Industrial design protection in Norway

Although Norway is not as famous for design as France or Italy, it still has certain advantages to develop various types of industrial designs in a number of specific fields, based on the specific cultural, social and economic factors of this country. Norwegians tend to favor minimalism, functionality, and sustainability in interior design. They appreciate products that are of good quality, exquisite design, and environmentally friendly. Naturally sourced furniture, home décor and household appliances with simple yet luxurious designs can be a potential direction. With an active lifestyle and a love of the outdoors, Norwegians have a great demand for sports and picnic fashion products. Clothing products, shoes, backpacks, bags,… Ergonomic, comfortable design, durable materials and resistance to harsh weather will be preferred. Norway has many unique architectural works, harmoniously combining traditional and modern elements. Green buildings, the use of renewable energy and sustainable materials are gaining more and more attention. To exploit these advantages, Norwegian designers need to focus on a combination of aesthetics, functionality, and sustainability in their products. They also need to take a closer look at the tastes and needs of Norwegian consumers, and take advantage of new technologies to create groundbreaking and differentiated products. In addition, the Norwegian government also needs to have policies to support and encourage the development of the design industry, creating favorable conditions for designers to access domestic and foreign markets. Viet An Law would like to guide customers through the preliminary procedures for registering industrial designs in Norway through the article below under Design Law 2023.

Definition of industrial design in Norway

In Norway, industrial design refers to the aesthetic or decorative aspect of a product that can be copied industrially. It includes the shape, configuration, pattern, or decoration of the whole or part of the product that is attractive and visually evaluated. This can apply to a wide range of products, from furniture and home appliances to electronics and vehicles.

Conditions for registering an industrial design in Norway

• Novelty: The design must be new. This means that it has not been widely published anywhere in the world before the filing date. Public disclosure includes any disclosure through publication, use, or other means that a person skilled in the field may be aware of.
• Uniqueness: The design must be distinctive. This means that it must create an overall impression that is different to the knowledgeable user compared to any existing design. This is a subjective evaluation and factors such as the nature of the product, The degree of freedom of the designer and the overall impression of the style are taken into consideration.
• Not entirely determined by technical function: The design is not completely governed by the technical function of the product. While a style may have functional aspects, aesthetic features should not be entirely determined by technical constraints. There must be a certain degree of freedom for the designer to express creativity in the form of the product.
• Not contrary to public order or morality: Designs must not be contrary to public order or morality. This is a general rule of thumb that excludes offensive designs.

Types of industrial designs that can be registered in Norway

Two-way design

• Pattern: A repetitive or non-repetitive design is applied on a surface, such as textiles, wallpaper, or packaging.
• Decorative motifs: Decorative elements that enhance the appearance of a product, such as logos, graphic icons, or fonts.

Holographic design

• Shape of the product: The overall appearance or configuration of an object, such as a chair, lamp, or bottle.
• Configuration of the product: The arrangement of the parts or elements that make up a product, such as the layout of the buttons on the remote control or the arrangement of the parts in the machine.
• Product Decoration: Decorative features are applied to the product, such as reliefs, carvings, or textures.

Combining two-dimensional and three-dimensional designs

Designs that incorporate both two-dimensional and three-dimensional elements can also be registered. For example, a product has a unique shape and a special pattern is applied on its surface as follows: Furniture, Home Appliances, Electronics, Toys, Clothing, Shoes, Jewelry, Packaging, Bottles, Containers, Graphical User Interface (GUI)

Look up industrial designs in Norway

• Norwegian Industrial Property Office (NIPO) Database: NIPO’s lookup system is where users can search for registered Norwegian industrial designs using keywords, applicant names, or registration numbers.
• DesignView: This is a global database that allows users to search for registered designs in various countries and regions, including Norway.

Application for Industrial design registration in Norway

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Industrial design registration in Norway under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, Norwegian or Norwegian) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application in accordance with WIPO’s prescribed form in one of three languages: English, Norwegian or Norwegian.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

A dossier includes:

Some questions during the registration of an industrial design in Norway

How long is the term of protection of an industrial design?

The term of industrial design protection in Norway is 5 years from the date of filing, which can be extended 4 times, each time for 5 years (up to a total of 25 years).

Do I need a lawyer to register an industrial design?

While not required, having a representative attorney can help you ensure that your application is properly prepared and increase your chances of a successful application.

Are industrial designs protected in other countries?

The registration of an industrial design in Norway is only valid in Norway. If you want to protect your design in other countries, you need to file an application in those countries or through the Hague International Design Registration System.

If you wish to file an application for registration of an industrial design, please contact Viet An Law hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the most effective support.

Update: 9/2024