NORWEGIAN INTELLECTUAL PROPERTY LAW:
BRYN AARFLOT Q&A
WHAT ADVANTAGES DOES BEING A NICHE SPECIALIST
AWARD BRYN AARFLOT OVER OTHER NORWEGIAN LAW
FIRMS HANDLING INTELLECTUAL PROPERTY (IP) WORK?
THE primary advantage that niche specialist or boutique IP firms, such as Bryn Aarflot, have over generalist law firms handling IP work in Norway lies within their intimate knowledge of the IP
system, as well as their in-house technical expertise.
For instance Bryn Aarflot, which boasts more than 60
years of experience in filing and prosecuting patent,
design and trademark applications and oppositions, has
developed a significant body of detailed knowledge and
experience of the examination procedures and use of
tools and QA systems to ensure correct, safe and high-quality prosecution and handling of terms and
In Norway, none of the generalist law firms have any
specific technical expertise and are therefore required
to hire technical patent expertise on a case-by-case
basis. In the patent area, there exist no law firms that
are able to handle filing and prosecution work.
Furthermore, generalist law firms in Norway
predominantly work for Norwegian clients, which makes
the volume of IP prosecution work rather limited.
Therefore, none of the generalist law firms have
developed the same level of in-depth knowledge of the
trademark, design and patent systems in Norway and
elsewhere as the boutique IP firms, such as Bryn
Aarflot. Due to the limited amount of work in this field,
most of the generalist law firms in Norway have not
invested in tailor-made IP docketing systems, and none
have made full use of the opportunities offered by such
In-house specialist knowledge of the IP examination
system is clearly an advantage in regard to
enforcement issues, and especially in regard to
assessing vulnerability to counter-attacks.
While several generalist law firms have highly
competent IP specialist lawyers, their primary area of
expertise lies within contentious work and especially in
Norway is not part of the
European Union, the Community
Trademark system or the
Community Design system,
which makes it very important to
remember Norway when
securing trademark and design
rights in Europe.
complex infringement matters.
Due to the very international and cross-border
nature of IP filing and prosecution work, boutique IP
firms such as Bryn Aarflot have developed strong
connections with IP firms across virtually all
jurisdictions over the world, unrivalled by the generalist
WHAT HAVE BEEN THE MAIN TRENDS DIVING YOUR IP
PRACTICE OVER THE PAST TWELVE MONTHS?
Over the last year, as the effects of the 2008 financial
crisis have started to wear off, work has been
increasing both in the trademark prosecution and the
contentious areas. Most notably, we have been
experiencing a significant increase of instructions within
the area of counterfeit and illegal parallel import/grey
As Norway entered into the European Patent
Convention in 2008, the number of national patent
applications has significantly decreased over the last
few years. Due the European Patent Office’s
examination backlogs, the amount of work related to
validation of European patents has been very limited,
but we are now also seeing an increase in that area.