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The General Civil Penal Code (Act No. 10 of May 22, 1902) (Section 262), Norway

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Details Details Year of Version 2013 Dates Adopted: May 22, 1902 Type of Text IP-related Laws Subject Matter Enforcement of IP and Related Laws Notes The notification by Norway to the WTO under article 63.2 of TRIPS states:
'The amendment [as referred to the Section 262 of the General Civil Penal Code aims to] criminalize different types of decoding of transmissions without authorization.'

Section 262 of the General Civil Penal is amended by Law No. 25 of May 31, 2013, which came into force on July 1, 2013.

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Main text(s) Main text(s) English The General Civil Penal Code (Act No. 10 of May 22, 1902) (Section 262)        
 The General Civil Penal Code (Act No. 10 of May 22, 1902) (Section 262)

Section 262 of the General Civil Penal Code of 22 May 1902 No 10

Section 262 Any person who with the intent of causing loss to a person entitled to a protected service or of procuring a gain for him/herself or for another person, manufactures, imports, distributes, sells, markets, hires out or spreads in some other manner, possesses, installs, uses, maintains or replaces a decoding device, and thereby procures unauthorised access to a protected transmission service, or aids and abets thereto, shall be liable to a fine or imprisonment for a term of up to one year.

If especially aggravating circumstances exist, the penalty shall be a fine or imprisonment for a term of up to three years. When assessing whether especially aggravating circumstances exist, particular importance shall be attached to the loss inflicted on a person entitled to a protected service, the gain obtained by the offender, and the extent of the violation in other respects.

By decoding device is meant technical equipment or software that is designed or adapted, alone or together with other aids, to provide access to a protected transmission service.

By protected transmission service is meant

a) television and radio signals, and services that are teletransmitted electronically at the request of the individual service recipient, when access is dependent on the permission of the service provider and it is granted in return for payment, or

b) the actual access control to the services mentioned in letter a when this must be regarded as a separate service.

A public prosecution will only be instituted when requested by an aggrieved person unless prosecution is required by the public interest. The person who exercises control of access shall also be regarded as an aggrieved person when such control must be regarded as a separate service.


Legislation Is repealed by (1 text(s)) Is repealed by (1 text(s)) WTO Document Reference
IP/N/1/NOR/15
IP/N/1/NOR/O/12
No data available.

WIPO Lex No. NO096