The Legal 500

Bing Hodneland partners Olav Torvund, Jon Wessel-Aas and Magnus Ødegaard to present the Norwegian legal technology, media and telecommunication situation.

Bing Hodneland partners Olav Torvund, Jon Wessel-Aas and Magnus Ødegaard to present the Norwegian legal technology, media and telecommunication situation.

From 1 November 2012 EU Regulation 236/2012 on short selling and certain aspects of credit default swaps will come into effect. Although the Regulation is within the scope of the EEA Agreement, Norway has not implemented the EU Regulation. Based on unofficial information from the Norwegian authorities, we expect the implementation process to be delayed until at least late 2013. Meanwhile, existing rules on short sale in Norway will continue to apply for transactions performed on the Norwegian market. 

The Ministry of Health and Care has recently issued a hearing letter proposing stringent restrictions on import of medicinal products for personal use. Among the actions proposed, is a general ban on the import of prescription drugs, and access for Customs to seize and destroy falsified or illegal medicinal products.

On 17th July 2012, the Norwegian Medicines Agency (NMA) announced a change in their practice regarding disclosure of information for applications of marketing authorisations for medicinal products.

A new Act on the Patent Office and Industrial Property Rights Appeals Commission (the Patent Office Act) will be enacted and come into effect on 1st January 2013. The current Act on the Industrial Property Protection Board was enacted in 1910, and time for a complete reform had come.

"Sunset clause" is a common term for the provision which could lead to the cessation of the validity of the marketing authorisation of a medicinal product.

Questions on pensions have long had a large political focus in Norway, in connection with pension reforms such as obligatory occupational pension and changes in the National Insurance Scheme.

In 2011 it was expected that new provisions for competition clauses, customer clauses and non-recruitment clauses would come into force. As early as June 2010, the Department of Employment sent a proposal on new provisions in the Working Environment Act for comments.

Earlier this year, EU Commission Regulation No 1217/2010 was implemented in Norwegian law.

In accordance with the provisions of the Act on Medicines and the appurtenant Regulation on Medicinal Products, pre-approved reimbursement for use of a medicinal product outside the approved indications of the marketing authorization is not allowed.