• Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)

    Stem cells and patents – Norwegian patent office amends its guidelines

    13/11/2012

    The EPO changed its guidelines in June 2012 and on the 24th of October 2012 the Norwegian Patent Office amended its patent guidelines. Here follows a brief outline of the amendments in Norway.

  • Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)

    Biotech patents in Norway: Amendment, but little harmonization in sight

    25/09/2012

    In Norway there is a fear that the dangerous patent creature shall play with the even more dangerous biotechnology creature. This fear is prominent among some groups of politicians and within some NGOs. After prolonged public debate, Norway implemented the biopatent directive 1st January 2004. However, special means should ensure that the adverse effects of the directive were not too large. One of these means was that the patentability requirements should be practiced so strictly that Norway would be among the strictest European countries.

  • Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)
    Håkon Austdal Associate/Bachelor of Pharmacy

    Proposed ban on personal import of medicinal products ordered via Internet

    06/09/2012

    The Ministry of Health and Care has recently issued a hearing letter proposing stringent restrictions on import of medicinal products for personal use. Among the actions proposed, is a general ban on the import of prescription drugs, and access for Customs to seize and destroy falsified or illegal medicinal products.

  • New Patent Office Act to enter into effect on 1st January 2013

    20/08/2012

    A new Act on the Patent Office and Industrial Property Rights Appeals Commission (the Patent Office Act) will be enacted and come into effect on 1st January 2013. The current Act on the Industrial Property Protection Board was enacted in 1910, and time for a complete reform had come.

  • Thomas Hagen Attorney
    Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)

    Preliminary injunctions in Norway

    06/07/2012

    According to Norwegian law, preliminary injunctions are available for the patentee in order to preliminarily stop an infringement. The motion for a preliminary injunction should be filed with the District Court where the alleged infringer has its place of business, or, where the infringing activities take place.

  • Thomas Hagen Attorney
    Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)

    Norway: Proposal for changes in the Norwegian IPR laws (enforcement)

    06/07/2012

    In April 2011, the Norwegian Ministry of Justice (MoJ) issued a proposal for the strengthening of the legislation concerning the enforcement of intellectual property rights (IPR). Interested authorities, stakeholders and NGOs were invited to submit comments to the proposal by 30 September 2011. The MoJ received 58 letters of response, of which 44 had remarks to the proposal, and an amended proposal is expected from the MoJ.

  • Inga Kaasen Partner/Attorney-at-law/PhD (biotechnology)

    Patent litigation: Esomeprazol infringement case

    06/07/2012

    In a judgement of 12 April 2012 Oslo District Court ruled that Krka’s marketing of Esomeprazol Krka infringed AstraZeneca’s patent NO 307308. The patent has earlier been the subject-matter of an invalidity case, where Sandoz challenged the patent. Oslo District Court found the patent to be invalid, except patent claim 10, which were the claim relied on in the infringement case. However, the Court of Appeal stated that the whole patent was valid, and the Appeals Selection Committee of the Supreme Court denied admittance of the case.

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