How to protect your intellectual property
What are intangible assets?
The terms IP and IPR are often used interchangeably, but they have different meanings:
Intangible assets or Intellectual Property (IP) are the assets associated with the product idea or innovation itself. These may include inventions, literary and artistic works, as well as symbols, names, logos, designs and images used commercially. IP also includes know-how, confidentiality, contractual terms, licensing, goodwill, reputation, relationships and other intangible assets.
Intellectual Property Rights (IPR) are the legal rights that protect these assets. They include patents, trademarks, design rights, intellectual works, copyright, domain names, trade secrets and other protection mechanisms.
The video above gives you a quick introduction to intellectual assets and how we can help your business.
How can you protect your intellectual property?
Patent protection gives you the exclusive right to exploit an invention commercially for up to 20 years.
You can patent inventions that are new compared with what is already known. To meet the novelty requirement, the solution must not have been disclosed anywhere in the world before you file the patent application. The solution must also differ significantly from what is already known, a requirement known as an inventive step. You can patent technical solutions, products, processes, devices and applications. You cannot patent an idea – you must have a specific solution.
How long does it take?
When you file your first patent application, for example in Norway, you have 12 months to extend the application to the countries where you wish to apply for a patent. From the date you file the first application, it normally takes between one and three years for it to be fully processed and, if approved, for the patent to be granted.
National legislation applies
Regional and international application systems make it easier to apply for patents in several countries at the same time: the EPO in Europe and WIPO internationally.
National legislation in each country determines whether you can obtain a patent – there is no worldwide patent.
How much does it cost?
Protecting a solution with a patent is costly. The registration fee itself is only NOK 850 for a small business, but this represents just a small part of the overall cost. We strongly recommend using a patent attorney to draft your application. This increases the cost, which can quickly reach NOK 50,000–70,000 for filing a Norwegian patent application. When you include the fees and processes involved in extending the patent internationally, the total cost for four or five countries can quickly exceed NOK 250,000–300,000. Other factors that affect the cost include the number of countries where you apply for a patent, the scope of the application and the number of patent claims.
Unitary Patent in Europe
The EU's Unitary Patent system was introduced on 1 June 2023. This means you can make an EPO patent application valid in all EU countries that have ratified the agreement and participate in the new Unified Patent Court (UPC). Norway does not participate in the system.
Advantages: one application, lower costs and a single court.
Disadvantages: if the patent is declared invalid, this will apply in all participating countries, and you cannot split it up afterwards.
Read more about this on the Norwegian Industrial Property Office and EPO websites.
Want to know more?
For more information about patents, we recommend visiting the Norwegian Industrial Property Office website.
See also
By registering the shape and appearance of a product, you gain rights to a specific design for up to 25 years.
Designs are registered in different classes, such as lighting products. Design protection covers the shape and appearance of a product or parts of a product. Screen displays, animated designs, ornaments, graphic symbols and typefaces can all be registered as designs.
The design must be new and not previously disclosed to the public, but you can test it for up to 12 months before filing your application for registration.
How much does it cost?
Registering a design involves a modest cost. A Norwegian registration costs NOK 1,900 in application fees, plus NOK 900 if you want an optional assessment of whether your design is new compared with other Norwegian registrations.
If you choose to use a law firm or patent agency for advisory, the cost typically starts at around NOK 10,000, including fees, depending on how much you do yourself. If you want to register your design internationally, we recommend working with a law firm or patent agency that can help you.
Want to know more?
For more information about design registration, we recommend visiting the Norwegian Industrial Property Office's website.
International applications
You can use several international application systems to submit international design applications. The EU also offers protection for unregistered designs. This protects your design against copying if you first make it public in an EU country. The protection lasts for three years.
Read more about international application systems.
Read more
You can register a sign as a trade mark and gain the exclusive right to use it for your products or services. You can retain this exclusive right for as long as you pay for and use the trade mark.
A trademark is a distinctive sign for your products or services. It can take many forms, including words, names, logos, designs, images, letters, numbers, sounds, movements or a combination of these.
You can only register a trade mark if it is distinctive and can distinguish your goods and/or services from those of others. Trade marks are registered in classes, such as machinery and machine tools.
You can find the relevant classes of goods using the product selector.
How much does it cost?
Trademark registration costs from NOK 2,900. You can register your trademark in Norway yourself or get help from professionals.
If you plan to register your trademark in other countries, we recommend using a patent attorney to manage the process. The cost will increase depending on how many countries you choose to register your trademark in. Several international application systems are available for filing international trademark applications.
Would you like to know more?
For more information about trademark registration, we recommend visiting the Norwegian Industrial Property Office's website.
International applications
Imitation of distinctive signs
You do not need to register a trademark to use a distinctive sign. Your company can choose to do so to obtain a registered right.
Distinctive signs may be protected under Section 30 of the Marketing Control Act.
Some companies use the TM symbol for their unregistered trademark.
See also
Register your company name with the Register of Business Enterprises in Brønnøysund to obtain an organisation number. Once registered, your company name is protected under the Business Names Act.
In everyday language, the terms company, business and enterprise are used interchangeably. However, Norwegian law uses the term 'enterprise'. You can register a name that directly describes your enterprise's activities, but this will only protect you against identical names.
To prevent others from using names that could be confused with yours, your name must be distinctive.
How to register the name
See also
Copyright works are literary (including scientific) or artistic works of any kind, including computer programs.
For a work to qualify for copyright protection, it must reflect the author's original and individual creative effort (the originality requirement). There are no other requirements regarding the quality of the work. Protection arises as soon as the work is created, and no copyright notice or other registration is required in Norway.
Protection lasts for up to 70 years after the author's death. The fundamental principle of copyright – the author's exclusive right to the work – applies worldwide. Norway is party to international agreements and has implemented relevant EU directives in Norwegian law.
The international copyright symbol is ©. For many businesses, it is important and useful to mark their websites and other original material to assert copyright over the content. You can do this by stating 'copyright', the name of your business and the year the content was produced. Here is an example:
Copyright Innovation Norway © 2021
See also
Trade secrets are information that a company wants to prevent unauthorised parties from accessing.
A trade secret is defined as information that is specific and important to a company, and which the company has taken steps to keep confidential.
For many businesses, unregistered rights represent significant value. Trade secrets traditionally cover financial matters such as operating results, purchasing agreements and marketing plans, as well as technical aspects of the business.
Other elements may include sensitive information, such as insights into customer relationships, the company's strategic plans and ongoing contract negotiations – anything that affects the company's competitiveness.
Put agreements in place with your employees
Agreements with employees are essential for protecting trade secrets. In Norway, there is no general statutory duty of confidentiality for employees, so it is important to have the right agreements in place.
If you need to share confidential information, it is useful to ask the recipient to sign a confidentiality agreement. Read more about sharing confidential information here.
See also
For food products, you can apply to protect a product name in the following categories:
- Designation of origin
- Geographical indication
- Traditional speciality
Regulations on the protection of designations explain how you can obtain legal protection for the name of a food product.
To obtain this protection, you must apply to Matmerk. The Norwegian Food Safety Authority administers the various labelling schemes. If your application is approved, the Norwegian Food Safety Authority will adopt product regulations for the food product, describing the protected designation, authorised users, production method and the product itself. Please note that others may also apply to use the same designation, but they must comply with the adopted regulations.
Digital assets can take many forms, ranging from electronic communications, software and databases to version logs and specific information about individual projects.
To protect your digital assets, you should have written agreements in place with employees, suppliers and other relevant parties. These agreements should specify which digital assets they cover, what may be shared, who has access and for how long. They should also set out security requirements for access, including login and storage. If you intend to grant access to third parties, you should clearly define the terms. If several parties create a digital asset together, for example through a collaboration, you should establish ownership at an early stage. Clarify who owns what during and after the project, and how the asset will be made available.
Some industries are particularly vulnerable, so working with them often means meeting specific digital security requirements. These requirements may affect you even if you do not operate directly in these industries. Essential services are also subject to statutory requirements. The Digital Security Act is based on the NIS2 Directive, which has applied in the EU since October 2024. It also allows supervisory authorities to impose coercive fines or penalties of up to 2% of global turnover if your business fails to comply with the Act.
Important links:
There may be many reasons why someone would try to obtain this information, but such attempts are often made by highly motivated people with extensive knowledge and adaptability.
The risk of detection is often low because businesses frequently lack technological understanding and allocate limited resources to this area. International cooperation is also limited, making it more difficult to develop effective solutions for those who operate strategically across national borders.
When you attend trade fairs, it is essential to think carefully about how you present information about innovative products and services to prevent others from copying them. Below, you will find advice on what to consider before, during and after the trade fair.
Before attending a trade fair
- Make an inventory of your intellectual property rights and what you plan to display at your stand
- Assess whether the competitive advantages you plan to showcase at the trade fair are adequately protected in advance (through trade marks, design rights, patents, copyright and similar rights). Do you need to register any new rights?
- Check that your products and marketing materials do not infringe the intellectual property rights of others, such as trade marks. The registered trade mark symbol is ®
- Bring original proof of valid registrations for trademarks, designs, patents and similar intellectual property rights
- Label your marketing materials with Copyright ©, your company name and the year. © is the copyright symbol.
- Names and logos of products and services that are not registered trademarks can be marked with ™
- Consider how you will handle confidential information such as know-how and trade secrets. Make sure your employees receive awareness training. Use non-disclosure agreements (NDAs).
While attending a trade fair
- Create a policy for your stand. What does your company want to keep confidential? Are visitors allowed to take photos of the stand? If so, what are they allowed to photograph?
- Think carefully about the information you share. Use an NDA, NNN agreement or similar when sharing confidential information. Make a list of everyone your company shares information with during the trade fair.
- Take action – document infringements, your own actions and ownership to protect your rights and strengthen your position.
- If someone infringes your rights, familiarise yourself with the relevant procedures and contact organisations that can help. At major trade fairs, on-site support is usually available through IP Complaint Centers.
After attending a trade fair
- Follow up with contacts you made at the trade fair
- Monitor your competitors
- Send a cease and desist (C&D) letter if necessary
Useful links