in return for remuneration. 
The first paragraph may not be a pplied in relation to a person w ho in good faith has acquired such 
products or articles or rights to them, and who is not personally guilty of design infringement. 
Section 42. Use prior to registration 
If anyone, without the consent of the applicant, u ses a design for which registration has been applied 
and if the use takes place after the documents s howing the design have be come publicly available 
pursuant to section 21, sections 40 and 41 shall apply correspondingly provided that the application  IP/N/1/NOR/D/3  
 Page 17 
 
 
  results in registration. Remuneration and compensa tion for use prior to the notice of registration 
pursuant to section 18 shall nevertheless always be limited in accordance with section 40, third 
paragraph. 
The statutory period of limitation for claims pursu ant 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, judgmen t that the registration is invalid or that its 
transfer may be claimed pursuant 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 O ffice has made a final decision ordering cancellation 
or transfer. 
Section 44. Penalties for design infringement 
A person who wilfully uses a design in contravention of th is Act or who is accessory thereto shall be 
liable to fines or imprisonment for up to three months. 
Public prosecution will only be instituted if  so requested by the aggrieved party. 
Section 45. Penalties and compensation in th e 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 comp ensate for any damage to the extent deemed 
reasonable. 
Public prosecution will only be instituted if  so requested by the aggrieved party. 
  Chapter 8. Provisions concerning legal proceedings  Section 46. Obligatory venue 
 The following legal actions must be brought before the Oslo District Court: 
 
1. Actions concerning the right to a design for wh ich registration has been applied pursuant to 
this Act, cf. section 30. 
2. Actions concerning the review of a decision made by the Board of Appeals as referred to in 
section 39. 
3. Actions concerning invalidity or transfer of a registration, cf. sections 25 and 30. 
 
The Oslo District Court is the venue for applican ts and holders who are not resident in Norway. 
Section 47. Notification of legal proceedings 
A person who institutes legal proceedings concerning invalidity or transfer of a registration shall at 
the same time notify the Norwegian Industrial Propert y Office and by means of a registered letter give 
notification to any licensee entered in the Design Re gister and whose address is recorded therein. A IP/N/1/NOR/D/3 
Page 18  
 
  licensee who institutes legal proceedings concerning design infringement shall in the same way notify 
the person entered in the Design Register as the desi gn right holder if his address is recorded in the 
register. 
If the plaintiff does not document that the necessary no tifications 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 the Norwegian Industrial Property Office 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 Industr ial Property Office by the party concerned. The 
address shall be recorded in the Design Register. If  the applicant or proprietor has a representative, 
notifications according to this paragra ph may be sent to the representative. 
If the recorded address proves to be incorrect, the notif ication or an extract thereof, shall be published 
in the Norwegian Design Journal (Norsk Designtide nde) with an indication that the document may be 
obtained at the Norwegian Industrial Property Office. 
May service of process or other procedural notif ications not be submitted at the stated address, 
paragraph 2 applies 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 appointed a representative to act on his behalf 
in matters concerning the application or the desi gn, the name and the address of the representative 
shall be recorded in the Design Register. This al so applies if a party requesting an administrative 
review has appointed 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 Industr ial 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 Prope rty 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 limit, the omitted act sha ll be carried out. A stipulated fee shall be paid. 
The first paragraph shall not apply to time limits pur suant to section 16 concerning priority or the time 
limit for bringing legal proceedings pursuant to sec tion 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 referre d to in section 36, second paragraph.  IP/N/1/NOR/D/3  
 Page 19 
 
 
  Section 51. The Design Register, etc. 
The Norwegian Industrial 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 documen ts 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 in formation, 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 Prope rty Office's examination of applications, 
2. international applicati ons 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 ri ght 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 undertak ing, shall remain liable for fulfilment of the 
agreement. 
A licence shall be entered in the Design Register a nd 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 effect, etc. of entries in the Design Register 
Legal proceedings that apply to a design registra tion may always be instituted against the person 
registered as holder of the design right in the Desi gn Register and notifications that the Norwegian 
Industrial Property Office shall give to the holder may always be sent to this person. 
If a design right is transferred to another person, th is 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 Regi ster 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 design right shall be entere d in the Design Register and be published after 
notification by the execution and enforcement authorities (namsmyndighetene). IP/N/1/NOR/D/3 
Page 20  
 
  If a design registration is voluntarily transferred to two or more parties, the most recently transferred 
right shall, in cases of conflict, have priority over the earlier transferred right if it was the first to be 
notified for entry in the Design Register provided that the holder acted in good faith when notifying transfer of the right for entry in the register. The same applies in cases of conflict between licences. 
 
 
Chapter 10. International design registration  Section 55. Definitions  
By international design registration is meant regist ration of a design undertaken by the International 
Bureau of the World Intellectual Property Organizati on (WIPO) on the basis of the Geneva Act of the 
Hague Agreement of 6 November 1925 concerning the International Registration of Industrial 
Designs (Geneva, 2 July 1999). 
The Norwegian Industrial Property Office is the re gistration authority in matters relating to the 
international registration of designs in Norway. 
Section 56. Application for international design registration 
A person who is a Norwegian nati onal or domiciled or has a real  and effective industrial or 
commercial establishment in Norway may apply for in ternational registration of a design by filing an 
application for this with the Norwegian Industria l 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 regi stration is filed with the Norwegian Industrial 
Property Office, the Norwegian Industrial Propert y 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 recei ves a notification from the International Bureau 
with a requirement from the holder that an internati onal registration 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 requireme nts 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 intern ational registration effect in Norway . Such refusal must be notified to 
the International Bureau within the time limit laid down in regulations. 
In the event of refusal, the holder of the internati onal registration may, on the requirements laid down 
in regulations, request the Norwegian Industrial Prope rty Office to re-evaluate the question of whether 
the international registration shall have effect in Norway. 
If the requirements are fulfilled, the Norwegian Indus trial 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 correspondingly 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.  IP/N/1/NOR/D/3  
 Page 21 
 
 
  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 h as the same effect as an application for design 
registration in Norway. If anyone uses the design wit hout the consent of the international holder and 
this use takes place after the international registra tion has been published by the International Bureau, 
sections 40 and 41 shall apply correspondingly if th e registration is subsequently entered in the 
Design Register. Remuneration and compensation for use before the entry is published pursuant to 
section 57, fourth paragraph, shall nevertheless alwa ys be limited in accordance with section 40, third 
paragraph. The period of limitation for claims pur suant to this paragraph does not commence until the 
registration has been entered in the Design Register. 
The entry may be renewed pursuant to the provision s of the Geneva Act of the Hague Agreement. 
When the Norwegian Industrial Property Office recei ves notification from the International Bureau of 
renewal of an international registration, this sha ll be entered in the Design Register and published. 
An entry in the Design Register indicating that an international registration has effect in Norway may 
be cancelled, invalidated, transferred or removed pur suant to the provisions of chapter 5. Cancellation 
pursuant to section 33 must be carried out with in 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  
The Designs Act of 29 May 1970 is repealed. The te rm "mønster" (design) shall be replaced by the 
term "design" when used both in isolation and in compounds in the following statutory provisions: 
 
1. Section 273 (5) of the Act of 13 August 1915 No. 6 relating to Legal Procedure in Civil Cases 
2. Section 2, first paragraph (e) of the Act of  15 December 1950 No. 4 relating to enemy 
property. 
3. Section 14, first paragraph (5) of the Act of  3 March 1961 No. 4 relating to trademarks. 
4. Section 10, first paragraph of the Act of 12 Ma y 1961 No. 2 relating to copyright in literary, 
scientific and artistic works, etc. 
5. Section 3-4, second paragraph (b), and section 5- 9, first sentence of the Mortgage Act of 8 
February 1980 No. 2. In section 3-7 of the Act of 11 June 1993 No. 65  relating to competition 
in commercial activity, the term "mønster" (design)  shall be replaced by "en registrert design" 
(a registered design).  IP/N/1/NOR/D/3 
Page 22  
 
  Section 61. Other statutory amendments 
1. In the Act of 2 July 1910 No. 7 relating to the office for the protection of industrial property, 
section 5, first paragraph shall read as follows:  A Second Instance Department decision shall be  made by a committee consisting of three 
members unless the chairman or vice-chairman of  the department has decided that the case 
shall be considered by a committee consisting of five members. A decision not to consider the 
appeal may be made by the chairman or the vi ce-chairman alone if this decision is found by 
him to be indisputable.   
2. In the Act of 3 March 1961 No. 4 relating to tr ademarks, the following amendments shall be 
made: 
 
Section 19, third paragraph shall read as follo ws: If the applicant does not respond or rectify 
the irregularity before expiry of the time limit, the application shall be disallowed. 
Consideration of the application shall be resu med if the applicant responds or rectifies the 
irregularity within two months after expiry of the time limit. A stipulated fee shall be paid. 
Resumption may be granted only once during consideration of the application. 
 Section 22a, first paragraph, second sentence sha ll read as follows: A stipulated fee shall be 
paid.  Section 23a, second paragraph shall read as follows : A request for renewal shall be filed in 
writing with the Norwegian Industrial Property O ffice at the earliest one year before and at 
the latest six months after expiry of the regist ration period. A stipulated fee shall be paid. If 
the request for renewal is filed after the expiry  of the registration period, an additional fee 
must also be paid.  
Section 33, first paragraph shall read as follo ws: If so requested by the new the holder, the 
transfer of a registered trademark shall be recorded in the Trademark Register and notice 
thereof published. Sections 28 and 31 shall apply correspondingly.  Section 34, third paragraph, first sentence sh all read as follows: Both the holder of the 
trademark and the licensee may request that a lic ence for a registered trademark be recorded 
in the Trademark Register and notice thereof published. 
 Section 47, second sentence and new third sentenc e shall read as follows: The application 
shall otherwise satisfy the requirements laid dow n in regulations. A stipulated fee shall be 
paid. 
 
Section 50, third paragraph shall read as follo ws: The provisions laid down in sections 19 and 
60 shall apply correspondingly.  Section 60, first paragraph, third sentence, and new fourth sentence shall read as follows: 
Within the same time limit, the neglected act sh all be carried out. A stipulated fee shall be 
paid.  Section 61 shall read as follows: Anyone has a right to inspect the Trademark Register and to obtain a certified extract therefrom or copies of trademark applications with enclosures which are publicly available pursuant to section 17a. For such transcripts and copies, a stipulated fee 
shall be paid.  IP/N/1/NOR/D/3  
 Page 23 
 
 
    
3. In the Act of 15 December 1967 No. 9 relating to  patents, the following amendments shall be 
made:  Section 15, third paragraph shall read as follo ws: Consideration of the application shall 
nevertheless be resumed if the applicant submits comments or takes steps to correct the 
irregularity within four months after expiry of the said time limit. A stipulated fee shall be paid.  Section 27, first paragraph, second sentence shall read as follows: A stipulated fee shall be 
paid. 
 Section 31, first paragraph, second sentence sha ll read as follows: The applicant shall pay a 
stipulated fee to the Norwegia n Industrial Property Office. 
 
Section 72, first paragraph, third sentence a nd new fourth sentence shall read as follows: 
Within the same time limit, the neglected act sh all be carried out. A stipulated fee shall be 
paid.    
4. Section 2 of the Act of 17 April 1970 No. 21 relating to the right to employees' inventions 
shall read as follows: With such limitations as follow from the provisions of section 7, first 
paragraph, section 9 and section 10, the Act sh all only be applicable when not otherwise 
agreed or assumed to be agreed.  
Section 62. Commencement 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 whic h were registered or for which registration was 
applied before the Act entered into force w ith such exceptions as follow from this section. 
In the case of applications filed before the Act en tered into force, the previous provisions concerning 
applications, processing, right of inspection, appeals and 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 in to force. Review by the Norwegian Industrial 
Property Office 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 pursuant to the previous provisions but which requires such consent pursuant to this Act, 
the person concerned may continue this use notw ithstanding the new provisions. The same right may 
be invoked by persons who have made substantial preparations to use a design. 
 
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