Norwegian Customs' legal grounds for detaining goods, in the event the goods may infringeintellectual property rights (IPR), and the procedure for obtaining assistance from the customs authorities.
Chapter 10 of the Movement of Goods Act governs Norwegian customs legal grounds for the detention of goods that may infringeintellectual property rights, as well as similar violations of the Marketing Control Act. Customs authorities have three grounds for detaining goods we suspect may be pirated.
IPR goods can be detained on the basis of a preliminary court order (Section 10-4), decisions by the customs authorities (Section 10-4), or on the basis ofthe customs authorities' own actions (Section 10-5).
The legal grounds for detaining goods we suspect are IPR goods will depend on whether the rightsholder has pursued the option of obtaining a preliminary court order, or a decision granting assistance from the customs authorities.
In the absence of a preliminary court order or decision by the customs authorities, Norwegian Customs may, on its own initiative, detain goods which we suspect infringe an intellectual property right. In such cases, there is no obligation for Norwegian Customs to notify the rightsholder.
Detention on the basis of a decision on assistance from Norwegian Customs
The rightsholder may apply to the customs authorities for assistance with detaining goods suspected of infringing intellectual property rights, or certain rights under the Marketing Control Act (Section 10-1).
Applications must be submitted electronically to Norwegian Customs. On the basis of such an application, the customs authorities will be able to make a decision on assistance for the detention of goods. You can find the application on Altinn's website.
Rightsholders who use this option will also be able to use the simplified procedure for destruction of IPR goods (Section 10-7) and small shipments (Section 10-8).
Detention on the basis of a preliminary court order
The rightsholder can choose whether they wish to pursue the option of obtaining a preliminary court order (Section 10-3).
An application for a preliminary court order is sent to the court where your company has its place of business. The application must include name, address and telephone number, as well as a description of the case and background for a claim for a preliminary court order.
Intellectual property rights must be documented, and you must submit a statement of claim for what you believe the court's decision should be. For example, such a claim may be that Norwegian Customs, in connection with importing or exporting, must search for, identify and detain goods that violate your rights. The application must be submitted in four signed copies to the district court.
After a ruling has been issued, it is up to you as the rightsholder to reach an agreement with the importer on what will happen to the detained item. The district court will set a short deadline for this.
Important information
The option of applying to the customs authorities for assistance will exist in parallel with the option of obtaining a preliminary court order from the courts. It is important to note that if a preliminary court order is used, you will not be able to use the simplified procedures for the destruction of goods.
Detention where there is no decision on assistance or preliminary court order
Where the rightsholder does not have a preliminary court order or a decision on assistance from the customs authorities, Norwegian Customs has on its own initiative, the right to detain goods that are suspected of being IPR goods.
When the customs authorities detain goods on their own initiative, the rightsholder can be given the opportunity to apply for assistance after the goods have been detained by Norwegian Customs. In such cases, the rightsholder will receive a notification from the customs authorities about the right to apply for assistance (Section 10-5).