3 Status of intellectual property rights in Norway

Registration of intellectual property rights

Compared with global developments, Norwegian commerce and industry register far fewer intellectual property rights. One explanation might be that Norwegian businesses carry out fewer research and innovation activities than businesses in e.g. the other Nordic countries. If we compare ourselves with other raw material producing countries such as Canada and New Zealand, the situation more closely resembles Norway.

Use of intellectual property rights

In Statistics Norway’s1 Innovation in the Norwegian Business Enterprise Sector survey for 2008–2010, 39 per cent of the innovative businesses stated that they do not protect their innovations.2 Fifteen per cent of the businesses applied for patents, while 8 per cent registered designs. At 21 per cent, trademarks are the most frequently used form of legal protection. These results have been stable since 2004.

Patents at universities and in research communities

Commercialisation and patent registration deriving from research results from Norwegian universities, university colleges, health institutions and research institutes have increased in recent years. The technical-industrial institutes produce the most intellectual property. On average, these institutes were issued 19 patents, and have sold 133 licences each year during the period between 2001 and 2010. An average of eight new businesses were founded annually on the basis of results from the technical-industrial institutes.3

Trade and cooperation on intellectual property rights

In a NIPO survey, six per cent of the businesses stated that they licence their technology, and 13 per cent stated that they purchase licences.4 These findings may indicate that Norwegian businesses are somewhat less frequent users of licencing than businesses in certain other countries and that there is very little trade in intellectual property rights. It is unclear to what extent this provides an accurate picture of the situation, as it can be difficult to gain an overview of information concerning trade of intellectual property rights.

Piracy and counterfeiting

In 2010, the Norwegian Customs uncovered about 220 000 items of counterfeit goods in Norway, at an estimated value of NOK 40 million. In 2011, the inspections uncovered about 160 000 items at a value of nearly NOK 50 million.

According to Business Software Alliance’s reports 5 for 2010 and 2011, 63 per cent of all Norwegians report using pirated software. The high level may be explained by easy access and lack of knowledge, either concerning the fact that piracy is actually illegal, or the consequences of piracy activity. According to a 2011 survey, one in four Norwegians believe it is acceptable to purchase pirated goods, and four in ten are indifferent that this violates the rights of brand owners.6 Eighteen per cent stated that they had purchased pirated goods in the last 12 months. The percentage was greatest in the under 30 age group.

Imports of counterfeit and illegal drugs to Norway has increased sharply in recent years. Inspections made by the Norwegian Customs show that nearly every third postal shipment contains drugs or food supplements. According to the Norwegian Medicines Agency, 62 per cent of all drugs purchased over the Internet are counterfeit.

In a survey among Norwegian businesses in 2011, one in three stated that their products have been copied, and 74 per cent believe that the problem will increase in the years to come.7

Knowledge and awareness about intellectual property rights

Surveys have shown that Norwegian businesses operating internationally have a higher knowledge level and more frequently apply for intellectual property rights than other Norwegian businesses.8 The knowledge and use of intellectual property rights has not changed significantly among Norwegian businesses over the last few years. The same applies to their familiarity with NIPO.

In 2011, 62 per cent of businesses stated that it was not important for them to register trademarks, design rights or patents. According to the 2012 survey, 42 per cent of the businesses did not know where to inquire if they had questions relating to industrial property rights. Yet another survey confirms this impression, where only eight per cent of businesses believed that it is easy to navigate in the range of services in industrial property rights available.9

In a 2013 survey, less than half of businesses state that they have an overview of their own industrial property rights, while at the same time estimating their value as relatively low. Forty-six per cent estimate the value between zero and 25 per cent of the business’s total assets, while 41 per cent do not know how to estimate the value of their industrial property rights.10