FICPI ASSOCIATION PROFILE
Foreningen for Norske IP-rådgivere (FONIP) – the Association of Norwegian IP Advisers.
This month’s profile is our first devoted to a national or regional section or association and we begin with Norway and our FICPI colleagues in FONIP.
It’s a great place to start as there is so much going on that is unique and interesting in this relatively small country.
Special thanks to the FONIP’s ExCo delegate, Laura Mannering, who provided the information on which this profile is based.
FONIP key facts
Date created: 1936
- Number of members: 101
- Leadership Team:
- ExCo Main Delegate - Laura Mannering
- ExCo Alternate Delegate - Elisabeth Ohm
- President - Børge André Hilden
- Secretary - Turid Oma
- Treasurer - Henrik Rode
- Board members - Stine Sønstebø & Simen Svare Kristoffersen
Three interesting things about Norway
- Norway is not part of the EU: Norway has been a member of European Patent Convention (EPC) since 2008, and most Norwegian Patent Attorneys are European Patent Attorneys and can thus represent in front of the EPO.
Many non-Norwegians may not know that Norway is not part of the EU, although it does have close ties and a special connection to the EU. This means that Norway is not included in the 17 countries covered by a Unitary Patent and if protection is desired in Norway this will need to be applied for alongside a UP.
Since Norwegian Patent Attorneys are, however, European Patent Attorneys they can represent in front of the Unified Patent Court when they have a European Patent Litigation Certificate (EPLC).
- Opportunities for IP attorneys to move to Norway: Being a small country with a population of just 5.4 million, Norway looks abroad to top up its home-grown work force, and IP is not an exception. Firms are looking to Europe for new hires. With the stunning landscape and high-quality living standards, a move to a Norwegian firm has been a tempting offer for many European Patent Attorneys in neighbouring countries.
With the industry still growing, there has never been a better time to relocate to Norway.
- Norway’s beloved chocolate bar: It was the Norwegian chocolate bar Kvikk Lunsj which prevented Nestlé protecting the iconic 4 fingered chocolate bar shape of the KitKat.
Kvikk Lunsj is beloved and particularly known in Norway for its association with outdoor activities, being a staple snack for hikers and outdoor enthusiasts.
The role of expert judges in patent trials
As we mentioned in the introduction to this profile, an interesting quirk of Norwegian court practice is that the court may be set with expert judges, in addition to legal judges, at the request of the parties.
In patent trials it has become very common to appoint one expert judge who is an expert in the technical field of the patent and one expert judge who is an expert in patent practice. The latter is usually a patent attorney.
These expert judges have equal authority to make decisions with the legal judges. In the first instance court, there is a single legal judge and in the second instance there are three legal judges.
This practice ensures that the court has the best expertise to decide on the matter, which is important since few legal judges have any substantial experience in patent cases. The parties are usually asked to suggest candidates for the appointment as expert judges.
The practice also engages the patent attorneys working for the parties, as these have the best knowledge of patent attorneys who may be good candidates to serve as expert judges. It encourages the patent attorneys to learn about the background and competence of colleagues in other firms, as this knowledge will come in handy when being asked to suggest an expert judge.
Since Norway is a small country, the vetting of the candidates to ensure that they have no conflicting interests can take time.
The practice has wide support both among the legal judges and attorneys-at-law. It also provides a unique experience for those patent attorneys who serve as expert judges, who will experience the court and decision process from the inside.
The most important IP issues facing FICPI members and their firms in Norway
As with most of the IP community, Norway is concerned with the impact of ongoing advancements in technology, most pertinently artificial intelligence. Firms in Norway have been working hard to understand these technologies and be ready for their implementation.
Norway is a country of startups and SMEs. Intellectual property considerations are crucial for startups as they rely heavily on innovation, branding, and unique ideas.
However, startups and SMEs typically have lower financial resources. Thus, Norwegian IP Attorneys need to ensure clients get they protection they need without creating too great a financial burden in the early or scaling stages of a business.
How does FONIP represent its members in the wider IP profession?
FONIP participates in a cooperation committee with representatives of the management of the Norwegian Industrial Property Office (NIPO) and the board of the Norwegian IP Managers Association (NIP).
The committee regularly has meetings generally related to issues of common interest, and particularly related to the arrangement of the annual Norwegian IP day.
FONIP also has attended several meetings arranged by NIPO, with participation of representatives virtually all the Norwegian IP firms.
Advantages of being an Association within the FICPI global community
FONIP members appreciate taking part in CET groups (FICPI’s Study and Work Committee) so that our IP knowledge and influence extends beyond Norway. It is professionally important, but also enjoyable, to have opportunities to discuss your topic with other experts.
FICPI also provides Norwegian firms with a selection of reputable IP firms in almost every country internationally. This is especially important to Norwegian firms which are usually national-based only.
FICPI forums provide the opportunity to meet foreign associates in person to select the best international attorneys for our clients.
Being a member of an internationally recognised organisation enhances FONIP’s professional standing and commitment to high ethical standards, continuous learning, and a global perspective.
Why IP attorneys in private practice in Norway should be members of FICPI
Currently all members of FONIP are automatically members of FICPI. Most IP attorneys in Norway are members of FONIP.
Norway is a small country with a relatively small percentage of the world’s IP professionals. FICPI provides a platform for FONIP to network and collaborate with colleagues from around the world. This global network is valuable for networking and for sharing knowledge, experiences, and best practices in the field of intellectual property.
Also important is access to conferences, seminars, and other events that can contribute to the professional development of IP attorneys.
It also helps FONIP’s members to stay updated on the latest developments in intellectual property law, regulations, and practices is crucial in this field.
FONIP’s regular meetings, events and activities
In addition to the meetings related to our partnerships and cooperation with NIPO and NIP, we host several events purely for our members:
- Board meetings each month
- Annual Christmas meeting with three course meal and wine pairing in a very nice venue in Oslo
- Annual General Meeting (AGM) meeting
- Annual Norwegian IP day, hosted with NIPO and NIP
