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Custom Recordal of IPRs in Sweden


Custom Recordal of IPRs
The Chapter 4, Section 16 of the Customs Act provides that the Swedish Customs has the right to inspect the goods.
Custom Recordal of IPRs is effective both on the import and export of goods.
The Customs authority may detain goods on its own initiative. A suspicion of pirated or counterfeit goods can arise based on the packaging or qualities of the products. Since the Customs authority prevents criminal activity concerning the import and export of goods, it conducts some level of investigation and liaises with the Prosecution Authority regarding offences against regulations concerning the import of goods.
In addition, the rights holder (i.e., the owner of a trademark, copyright, pattern right or patent) may apply for an intervention regarding the imported goods at the Customs. The application for action can be either a national or EU application depending on the origin of the IP rights.
When applying for such action, the application must state whether the applicant is:
  • A rights holder;
  • A person or entity authorised to use the IP right;
  • An IP collective rights management body;
  • A professional defence body;
  • An operator entitled to use a geographical indication;
  • An inspection body or authority competent for a geographical indication;
  • An exclusive licence holder covering two or more EU member states; or
  • A group of producers of products with a geographical indication or representative of such group.

Moreover, the information will be provided regarding the IP right in question (for instance, regarding the type of right, registration number, date of registration and expiry, markings and other information, which could be necessary for the Customs to identify the goods). If the Customs deems an application incomplete, the authority will request the applicant to supply the missing information within 10 working days from notification.
The Customs must notify a rights holder regarding a decision to intervene or a rejection of such an application within 30 days from the date on which the request for an intervention or injunction was made. The Customs must also notify the declarant or owner of the goods of the suspension of a release or the detention of the goods within 01 working day of that suspension or detention.
Yes, it is centralized.
There is no official fee for Custom Recordal in Sweden.
When the Customs grants an application, the department in question should specify the period during which the authority is to act. Such period begins from the day on which the decision granting the application is effective, and it should not exceed 01 year from that day. This period may be extended; however, if any IP right ceases to have an effect during such period or if the applicant is no longer authorized to submit an application, the decision granting the application will be amended accordingly or revoked by the department which granted the decision.
The customs may suspend the goods from clearance on finding that the goods may be infringing in nature until a fair determination of the same is made.
The applicant is not obliged to pay any administrative fees for handling the application. However, if the Customs so requests, the applicant must reimburse the authority or other parties acting on behalf of customs authorities for costs, which have been incurred (for instance, concerning the detention or suspension of the release of the goods, including storage and handling of the goods pursuant to the Customs Act). This does not preclude the rights holder from seeking compensation from the infringer or other persons in accordance with applicable legislation. Nevertheless, the losing party is obliged to pay such costs; and should the claim for reimbursement cover several parties, the liability to pay such costs is joint and several.
The owner has 10 working days (or 03 working days for perishable goods) from the notification of the suspension of the release or the detention of the goods to initiate legal proceedings where it will be determined whether the IP right in question has been infringed.
The period of 10 working days may be extended up to a further 10 working days in certain cases, if duly requested by the rights holder. There is no possibility to extend the three-day period, which relates to perishable goods.
10 days (the same may be extended by another 10 days)
Before suspending the release of or detaining the goods, the customs authorities may ask the holder of the decision to provide them with any relevant information Concerning the goods. The customs authorities may also provide the holder of the decision with information about the actual or estimated quantity of goods, their actual or presumed nature, and images thereof, as appropriate.
The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within 01 working day of that suspension or detention. Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons.
The customs authorities may take samples that are the representative of the goods.
If the importer does not respond to the request or objects to the destruction, the consignment will be released, unless the trademark owner brings civil proceedings within 10 days. Therefore, at such point of time, a civil proceeding may be filed for.
It may not be needed if both parties, i.e., the infringer (importer) and the rights holder, agree that the goods are infringing in nature.
Other documents as may be demanded by the court may be needed.
The possible remedies awarded by the court include destruction of goods or release of goods.