ORGANISATION MONDIALE 
DU COMMERCE 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce IP/N/I/NOR/D/l 
31 mai 1996 
(96-2059) 
Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECT DELLE NOTIFIEES AD TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Norvege 
Le present document contient le texte de la Loi sur les dessins et modeles 1, notifiee par la 
Norvege au titre de l'article 63:2 de l' Accord (voir le document IP/N/l/NOR/I). 
Il Y est aussi fait mention des modifications apportees a la Loi et au Reglement sur les brevets, a la Loi et au Reglement sur les marques et au Reglement sur les dessins et modeles, qui ont pris effet 
le ler janvier 1996 et que la Norvege a notifiees dans ses principales lois. Ces textes sont reproduits 
dans le document IP/NIl/NOR/IIl. 
'Anglais seulement. IP/NIlINORlDI 1 
Page 2 
Styret for det industrielle rettsvem 
(The Norwegian Patent Office) 
DESIGNS ACT 
Act No. 33 of May 29. 1970, as amended by Acts No. 2 of February 
8, 1980, No. 86 of July 26, 1992, and No. 113 of November 27. 1993. 
Chapter 1 
General Provisions 
Section 1 
In the present Act a design shall be defined as a model for the appearance of an arti­
cle or for an ornament. 
The originator of a design or anyone to whom his right is transferred may by re­
gistration in accordance with the present Act obtain an exclusive right to exploit the 
design commercially (the design right). 
Section 2 
A design is registrable only when differing essentially from what was known prior to 
the filing date of the application for registration. 
Everything that has become available to the public by depiction, exhibition, offer 
for sale or otherwise is considered as known. Furthermore, a design that is not avail­
able to the public is considered as known if it appears from an application for a pa­
tent, trademark or design registration in this country if such application has been or -
pursuant to what has been provided in this respect -shall be considered as filed prior 
to the filing date referred to in the first paragraph, provided that the design later is 
made available to the public in connection with the application procedure. 
Section 3 
A design may be registered notwithstanding the fact that it has become available to 
the public within six months immedeately prior to the filing of the application 
1) in consequence of an evident abuse in relation to the applicant or anyone from 
whom he derives his right, or 
2) because the applicant or anyone from whom he derives his right has displayed the 
design at an official or officially recognized international exhibition. 
s. nr. 248 -500 -2.90 . sawa a.s Section 4 
A design may not be registered IP 1Nl lINORlDI 1 
Page 3 
1) if the design or its exploitation would be contrary to decency or public order, 
2) if the design contains without authorization 
a) public coats of arms, flags, or other public emblems or signs, including the offi­
cial domestic or foreign control or guarantee marks or seals that are established for 
articles of the same or similar kind as the articles for which the design is demanded 
to be registered, or coats of anns, flags or other emblems, abbreviations or denomi­
nations belonging to intergovernmental organizations, or any international mark, 
seal or symbol when unauthorized use thereof is prohibited by law. Further, the de­
sign shall not be registered if it contains anything that may be confused with such 
emblems or marks etc. at mentioned herein, 
b) anything that is liable to be interpreted as the firm name or trademark of an­
other, or that is liable to be interpreted as the name or portrait of another person and 
does not obviously refer to somebody deceased long ago, 
c) anything that is liable to be interpreted as the distinctive title of a protected liter­
ary or artistic work of another, or that infringes the authorship (copyright) of another 
to such work, or the right of another to photographs, 
d) anything that does not essentially differ from designs registered in this country 
for another. 
Section 5 
The design right implies, with the exceptions established in this Act, that nobody ex­
cept the proprietor of the design right (the proprietor of the design) may without 
authorization exploit the design commercially by manufacturing, importing, offering 
for sale, transferring or leasing goods, the appearence of which does not differ es­
sentially from the design, or goods incorporating anything that does not differ es­
sentially from the design. 
The design right only comprises articles of the same or similar kind as the article 
for which the design is registered. 
Section 6 
Anybody exploiting the design commercially in this country at the time of filing the 
application for registration of the design may, regardless of the design right, con­
tinue the exploitation while retaining the general character thereof, provided that the 
exploitation did not constitute evident abuse in relation to the applicant or anyone 
from whom he derives his right. Anybody who had made substantial preparations to 
exploit the design commercially in this country has also on corresponding conditions 
such right of exploitation. 
The right referred to in the first paragraph may only be transferred together with 
the business in which it originated or in which the exploitation was intended to take 
place. 
t-----'9 
The design right does not comprise exploitation of art~cl~B 
protected by design right which are brought into the marked WIthIn 
The European Economic Area by the right holder or wi th his consent. IP/NI1 INORlDI 1 
Page 4 
Section 7 
The King may decree that, notwithstanding a registered design, spare parts and ac­
cessories for aircrafts may be imported into the country to be used for the repair of 
aircrafts belonging to a foreign country that grants similar benefits to Norwegian 
aircrafts. 
Section 8 
The King may decree that an application for the registration of a design for which an 
application for protection has been filed outside the country before the filing date, 
shall in relation to the provisions of Sections 2 and 6 upon request be considered as 
filed simultaneously with the application outside the country. 
The King specifies the conditions under which a right of priority as referred to 
herein may be asserted. 
Chapter 2 
The Application for Registration 
and Its Examination 
Section 9 
The registration authority is Styret for det industrielle rettsvern (the Patent Office). 
Section 10 
The application for a registration of a design shall be made in writing to the Patent 
Office. 
The application shall contain infonnation about the article for which the design is 
demanded to be registered. The originator of the design shall be named in the appli­
cation. If the registration is applied for by somebody other than the originator of the 
design, the applicant shall prove his right to the design. 
The application shall be accompanied by a picture showing the design. If, before 
the application is made publicly available in accordance with Section 18, the appli­
cant also files a model, this model shall be considered as showing the design. Furt­
hennore, the application shall be accompanied by a declaration signed by the appli­
cant to the effect that to his knowledge the design was not known prior to the date on 
which the application was filed or shall be regarded as filed, cf. Section 2, in any 
manner that according to Section 2, cf. Section 3, would prevent the registration of 
the design. 
The applicant shall pay the prescribed application fee and additional fees, cf. Sec­
tion 48. Section 11 IP/N/lINORlD/l 
Page 5 
An application may comprise more than one design if the articles for which the de­
signs are demanded to be registered, are interrelated as to manufacture and use. An 
application for such a joint registration may comprise at most 20 designs and may 
not concern ornaments. 
Section 12 
Any applicant who is not resident in this country shall have an agent domiciled in 
this country to represent him in all matters concerning the application. 
Section 13 
An application for the registration of a design shall not be considered as filed until 
the applicant has filed a picture or a model showing the design. An application may 
not be amended to concern another design or another article than stated in the appli­
cation. 
Section 14 
In the examination of an application for the registration of a design, the Patent Office 
shall, to the extent detennined by the King, examine whether the conditions for re­
gistration of the design are fulfilled. If the applicant has not complied with the requi­
rements prescribed, or if the Patent Office has other objections to the registration, the 
applicant shall be notified thereof in an official letter and be requested to express his 
views or make amendments within a specified time limit. 
If, within the specified time limit the applicant fails to express his views or amend 
the application in order to correct a defect pointed out, the application shall be shelv­
ed. Infonnation that this will be the consequence, shall be given in the notification 
from the Patent Office according to the first paragraph. 
However, the prosecution of the application shall be resumed if, within two 
months after the expiration of the given time limit, the applicant submits a statement 
or effects the amendment and, within the same time limit, pays a prescribed reinsta­
tement fee. Reinstatement may only be requested once. 
Section IS 
If, after the receipt of the applicant's reply, the Patent Office still finds any objection 
to the acceptance of the application, and if the applicant has had occasion to make 
his comment on the objection, the application shall be rejected, unless the Patent 
Office finds reasons for sending the applicant a further official letter. IP/N/1/NORlD/l 
Page 6 
Section 16 
If anybody claims before the Patent Office that he and not the applicant is entitled to 
the design, the Patent Office may, if the matter is found questionable, request him to 
institute legal proceedings within a specified time limit to have the question tried in 
court, while informing him that if the request is not followed, the claim may be dis­
regarded in the continued prosecution of the application. 
If the question of the title to the design stands before the court, the prosecution of 
the application may be suspended pending the final decision in the legal action. 
Section 17 
If anybody proves to the satisfaction of the Patent Office that he and not the appli­
cant is entitled to the design, the Patent Ofice shall upon his request transfer the app­
lication to him. The transferee shall pay a new application fee. 
If a request for a transfer of an application has been made, the application must not 
be amended, shelved, rejected or accepted until the request has been finally decided 
upon. 
Section 18 
If the application is in the prescribed fonn and no objection to the registration is 
found to exist, the application shall be published in order to give the public an op­
portunity to enter oppositions. On the applicant's request the publication may, how­
ever, be postponed for a period of up to six months counted from the filing date or, if 
priority as referred to in Section 8 has been claimed, from the date from which priori­
ty is claimed. Request for postponement shall be made in the application form. 
Oppositions against the registration shall be made in writing and must be received 
by the Patent Office within two months from the date of publication. 
Section 19 
If a postponement of the publication in pursuance of Section 18 has not been request­
ed by the applicant, all documents in the application shall be made available to the 
public from the filing date. 
If a postponement has been requested, the documents shall be made available to 
the public at the end of the postponement period, even if a publiction according to 
Section 18 will not yet be made. However, if at this time the application has been 
shelved or rejected, the documents shall not be made available unless the applicant 
requests reinstatement of the application or appeals against the decision. 
Proposals, drafts, opinions and other similar ~orking documents that the Patent 
Office prepares in the prosecution of an application are not available unless the Pa­
tent Office decides that they shall be available. Section 20 IP IN I lINORlDI 1 
Page 7 
After the expiration of the time limit specified in Section 18, second paragraph, the 
examination of the application shall be continued. Sections 14 to 17 apply to this ex­
amination. 
If an opposition has been lodged, it shall be communicated to the applicant. If the 
opposition is not evidently unfounded, the applicant shall be given the possibility to 
make his comments on the opposition. 
Section 21 
If the decision on an application goes against the applicant, he may appeal the deci­
sion to the Board of Appeals of the Patent Office. If an application is accepted in spi­
te of a properly raised opposition, the opponent may appeal the decision. If the op­
ponent withdraws his appeal, it may nevertheless be tried when there are special rea­
sons for doing so. 
If a request for reinstatement in accordance with Section 14, third paragraph, is re­
fused, or a request for transfer in accordance with Section 17 is accepted, the deci­
sion may be appealed by the applicant to the Board of Appeals of the Patent Office. 
If a request for transfer in accordance with Section 17 is refused, the decision may be 
appealed by the person who has made this request. 
Section 22 
Appeals shall be lodged with the Patent Office within two months from the day on 
which a notification concerning he decisions was sent to the party concerned. The 
prescribed fee shall be paid within the same time limit. If this is not done, the appeal 
will not be taken up for consideration. 
A decision whereby the Board of Appeals of the Patent Office rejects an applica­
tion may not be brought before the courts later than two months after the applicant is 
notified of the rejection. Information about the time limit for bringing the matter be­
fore the courts shall be given in the notification. 
There is no redress against a failure to comply with the time limits given in the 
fIfSt and second paragraphs. 
The rules in Section 19, third paragraph, correspondingly apply to documents pre­
pared by the Board of Appeals of the Patent Office. 
Section 23 
When a final decision has been made to effect registration, the design shall be enter­
ed in the Register and the registration shall be published. 
If an application, published in accordance with Section 18, is definitely shelved or 
rejected, notice thereof shall be published. IP/N/1/NORlDIl 
Page 8 
Chapter 3 
Period of Validity of the Design Registration 
Section 24 
The design registration is in force for up to five years from the day on which the 
application for registration was filed and may upon request be renewed for two furt­
her periods of five years each. Each such five years period runs from the expiration 
of the preceding period. 
Section 25 
Application for renewal of the registration shall be made in writing to the Patent Off­
ice not earlier than one year before and not later than six months after the expiration 
of the current registration period. Within the same interval the applicant shall pay the 
prescribed renewal fee and additional fees, see Section 48. In the opposite case, the 
application will be rejected. 
A renewal of the registration shall be published. 
Chapter 4 
Licenses, Assignments, Etc. 
Section 26 
If the proprietor of the design has granted another person a right to exploit the design 
commercially (licence), the licensee may not assign his right to others unless oth­
erwise agreed upon. 
If the licence forms a part of an enterprise, it may, however, be assigned together 
with the enterprise when nothing else is agreed upon. In such a case the assignor is 
still responsible for the fulfilment of the licence agreement. 
Section 27 1) 
If a design right has been transferred to another person, or a licence has been granted 
or has been assigned to another person, entry thereof shall be made in the Designs 
Register upon request by one of the parties and payment of a prescribed fee. If a lic­
ence entered in the Register is tenninated, an entry of this fact shall also, upon re­
quest by one of the parties, be made in the Register. 
I) Amended by Act No. 2 of February 8, 1980. In force on January 1, 1981. IP IN I lINORlD/l 
Page 9 
The provisions in the first paragraph shall apply correspondingly to a distraint and 
to a transfer and a termination of compulsory licences and to rights as dealt with 
under Section 32, second paragraph. t 
In the case of a joint registration the transfer of the design right may only be enter­
ed in the Register if it comprises all the designs. 
Legal actions concerning a design may always be brought against the person regis­
tered as proprietor, and notices from the Patent Office may be sent to said person. 
The voluntary assignment of the right to a design or the grant of a licence filed for 
registration, shall in case of interference have priority over a voluntary assignment or 
a grant of a licence which has not or only later been filed for registration, provided 
the proprietor of the right when filing, was in good faith. 
Registration of restraints is regulated by the Claims Enforcement 
Act Section 7-20 eighth paragraph. 
Section 28 
Anybody who at the time when an application was made available to the public, ex­
ploited the design commercially in this country, may, if the application results in a 
registration, obtain a cumpulsory licence for the exploitation of the design if special 
reasons therefor exist, and if he had no knowledge of the application when starting 
the exploitation and had not reasonably been able to acquire such knowledge. Under 
the same conditions, anybody who has made substantial preparations for commercial 
exploitation of the design in this country, is entitled to a compulsory licence. A com­
pulsory licence may also cover the period prior to the registration of the design. 
Section 29 
A compulsory licence may only be granted to a person considered able to exploit the 
design in a manner that is reasonable and in accordance with the terms of the licence. 
A compulsory licence does not prevent the proprietor himself from exploiting the 
design or from granting licences to others. A compulsory licence may only be trans­
ferred together with the business in which the exploitation was intended to take pla­
ce. 
Section 30 
A compulsory licence is granted by a court, which shall also decide the extent to 
which the design may be exploited and establish the remuneration to be paid and oth­
er conditions for the licence. If the circumstances change considerably, the court 
may on request by each of the parties revoke the licence or lay down new conditions 
therefor. IP/~/l/~()FtII>/l 
Page 10 
Chapter 5 
Termination of the Registration, Etc. 
Section 31 
If a design has been registered contrary to the provisions of Section 1 to 4, and if the 
objection is still valid, the registration may be declared invalid by court decision. 
However, a registration may not be declared invalid for the reason that the proprietor 
was only in part entitled to the design. 
Actions based on the allegation that the design is registered for somebody other 
than the person who is entitled to obtain registration according to Section 1, may on­
ly be brought by the person who claims to be entitled to the design. Such action must 
be brought by the person within one year after acquiring knowledge of the registra­
tion and the other facts on which the action is based. If the proprietor of the design 
was in good faith when the design was registered or the design right transferred to 
him, an action can in no case be brought later than three years after the registration of 
the design. 
With the exceptions stated in the second paragraph anybody may bring an action 
in pursuance of the present Section. 
There is no redress against the failure to comply with the time limits in the second 
paragraph. 
Section 32 
If a design has been granted to a person other than the one entitled thereto according 
to the provisions of Section 1, the rightful person may claim a court decision for the 
transfer of the design to him. The time limits in Section 31, second paragraph, shall 
apply to actions as referred to herein. 
If the person who is deprived of the design registration has in good faith in this 
country commenced to exploit the design commercially or has made substantial pre­
parations herefor, said person shall against reasonable remuneration and on reason­
able other conditions, be entitled to continue the exploitation already commenced or 
start the prepared exploitation, while retaining the general character thereof. On the 
same conditions, holders of licences entered in the Register shall have the same 
right. 
A right as stated in the second paragraph may only be transferred to others to­
gether with the business in which the right o~ginated or in which the exploitation 
was intended to take place. Section 33 IP/N/1/NORlD/l 
Page 11 
The design shall be cancelled from the Register when requested in writing by the 
proprietor. 
If a legal action concerning the transfer of the registration has been brought, or if a 
seizure for debt is effected in the design right, the design may not be cancelled from 
the Register upon request of the proprietor until a final decision has been taken in the 
action or the seizure is dropped. 
Chapter 6 
Obligation to Give Information 
Section 34 
An applicarit invoking his design application against a third party before the applica­
tion has become available to the public, is on request obliged to let the party con­
cerned inspect the documents of the application . 
. Anybody who either by direct communication to a third party or in advertise­
ments, or by the marking of goods or their packaging, or in any other way indicates 
. that a design has been applied for or is registered, without at the same time stating 
the number of the design application or of the registration, is obliged without undue 
delay to give such information to anybody requesting it. If it is not explicitly indicat­
ed that a design has been applied for or is registered, but if the circumstances are 
such that an impression to that effect is created, information as to whether or not a 
design has been applied for or is registered, shall on request be given without undue 
delay. 
Chapter 7 
Regulations Regarding Legal Protection, Etc. 
Section 35 
Anybody who deliberately infringes a design right (design infringement) or contri­
butes thereto, shall be punished by a fine or by imprisonment of up to three months. 
Public prosecution only take place at request of the plaintiff. 
Section 36 
Anybody who deliberately or by negligence commits design infringement, is liable 
to pay compensation for the exploitation of the design and for any further damage 
caused by the infringement. If there is only minor negligence, the compensation may 
be modified. IP/NIl/NORlDI 1 
Page 12 
If the infringement is committed in non-negligent good faith, the court may order 
the infringer to pay damages to the extent deemed reasonable, but not exceeding the 
profit presumably acquired as a result of the infringement. 
Section 37 
In case of design infringement the court may, to the extent deemed reasonable for 
preventing continued infringement, on a motion by the injured party, order that 
goods that without authorization have been produced in or imported into this coun­
try, or objects, the use of which would constitute design infringement, shall be alter­
ed in a prescribed manner, be destroyed or be taken into custody for the remainder of 
the period of the protection, or in the case of goods that without authorization have 
been produced or imported, be surrendered to the injured party against compensa­
tion. This does not apply to a third party who in good faith has acquired the goods or 
objects in question or rights thereto and who has not himself committed infringe­
ment. 
In case of very special reasons, the court may on request, irrespective of the pro­
visions of the first paragraph, grant permission during the remainder of the period of 
the protection of the design or part thereof against reasonable compensation and on 
otherwise reasonable conditions to dispose of goods that without authorization have 
been produced or imported. 
Section 38 
If anybody without authorization commercially exploits a design the registration of 
which has been demanded, and if the exploitation takes place after the documents ha­
ve become available to the public in accordance with Section 19, Sections 36 and 37 
shall apply correspondingly, provided the application results in a registration. How­
ever, damages for injury due to exploitatIon prior to the publication in accordance 
with Section 18 shall always be limited as stipulated in Section 36, second par­
agraph. 
The statutory period of limitation for claims in accordance with this provision does 
not commence until the design has been registered. 
Section 39 
In civil cases relating to design infringement, an acquittal cannot be based on the fact 
that the registration is invalid or that its transfer may be claimed (see Section 31 and 
32), unless a judgment declaring the registration invalid or ordering its transfer has 
first been passed. Section 40 IP 1Nl lINORlDI 1 
Page 13 
Anybody who deliberately or by negligence violates the provisions of Section 34, 
shall be punished by a fine and is liable to pay compensation for the damage caused 
to the extent deemed reasonable. 
Prosecution by the public prosecutor takes plase only upon request by the injured 
party. 
Chapter 8 
Provision on Legal Procedure 
Section 41 
The following legal actions shall be brought before the City Court of Oslo: 
1) actions relating to the title to a design that has been claimed registered in pursu­
ance of the present Act, 
2) actions relating to reconsideration of the decision by which the Board of Appeals 
of the Patent Office rejects an application for registration of a design, see Section 
22, second paragraph, 
3) actions relating to the invalidation or transfer of a registered design, see Sections 
31 and 32. 
The City Court of Oslo is the venue of applicants and design proprietors who are 
not resident in this country. 
Section 42 
Anybody bringing a legal action for invalidation or transfer of a registration to him­
self or regarding a compulsory licence, shall at the same time notify the Patent Off­
ice thereof and give notice of the action by registered mail to any licensee entered in 
and having his address in the Register. A licensee who wants to bring an action for 
design infringement, shall in the same way notify the proprietor of the design, pro­
vided the address of the latter is recorded in the Register. 
If the plaintiff does not prove that notification as stated in the first paragraph has 
been given, the Court may fix a time limit for giving the notification. If the time li­
mit is exceeded, the action shall be dismissed. 
Section 43 
Copies of judgments in legal actions brought in pursuance of this Act shall be sent to 
the Patent Office by the Court. IP/N/1/NORlD/1 
Page 14 
Chapter 9 
Miscellaneous Provisions 
Section 44 
Anybody is entitled to inspect the Designs Register and against a fee obtain certified 
copies thereof and certified copies of an appliction with enclosures after it has been 
made available to the public in pursuance of Section 19. 
Section 45 
A design proprietor who is not resident in this country, shall have an agent, who is 
domiciled in this country and who is entered in the Designs Register, and on his be­
half can receive writs and other procedural communications concerning the design. 
If the proprietor of the design does not have such an agent, writs may be served by 
sending the document concerned by registered mail to the address recorded in the 
Designs Register. In such cases the provisions of Section 178 of the Law Relating to 
the Courts of Justice shall apply. 
If there is no complete address recorded in the register, a document in which a le­
gal action is brought or else when the Court sees reasons therefor, may be served by 
publication of the document concerned or an extract thereof in Norsk Lysingsblad 
(the Norwegian Official Gazette) and in the publication issued by the Patent Office, 
stating that the document may be collected at the office of the Court. In such cases, 
the provisions of Section 181, fourth paragraph, of the Law Realating to the Courts 
of Justice shall apply, with the modification that the time of the notification in the 
publication issued by the Patent Office shall replace the time of posting a notice in 
the Court. 
Section 46 
Subject to reciprocity, the King may decree that the provisions of Section 12 or Sec­
tion 45 shall not apply to applicants or design proprietors domiciled in a specific 
foreign country or having an agent domiciled therein and who is named to the regis­
tering authorities in this country, and empowered according to the said provisions. 
The writ or the communication shall then be served in accordance with the general 
provisions of Chapter 9 of the Law Relating to the Courts of Justice. 
Section 47 
Further provisions regarding applications for registration and renewal and the handl­
ing thereof, the Design Register, the publication issued by the Patent Office and the 
practising of this Act in general shall be established by the King. In this connection it 
may be decided that the journals of the Patent Office for applications filed and t!'le 
handling thereoC shall be available to the public. Section 48 IP/NI1/NORlDI 1 
Page 15 
When applying for a registration of a design or a renewal of a design registration, 
application or renewal fee and possibly the following additional fees shall be paid: a 
class fee for each class more than one, a joint registration fee for each design more 
than one, a storage fee for storing a model and a publication fee for the publication of 
each picture more than one. An increased renewal fee is paid after the expiration of 
the current registration period. 
The King detennines the fees referred to in this Act as well as detailed rules for the 
payment of the fees. When altering the renewal fees he may decide that the new fees 
shall apply also to prior registrations. The King also determines fees for an entry in 
the Designs Register and for copies and certifications given by the Patent Office. 
Chapter 10 
Provisions for Entry into Force and 
Transitional Provisions 
Section 49 
This Act comes into force on October 1, 1970. Simultaneously, the Designs Act of 
July 2, 1910, with subsequent amendments is repealed. However, the prior Act shall 
apply to applications for registrations filed on or before September 30, 1970, and to 
designs which are or will be registered in pursuance of such applications. Never­
theless, the provision of Section 1, third paragraph, of the previous Act shall not 
apply to literary or artistic works if the design protection therefor expires after Sep­
tember 30, 1971. 