Legal grounds for the detention of goods from Norwegian Customs

Decision for assistance from Norwegian Customs

The rights holder may submit an application for assistance from Norwegian Customs for the detainment of goods suspected of infringing on their intellectual property right, cf. the Movement of Goods act section 10-1. The decision is valid for up to one year. If the rights holder wishes to extend the assistance period, an application for extension must be submitted within 30 business days before the current assistance period expires.

The application can be submitted by the rights holder or their representative. It must be submitted electronically; you can find the application form here. The form is available in English.

You can find more information about how to submit an application here.

The application must include a list and documentation over which intellectual property rights the application concerns. It shall also contain information that makes it possible for Norwegian Customs to identify authentic goods and, if known to the applicant, information that makes it possible to identify infringing goods. The application must contain a declaration where the rights holder accept liability for costs incurred by the customs authorities in connection with the detained goods. The Movement of Goods act section 10-1 (2) letter a – g lists which information the application must contain.

A rights holder with a decision for assistance can use the simplified procedure for destruction of goods (section 10-7) and small consignments (section 10-9).

Detention on the basis of a preliminary order

The rights holders may also make use of a preliminary order, cf. Section 10-3. Assistance from the customs authority following a preliminary order is determined by the court, upon petition from the rights holder or their representative.

The petition must include the name and address of the rights holder and their representative, as well as a description of the case, the grounds for requesting a preliminary order, evidence suggesting that the import or export of the goods would constitute an infringement of an intellectual property right, and documentation of the intellectual property rights the preliminary order is intended to protect. The petition must also include a proposed ruling that the rights holder or their representative believe the court should issue. For example, the proposal may request that the customs authority, upon import or export, search for, detect, and detain goods that infringe upon their rights.

Once the district court has issued a preliminary order, it is up to the rights holder to reach an agreement with the recipient of the goods regarding the potential destruction of the detained goods. The district court will set a short deadline for this. If the rights holder and the recipient agree on destruction, a declaration of destruction must be submitted to the customs authority within the deadline set by the district court.

In the case of a preliminary order, the rights holder will not be able to use the simplified procedure for the destruction of IPR goods and small consignments, cf. the Goods Movement Act Sections 10-7 and 10-8.

Detention prior to a decision for assistance or preliminary order

Norwegian customs can detain goods suspected of infringing on the rights holder’s intellectual property right prior to a decision for assistance, cf. the Movement of Goods act section 10-5.

The customs authorities may detain the goods for 5 business days from the day the notification was given. Since the rights holder in these cases does not yet have a legal basis for the detainment, the rights holder must within 4 business days apply for a simplified application for assistance from the customs authorities, cf. the Movement of Goods act section 10-5 (4). If the rights holder does not submit a simplified application within the deadline, the goods will be released from the detainment. Unless an agreement between the right holder and the recipient of the goods has been reached and a declaration of destruction is submitted to the customs authority within the deadline.

Destruction of counterfeit goods in cases with a decision for assistance

When the rights holder has confirmed that the goods are counterfeit and the recipient has consented to the destruction / not objected within the applicable deadline, Norwegian Customs shall destroy the goods, cf. Section 10-7. This only applies in cases where a decision for assistance has been issued.

Rights holders may request simplified destruction of small consignments under Section 10-8 when applying for a decision for assistance from Norwegian Customs. Small consignments are defined as postal or courier consignments containing five or fewer units, or with a gross weight under 3 kilograms, cf. the Goods Movement Regulations Section 10-8-1. In the case of simplified destruction of small consignments, the rights holder will not be notified of the detention unless the recipient objects to the destruction within the 10-business day deadline. If the recipient consents, the goods will be destroyed without notifying the rights holder.