Security interests in intellectual property rights
Both patent and trademark rights in Norway can be subjected to a lien. This also applies to certain licenses to such rights.
What does a lien in a patent or trademark involve?
A lien in a patent or trademark right means that the lien serves as security for a claim to be met, often for a loan to be repaid. If you do not repay the loan as agreed, the person who holds the lien (often a bank or other financial institution) can, with the assistance of the authorities, sell the patent or trademark, and take cover for the claim in the sale price. The lien thus reduces the risk for the creditor.
What is the main purpose of such access?
It is to make it easier for start-ups without the possibility of overdraft, facility and other companies that need funds for the development of new ideas, to obtain capital by providing security in their values.
It is important that you secure the lien by recording the lien with us.
What can be subjected to lien?
Patents, patent applications and patent licenses in Norway can be subjected to lien. From 1 March 2023, it is also possible to lien registered trademarks and trademark applications, as well as licenses for such rights in Norway.
It is not possible to lien designs rights.
How to record a lien?
In order for the lien to be recorded in the Norwegian Industrial Property Office's registers, you must notify us in writing of this. We recommend that you use a separate form for this in Altinn.
What documentation is required for recording of lien?
A copy of the lien agreement will normally be sufficient. The documentation must contain the following:
- name and address of the lienee and the lienholder
- which right number(s) the clain for your recording applies to
- the amount of the lien claim
- documentation that the holder of the right(s) agree to the lien or the transfer of lien (signature on the lien document).
How much does it cost?
The fee for recording of the lien is NOK 500.
If several patents/trademarks, applications or licenses are to be security for the same claim, a fee of NOK 500 is paid for the first recording with an addition of NOK 100 for each recording beyond the first.
Do you have questions about liens in intellectual property rights?
Contact the customer service center on +47 22 38 73 00.