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The proposal for a new Marketing Control Act has passed the Parliament’s reading

January 2009 - Intellectual Property. Legal Developments by Advokatfirmaet Thommessen AS.

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On 9 May 2008 the Norwegian Government presented a proposal for a new Marketing Control Act. The new Act will be of great importance for all businesses marketing goods and services to consumers in Norway

The proposal for a new Marketing Control Act has passed the Parliament’s reading

On 9 May 2008 the Norwegian Government presented a proposal for a new Marketing Control Act. The new Act will be of great importance for all businesses marketing goods and services to consumers in Norway. Key elements in the proposal are:

• New general clause concerning “unfair commercial practice” and new specific rules on misleading/aggressive commercial practice 

• Specific provisions concerning the protection of children   

• Regulation of unaddressed advertising material, free newspapers and inserts distributed with newspapers 

• Restrictions in the provisions regulating telephone marketing 

• The general ban on promotional gifts is repealed  

• More effective rules on enforcement and sanctions, including the introduction of administrative penalties

The proposal is further described in our newsletter from May 2008.

The majority in the Standing Committee on Family and Cultural Affairs has agreed with the proposal presented by the Government on all the major elements of the proposal, including the abolishment of the general ban on promotional gifts (premiums) and specific provisions concerning the protection of children.

The new Act will most likely enter into force during the spring 2009.

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Kristine Schei and Camilla Vislie

www.thommessen.no