Intellectual property rights
Intellectual property rights include technological solutions, design, trademarks, patents, film, music, text and domain names etc. Such rights often constitute a company’s most important assets and are essential for securing strategic positions and revenues.
Management and development of intellectual property rights are increasingly important in our digital society. Demand for content and entertainment services are increasing and the manner in which such services are consumed, is changing. New technology and globalization challenge current business models and lead to increased competition.
We provide assistance with the protection, enforcement and licensing of intellectual property rights and provide strategic advice related to the protection and development of such rights, including copyrights, patents, trademarks, designs, domain names and trade secrets.
The services we provide in this practice area include:
- The protection of intellectual property in connection with licensing, service provision, joint collaboration and employee agreements.
- Licensing of intellectual property rights in relation to cooperation agreements and transactions
- Clearance of intellectual property rights with collecting societies
- Marketing in relation to both consumers and competitors
- Trademark applications, patenting and other registration of intellectual property rights
- Research and development agreements (R&D)
- Dispute resolution and litigation relating to intellectual property rights violations
Our lawyers have prior experience from legislative work in the Government and as in house-lawyers in leading Norwegian IP-based businesses. We combine legal competence with business understanding to give our clients strategic advice on the handling of their intellectual property rights.
Hjort is especially well known for competence within dispute resolution. We have practical experience not only with IP litigation within the ordinary courts, but also with the special dispute resolution and mediation bodies that handle intellectual property rights disputes.
Hjorts Intellectual Property Rights Law department is recommended by well known ranking agencies such as Chambers Europe, Chambers Global and Legal 500. «Head of department Monica Syrdal predominantly acts for clients in the media and technology sectors. She is noted for her extensive experience and dedication, with one client stating: "She's an expert in copyright law," and adding: "She's very proactive, she informs us whenever something happens. She's positive and forward-leaning, always keen to step in and provide solutions»
Areas of Practice:
Hjort advices on all aspects of copyright law, including licensing of film and TV content, literary, dramatic and musical works as well as computer programs and databases.
Our lawyers have practical experience from the media and entertainment sector, including the use of copyright protected works on new media platforms. Media and copyright law often raise cross boarder legal issues and we have in-depth knowledge of both European and national copyright legislation. Our lawyers have particular experience assisting users in relation to collective management organizations.
Hjort has extensive experience of handling legal issues linked to the protection of designs, and has represented a number of clients in design litigation.
We have a thorough knowledge of the Design Act and the protection afforded to designs (including industrial designs) by the Norwegian Marketing Act. Our lawyers also assist in the drafting of licensing, marketing and distribution agreements regarding design.
Patents and Know-how
We assist in matter pertaining to the validity or infringement of patents, including dispute resolution and litigation. We have particular experience in matters regarding employee inventions.
Our lawyers advise on the drafting of licensing agreements and other agreements relating to technology transfer, the protection of know-how and other confidential information.
We also have considerable experience with respect to research and development agreements, and agreements relating to research co-operation. We have hereunder a thorough knowledge of the requirements applicable to such agreements, including the competition rules which govern them, and the requirements set out Norwegian and European public subsidy schemes for research and development.
Trademarks, business and domain names
Our lawyers assist in the registration and protection of trademarks, business names, domain names and other questions regarding brands, including opposition procedures. We also assist in the drafting of licensing agreements and other agreements relating to such rights.
We advise on questions related to marketing both in terms of consumer protection issues and marketing disputes with competitors. We have extensive experience in handling cases involving the Consumer Authority and dispute resolution before the Market Council. We also assist in the handling of marketing disputes between competitors, including comparative marketing and good business practices. We have litigated several cases before Næringslivets konkurranseutvalg (Council dealing with unfair marketing practices) and the Norwegian courts.
Licensing and Distribution
Commercial exploitation of intellectual property rights often necessitates licensing or other transfer of rights. How to license, depends on the nature of the rights in question, the parties’ needs etc. We combine industry knowledge and practical experience when negotiating and drafting licensing agreements to cater for our clients strategic objectives in a time characterized by technology changes and increased competition.
Franchise, Agency and Distribution
We have extensive experience with respect to franchising, exclusive distribution agreements, agencies and other distribution relationships. In such agreements, it is important for both the principal and the distributor to secure intellectual property rights. Competition law regulations must also be adhered to and our lawyers have extensive experience in both of these practice areas.
Research and Development Agreements
Our lawyers have extensive experience with research and development agreements between commercial businesses and R&D agreements involving research made at universities and other publicly funded research. We know the requirements imposed on such agreements, including competition law requirements and the requirements of Norwegian and European research funding schemes.
Defamation and Press Ethics
We regularly assist clients in relation to defamation, press ethics etc. and have been involved in several defamation litigation cases.
Dispute resolution and securing of evidence
Hjort is especially well known for competence within dispute resolution. We have practical experience not only with IP litigation within the ordinary courts, but also with the special dispute resolution and mediation bodies that handle intellectual property rights disputes such as the Norwegian Board of Appeal for Industrial Property Rights.
In disputes concerning intellectual property rights, securing of evidence is often required. We have considerable practical experience in securing such evidence both prior to and in connection with potential litigation.