Are you being copied?

The first thing you should consider is whether the product is an exact copy, and how much of a threat it poses to your sales and reputation.

If you decide to pursue the matter, you need to prepare thoroughly. The other party will often respond to your claim of copying by arguing that any patent, design or trade mark registrations should have been declared invalid. You need to be prepared for this.

If you find yourself in this type of dispute, start by identifying the registered rights you hold for your product or service. Then assess whether these rights provide effective protection against your competitor's product or service.

You should also assess the other party's registered rights. In many cases, you can get expert assistance from the patent firm you used to file your patent, design or trade mark application.

Search the Norwegian Industrial Property Office's databases

Contact a law firm with expertise in intellectual property law at an early stage for advice on the right strategy. Do this before contacting the company you believe has copied your work or infringed your rights, or that has accused you of copying its product or infringing its intellectual property rights.

The other party may be interested in licensing your product or service. Working together could give you access to larger markets, greater knowledge and new opportunities.

A conflict can paralyse your business for years and prove costly. It can also distract you from your core business and affect your results.

Remember that the cost of taking such cases to court varies considerably depending on the country in which the case will be heard. For Norwegian companies, it will often be more cost-effective to have the case heard in Norway, where possible.

Use the experts to develop and quality-assure the basis for your decision, but let your own board and management decide which strategy you should pursue.

Velgekte.no provides information about piracy and counterfeiting.

The Norwegian Business Sector's Competition Committee issues opinions in disputes between businesses on whether a form of marketing breaches Chapter 6 of the Marketing Control Act.