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Enforcement of IPRs in Finland


Enforcement of IPRs
Low cost of counterfeits and their availability online are the causes of counterfeiting and piracy in Finland.
Music and film recordings face counterfeiting and piracy most often in Finland.
They are as follows:
  • The Trademarks Act (7/1964, as amended by Law 107/2013);
  • The Trademarks Decree (296/1964, as amended by Decree 579/2013);
  • The Act on Collective Marks (795/1980, as amended by Law 108/2013);
  • The Domain Name Act (228/2003, as amended by Law 116/2013);
  • The Information Society Code (917/2014, as amended by Law 1217/2014);
  • The Copyright Act 404/1961, as amended;
  • The Trademarks Act 7/1964, as amended;
  • The Registered Designs Act 221/1971, as amended;
  • The Company Names Act 128/1979, as amended;
  • The Patents Act 550/1967, as amended;
  • The Act on Utility Model Rights 800/1991, as amended;
  • The Act on the Exclusive Right in the Layout-Design of an Integrated Circuit 32/1991, as amended;
  • The Plant Breeder's Right Act 1279/2009, as amended; and
  • The Act to Safeguard the Evidence in Civil Actions Concerning Intellectual Property Rights 344/2000, as amended.
Trademarks, copyright, designs, patents, and plant varieties are the different types of IPRs protected by IPR enforcement in Finland.
If litigation is pursued, the first stage is a written stage. Therefore, the claims, disputes issues, evidence, witnesses, and experts shall be gathered.
Yes, 05 years
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
If the leave to appeal is granted, the appeal process can be expected to take approximately 18 months with both the aforementioned courts.
A) Responsible Authority - The Market Court
B) Imprisonment Term - As per section 2 of the Criminal Code of Finland, all violations of IPR could amount to imprisonment for a term not exceeding 02 years.
C) Monetary Fine - As per section 2 of the Criminal Code of Finland, there has been no limit placed upon the value of the fines.
Other criminal remedies in Finland include the community service.
The goods may be released if an IP rights holder abuses the enforcement measures in criminal prosecution.
Finland is friendly to arbitration, especially institutional arbitration. The Arbitration Institute of the Finland Chamber of Commerce, which has had a relatively large caseload for many years, has recently gained even more popularity, including for international arbitrations.
The remedies available under border control measures include the destruction of goods.
The holder of the decision must bear the costs of customs intervention during enforcement.
The customs may release the goods from detention happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court Proceedings