Industry

Industrial competitiveness is built on technology, data, and process improvements. We assist in securing rights while also facilitating commercial exploitation and strategic control.

Our advice includes, among other things:

• IPR strategy and commercial rights structures
• Patents, trademarks, and design protection
• Employee inventions and incentive schemes
• Freedom to operate assessments
• Technology transfer and licensing models
• Data rights and industrial data (Data Act / AI Act)
• IP in development and collaboration agreements
• Dispute resolution relating to intellectual property rights,

The right contract strategy during the procurement phase reduces the risk of later disputes and production downtime. We assist with structuring, negotiation, and risk allocation in national and international supplier relationships, including matters relating to:

• Procurement agreements and framework agreements
• Issues relating to technology development and transfer
• Price adjustment and indexation clauses
• Management of trade policy risk
• Sanctions and export control clauses
• Change mechanisms in long-term contracts
• Security of supply and ESG / Transparency Act requirements
• Audit and review clauses
• Standard contracts such as the NL and NLM series, NTK, Orgalim, and FIDIC documents

Deliveries of manufacturing and process plants often involve complex arrangements with multiple subcontracts. We focus both on the individual supply contract and on the interaction between contracts within the same project. Our experience covers a broad range of such contracts, including issues relating to:

• EPC and turnkey delivery agreements
• Agreements for machinery, plants, and equipment
• Supply agreements for manufacturing and process plants, etc.
• IT/OT contracts and systems integration
• Testing and acceptance procedures
• HSE requirements and regulatory approvals
• Rights to data and the use of AI

Our lawyers have extensive experience not only in drafting agreements, but also in providing strategic advice on the choice of distribution models. Our assistance includes, among other things:

• Dealer, agency, and franchise agreements
• Competition law restrictions
• Exclusivity and territorial management
• Framework agreements with B2B customers
• Contractual regulation at the sales stage
• Marketing law and consumer protection rules
• GDPR, and the use of and rights to data at different stages of the distribution chain

Collaboration arises at different stages and in different situations across the value chain. Such agreements can vary significantly in content and structure, making it important to assess the implications of the choices made. Bull’s team has extensive experience in strategic advice and the drafting of various forms of collaboration, including:

• Partnership agreements

• Teaming agreements

• Consortium agreements

• R&D agreements

• Joint venture agreements (Norwegian and international)

Appropriate management of risks relating to the aftermarket and product liability is important for profitability. Bull’s lawyers assist both with specific disputes and with mandatory rules on product liability and consumer protection, as well as with how aftermarket matters and product liability should be addressed in agreements throughout the distribution chain.

• Service and maintenance agreements (SLAs)
• Warranty, complaints, and product liability claims
• Product safety and recalls
• Allocation of liability in the distribution chain

Bull has a strong team of experts with in-depth knowledge of both Norwegian and EU/EEA rules on the environment, climate, and other sustainability-related regulations and certifications, as well as rules concerning liability and the marketing of product characteristics, among other things.

• Producer responsibility
• Waste regulations
• Take-back schemes and leasing/subscription models
• Contracts for refurbishment and reuse
• Packaging regulations
• CCS quota rules, etc.
• The application of marketing law to characteristics and claims relating to sustainability and the environment

Industrial value chains can be complex and involve multifaceted challenges relating to operational solutions, security of supply, trade rules, and more. Bull has experience with, among other things:

• Contract support and negotiation assistance
• Back-to-back structures
• Change management and scope control
• Transport and logistics agreements
• Allocation of liability, insurance, and recourse
• Traceability and documentation requirements
• Contractual management of trade policy risk

NL 17 (Norwegian Conditions of Supply) is used for the supply of materials and equipment, typically standard products or components. NLM 19 (Norwegian Conditions of Supply for Machinery and Major Equipment) is designed for more complex deliveries involving integration, customization, installation, and testing. NLM 19 contains clearer requirements for documentation, test protocols, and acceptance, as well as a different allocation of risk in the event of defects. The choice affects the supplier’s performance obligations, the risk of price increases, and where disputes may arise, so it is important to select the right model already at the tender stage.

That depends on what has been agreed in the contract. If liquidated damages (LDs) for delay have been agreed, the LD amount will often be the only remedy available, unless the delay is due to gross negligence. If the contract does not include liquidated damages, you may claim compensation for documented losses (such as consequential loss), but this may be limited by liability clauses. It is therefore important to ensure that the contract includes realistic LD levels and clear rules on liability for consequential loss, particularly in just-in-time production, where delays can quickly have major consequences.

Start with sanctions screening of the company, its owners, and key personnel against EU, US, and Norwegian sanctions lists. Assess whether the goods are subject to export controls (such as dual-use or military items) and whether the intended end use is permitted. Make sure the contract includes clauses on sanctions, export control, and the right to suspend performance in the event of regulatory changes. Implement traceability throughout the supply chain, including origin documentation and traceability measures, and assess obligations under the Transparency Act and ILO-related requirements if your business is subject to reporting duties.

An internal control system for the supply chain reduces the risk of unexpected supply disruptions, regulatory sanctions, and reputational damage. It is also important to consider payment security, including advance payments, guarantees, or similar arrangements.

Arbitration offers confidentiality, decision-makers with industry expertise, and a final and binding resolution. Court proceedings may be the right choice where there is a need for precedent, where the amount in dispute is lower, or where a right of appeal is important. It is often advisable to combine negotiation/mediation, an escalation clause, and document disclosure mechanisms to shorten the process. Arbitration may involve higher costs compared with first-instance proceedings before the ordinary courts, but this may differ if one of the parties appeals.