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The role of the rightsholder

Chapter 10 of the Movement of Goods Act governs customs authority's detention of IPR goods,as long as such goods infringe an intellectual property right, or similar violations of the Marketing Control Act. 

Norwegian Customs Service will contact the rightsholder when goods suspected ofbeing fake have been detained. It will then be up to the rightsholder to decide if they wish to pursue the case further. Without such follow-up, the detained goods will be released. 

Norwegian customs authorities have three grounds for detaining goods suspected of infringement: 

  1. Detention on the basis of a decision on assistance from Norwegian Customs 

The rightsholder can apply to the customs authorities for assistance with detention of IPR goods. 

  1. Detention on the basis of a preliminary court order 

The rightsholder may choose to make use of the option of obtaining a preliminary court order. 

  1. Detention where there is no decision on assistance or preliminary court order 

Where the rightsholder does not have a decision on assistance from the customs authorities or a preliminary court order, Norwegian Customs has on its own initiative the right to detain goods that we suspect are IPR goods.