Marketing control act in Norway

Unfair business practice and disloyal copying

The Marketing Control Act gives an additional layer of IP protection besides the traditional Trademark Act, Design Act and Patent Act. In accordance with the Marketing Control Act, sanctions may be raised against unfair business practice among traders but also more specifically against unfair lookalikes or copies.

The Marketing Control Act is not limited to protection of registered rights but may also apply in cases involving copies of unregistered trademarks, designs and patents. The Act therefore plays an important role in incidents where products not registered as designs, trademarks or patent are being reproduced. In accordance with the Marketing Control Act it is prohibited to intentionally copy a third party’s product, meaning that subjective copying must be established to confirm infringement.

Bryn Aarflot’s lawyers are well experienced in handling cases under the Marketing Control Act. We may assist you with infringement risk evaluation related to an upcoming product or campaign. We may also assist with both negotiations and litigation should you be unfortunate enough to receive a claim of infringement related to one of your products. And of course; should you experience third party copying of one of your products, please feel free to contact our lawyers for assistance.

Bryn Aarflot’s lawyers assist both national and international clients with legal assessments and procedures related to the Business Competition Committee (NKU) or the courts.

Courses in marketing law

At Bryn Aarflot we offer speeches and training in marketing law. The speeches and training are tailored to your needs and cover topics such as:

• ·Requirements for protection under the Marketing Control Act
• ·Content and scope of the rules on protection against copying, good business practice
• ·Misleading advertising
• ·Trade Secrets
• ·Digital marketing
• ·Preventing competition in social media