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Enforcement of IPRs in Sweden


Enforcement of IPRs
Counterfeit goods are widely distributed via the internet, which acts as the main cause of counterfeiting and piracy in Sweden.
Clothes and watches are the goods that most often face counterfeiting and piracy in Sweden.
They are as follows:
  • The Trademarks Act (SFS 2010:1877);
  • The Act on Copyright in Literary and Artistic Works (SFS 1960:729);
  • The Patents Act (SFS 1967:837);
  • The Design Protection Act (SFS 1970:485);
  • The Trade Names Act (SFS 1974:156);
  • The Act on the Protection of Topographies for Semiconductor Products (SFS 1992:1685); and
  • The Act on Plant Breeders’ Rights (SFS 1997:306).
Patents, trademarks, copyright, and industrial designs are the different types of IPRs protected by IPR enforcement in Sweden.
Swedish is the only official language of proceedings; therefore, the documents should be prepared accordingly. However, the courts can allow documentary evidence in English (such as reports and opinions by expert witnesses). The language of the proceedings before the regional division of the UPC will be English.
There are no professional requirements that apply to persons representing parties before the courts. However, the court can reject a counsel who does not have the required skills or is otherwise considered unsuited. In practice, only legally educated persons appear as representatives. In most cases, these persons are also members of the Swedish bar (Advocates) (Advokater). In patent litigation, a legal representative is often assisted by a patent engineer or technical expert in the relevant field.
Yes. There is no specific limitation period for filing an infringement action under the Swedish Trademarks Act. However, the right to compensation for the infringement of a trademark expires if no action is brought within 05 years from the date on which the damage occurred. With respect to registered trademarks, this must be no earlier than 01 year from the date of registration.
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
Other civil remedies include publication of the judgement at the expense of the infringer.
An infringement case in the first-instance court may take up to 18 months to be resolved, depending on the complexity of the case, case material, evidence, and procedural strategies of the parties. On an average, the Patent and Market Court will take 12 months to resolve the case from the filing of the lawsuit.
The court may penalise the IP rights holder for non-compliance of its orders.
A) Responsible Authority - The Patent and Market Court and the Patent and Market Court of Appeal
B) Imprisonment Term –Trademarks, Copyright, and Patents: Up to 02 years
C) Monetary Fine - Depends on the complexity of each case
Other criminal remedies include publication of the judgement at the expense of the infringer.
The court may penalise the IP rights holder for non-compliance of its orders.
Mediation offers an informal, confidential dispute resolution method for parties wanting to resolve their disputes amicably. Mediation may be undertaken as a first step, before litigation or arbitration, provided that both parties agree to use a mediator. Mediation is a non-binding procedure; however, a settlement agreement can be confirmed in an arbitral award. Mediation is thus a flexible dispute resolution method as it enables the parties to stay in control of the process.
ADR proceedings may also be used concerning domain names, and thus, indirectly concerning trademarks. ADR for the top-level domain .se is administered by the World Intellectual Property Organization (WIPO). The decision of the ADR will state whether the domain name is to be deregistered or transferred to the petitioner, or whether the petitioner’s ADR petition is to be rejected.
The remedies available under border control measures (customs) in Sweden include fines and destruction of infringing goods.
The applicant must bear the costs of customs intervention during enforcement.
The goods may be released from detention for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Civil Court Proceedings