CMS Expert Guide on Preliminary Injunctions in IP in Norway

PIs apply to claims involving the infringement of all typical IP rights, including  patents, trademarks, designs, copyrights and/or marketing in breach of the Norwegian Marketing Control Act. 

No. An application for a PI can be filed without any prior out of court action.

No. 

However, as a general rule, you are expected to act without undue delay to succeed in claiming that a PI is necessary

PIs can be obtained relatively quickly, but the total processing time varies depending on the circumstances of the case. In particularly urgent cases, a PI may be granted without oral proceedings and can be obtained the same day (or at least within a day or two).

Where oral proceedings are held, PIs can generally be  obtained within about a month, 

Yes. PI proceedings can be suspended, typically based on a joint request from the parties, or if the outcome depends in whole or in part on a legal matter that will be bindingly decided in another case. Due to the nature of PI proceedings, however, these are rarely suspended. 

As a general rule, a request for a PI can only be granted if the main claim of the claimant is “proven“, which means it must be more likely than not that the claim is justified. Therefore, the claimant is required to put forth evidence that supports the merits of the claim.

An exception to this burden of proof if delay poses a risk. However, even if there is a risk of delay, the court is free to decide on its own discretion whether an injunction should be granted. If it is unlikely that the plaintiff has a main claim, this will be a weighty argument against an injunction.

Yes. If delay poses a risk, the court may grant a PI without hearing the other party. 

Yes. The courts will generally award the winning party costs.

No, there is no requirement, but the court may order the claimant to provide security, as a condition for the entry into force, and execution of, the PI. The size of the security deposit would also be up to the court’s discretion in each case. 

Yes.

An appeal will not suspend the effect of the PI.

Yes.

An appeal will not suspend the effect of the PI.

The PI generally becomes effective once the decision is issued by the court.

At the claimant’s request, the court may decide that the claimant or the enforcement authorities shall be entitled to perform an act that the defendant has refrained from, despite t being obligated to perform the act in accordance with the PI. Alternatively, the court may impose an ongoing penalty on the defendant for each day or week that passes without fulfilment of a duty to act.

A duty to refrain from or tolerate an action can be enforced by ordering the defendant to provide security for the damage that will be caused by a continued breach of said duty.

Yes.

Yes. When granting a PI, the court will usually set a deadline for the claimant to initiate legal proceedings to finally settle the dispute.

However, if the PI is not challenged by the defendant, and the court has not set a deadline for any further proceedings in the case, the PI can in principle stand on its own for years, without the claimant having to conduct further proceedings on the merits.