Detention of counterfeit goods
07. September 07
New regulations in Norway
Until now counterfeit goods that have entered
Norway
could only be withheld by the customs authorities if the owner of the original
goods had obtained a preliminary injunction from a court of law. This practice
made
Norway
a safe haven for counterfeited goods as they could easily enter the country due
to the extremely cumbersome system that e.g. a trademark holder would have to
initiate.
Fortunately from September 1, 2007 the customs authorities have obtained extended
powers to seize counterfeited goods and other infringements on intellectual property.
The new provisions have been introduced to make Norwegian regulations more effective
in the fight against organized crime.
The new provisions gives the customs authority the possibility to detain goods
suspected to infringe on somebody’s intellectual property rights such as trademarks,
patents, copyrights or designs.
The customs authorities may detain the goods at their own initiative or on behalf
of the right holder. In addition to this the professional secrecy is abolished
to enable the customs authorities to notify the right holder of the fact that
import of counterfeit goods has been attempted.
After seizure the right holder is notified and given a five-day deadline to obtain
a preliminary injunction over the seized goods. Unless a preliminary injunction
is obtained, the goods will have to be released and declared. If a preliminary
injunction is obtained it is up to the right holder to reach an agreement with
the importer of the counterfeit goods, either through a settlement or a writ of
summons.
The right owner may send an application for action to the customs authorities
to notify of any suspicion of import of counterfeited goods. The application is
valid for one year at a time and hence has to be renewed every year.
Please let us know if you require any more information in relation to the above.
