Disputes and legal procedure

Why use professional help?

As IP rights often represent a major business asset for companies and other businesses, we highly recommend using professional help when dealing with disputes.

Our lawyers and patent attorneys are experts in analyzing and assessing infringements of exclusive rights, protection against copying and breach of good business practice in Norway.

Unlike regular law firms, Bryn Aarflot offers both technical and legal expertise within all areas relating to IP rights. Many of our attorneys have worked in different industry sectors and bring valuable insight and experience. We provide a full range of services and can assist our clients with any IP legal issues, including negotiations, mediation and applications for interim injunctions.

Below are examples of administrative and legal institutes or bodies available in intellectual property dispute resolution.

Norwegian courts

In some cases, it is not possible to resolve a dispute using mediation, negotiation or any other administrative or out-of-court procedure. If you find yourself in an intellectual property dispute that ends up in court, Bryn Aarflot has highly experienced and competent lawyers who are ready to assist.

Council dealing with unfair marketing practices (NKU)

Our experienced lawyers are ready to assist you with cases before the Council dealing with unfair marketing practices (NKU), whether your company is bringing or defending a claim. NKU issues opinions in disputes between traders, and although the opinions are not legally binding, they carry great weight in practice. If you need help in a dispute related to provisions in the Marketing Control Act relating to copying, good business practice, misleading advertising or trade secrets, our lawyers are highly experienced in representing clients before the NKU.

Complaints to the Norwegian Industrial Property Office

The Norwegian Industrial Property Office assigns and administers patents, trademark and design rights in Norway. There are several routes to challenging decisions made by the Norwegian Industrial Property Office and we assist our clients with all types of such complaints. For example, our lawyers can help with filing protests against third party trademark applications or oppositions against third party registrations. We can also help you complain when an application is rejected, or in cases where rights are cancelled.

KFIR

If the Norwegian Industrial Property Office Office has rejected your application, you can have the decision reviewed by complaining to the Norwegian Board of Appeal for Industrial Property Rights. Bryn Aarflot’s experienced lawyers and patent advisors can help you through the review process.

EPO

The European Patent Office determines applications for and administers European patents. If the conditions for granting a patent are met, a European patent will apply in each of the European countries the applicant has included in their application. Whatever your requirement, our qualified lawyers and patent advisors stand ready to assist.

The Market Council

Bryn Aarflot assists businesses complain unfavorable decisions by the Consumer Authority before the Market Council.

The Market Council is a court-like administrative body which decides in cases of alleged infringement of the Marketing Control Act, the Alcohol Act and the Tobacco Control Act. A case must first be heard by the Consumer Authority before it can be brought before the Market Council.

In many cases, litigation cases before the Market Council is carried out along the same lines as in the regular courts, and it is advisable to retain professional assistance throughout the process.

The Market Council only decides on the public law aspects of the case. Cases between businesses are handled by the regular courts or, if appropriate, the Business Competition Committee.

The Consumer Authority

The Consumer Authority handles tips or complaints against illegal marketing or unlawful contractual terms. This may include advertising in social media, Internet fraud, telephone sales, online shopping etc. Our lawyers have extensive experience with handling such cases and stand ready to assist your company comply with relevant laws and regulations. We also assist in cases of complaints brought against our clients, including appealing unfavorable decisions before the Market Council.