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Cooperation with Norwegian Customs

Both in Norway and abroad you, as the holder of intellectual property rights, can ask the customs authorities for assistance in halting pirated goods. You can provide information to the customs authorities that makes it easier for customs officers to identify fakes.

There are various ways of requesting assistance. You can read below about the various alternatives so that you can choose the one that is most advantageous for your business.

Cooperation with the customs authorities in Norway:

Detention on own initiative

The customs authorities may, on their own initiative, detain goods on the way into the country that they suspect may be counterfeited. Norwegian Customs will contact the rights holder, who has ten working days in which to obtain an interim injunction from the district court if the goods are to be detained for a longer period.

Reporting breach of intellectual property rights to Norwegian Customs – request for assistance

If you have intellectual property rights to a product, such as trademark or design rights, and you suspect pirated goods are being brought into the country, you can also notify the customs authorities and request assistance in identifying the goods as counterfeits. Such a notification is valid for one year at a time. The service is free of charge.

The notification gives Customs an extra incentive to look out for goods that infringe your rights and enables Norwegian Customs to carry out better targeted checks to identify piracy.

The customs authorities will inform you if suspected pirated goods are on their way into the country. The customs authorities will warn you as rights holder and can detain the goods for 10 days.

You can then obtain an interim injunction from the district court and ensure that the customs authorities detain the goods for a longer period. If an interim injunction is not obtained before the deadline, the goods may be delivered to the importer.

You can also apply to Norwegian Customs for assistance in identifying pirated goods. Such applications can be made to the Directorate of Norwegian Customs by e-mail to tad.ipr@toll.no.

Interim injunction – detention for more than 10 days

When Norwegian Customs seizes goods at the border, either on its own initiative, or based on an application for assistance, the rights holder has 10 days in which to obtain an interim injunction from the district court if he wishes the goods to be detained longer.

The rights holder can also petition the court for an interim injunction on a general basis, without there being a specific case of detained goods. Such injunctions apply for one year at a time, after which you have to apply for a new one. The company must inform Norwegian Customs if it has obtained such an interim injunction. This type of interim injunction is common among rights holders who have regular problems with pirated goods.

After the district court has granted an interim injunction, it is up to the rights holder to reach an agreement with the importer on what is to be done with the detained goods. The district court will set a short deadline for this.

Consider a "Brand Identification Guide" for your company

Some companies choose to develop a "Brand Identification Guide" which can be issued to enforcement authorities such as customs and police. In this guide, the rights holders can provide information and show pictures of pirated products and genuine products, and show what officials should look out for in order to identify fakes. You can provide information on how legal goods are packaged, and what transport routes are used for the legal flow of goods, so that customs and police officers can be alerted more easily if consignments of goods deviate from this.

 

Last update: 22. June 2016