FINLAND
FINLAND
While it is possible to obtain protection for a trademark through use, it is recommended that companies (or individuals) protect their marks by applying for a trademark registration at the NBPR. Te use of agents or legal representatives is not obligatory for applicants with residence or commercial establishment in Finland, but applicants with no establishment in Finland must have an agent domiciled within the EEA.
Te NBPR charges €215 for a trademark application, which includes three classes of goods or services. Filing an opposition to a trademark registration also costs €215.
Te costs of defending a trademark in Finland are moderate when compared to many European jurisdictions or the US. In a typical trademark case, the costs of litigation in the first instance are between €10,000 and €30,000. However, there is room for flexibility depending on how complex the case is. In addition, a successful litigant should have its legal costs covered by the losing party.
Trademark threats
Counterfeiting remains a big problem for right owners, in part because of Finland’s proximity to Russia, which still struggles with intellectual property (IP) enforcement efforts. Furthermore, online infringements present an increasing problem in Finland. Pharmaceutical products are the most vulnerable to counterfeiting, according to customs statistics.
Finnish brand owners and industry groups have established a good working relationship with customs. Using customs and filing for a standing application is highly recommended. Local industry anti-counterfeiting and anti-piracy groups also provide effective services and a good first point of contact for trademark owners but trademark owners are still not active enough in monitoring markets and intervening in infringements.
Non-use of a mark and the subsequent risk of cancellation also cause problems. Trademark owners should make sure that their marks are used for all the goods and services they have been registered for. If an owner does not plan to use the mark itself, licensing the mark to a third party should be considered.
Upcoming amendments to trademark law
The Ministry of Employment and the Economy has set up a working group to discuss the need to amend Finnish trademark law. The current trademark law will be updated so that it conforms with Court of Justice for the EU (CJEU) rulings. The CJEU has set several precedents that concern how the EU Trademark Directive should be interpreted. The
126 World Intellectual Property Review e-Digest 2012
Finnish legislator, however, has focused on the most important points, particularly those that concern registration procedures. The working group will publish its report by March 2012. The aim is to prepare a government proposal regarding a new trademark law by the end of 2012.
Copyright and online piracy
Online piracy is a big problem for the music, film and publishing industries in Finland. The Finnish Copyright Information and Anti- Piracy Center (CIAPC), which represents key entertainment industry associations, runs an effective campaign against online copyright infringement. It is recommended that right holders keep in close contact, and coordinate their efforts, with the CIAPC.
Illegal peer-to-peer services, particularly those that use the BitTorrent protocol, are the entertainment industry’s main concern. On the CIAPC’s application, the Helsinki District Court ordered Finnish Internet service provider Elisa to prevent its clients from accessing the Pirate Bay website on October 26, 2011. Pirate Bay is the biggest BitTorrent site in the world and the most visited website in Finland for illegal downloads. Within the EU, similar decisions have been given in Austria, Belgium, Denmark, Ireland, Italy and the UK.
Lauri Rechardt is a partner at Procopé & Hornborg. He can be contacted at:
lauri.rechardt@
procope.fi
Timo Enroth is an associate at Procopé & Hornborg. He can be contacted at:
timo.enroth@procope.fi
Lauri Rechardt specialises in all areas of IP, media and entertainment law, especially international copyright and media law. He has broad experience in IPR-related matters in Finland and internationally, and has participated in the work of various international bodies, including WIPO, WCO, the Council of Europe and the European Commission, as an expert.
Timo Enroth specialises in copyright, trademark, design, media and communications, and contract law. Before joining Procopé & Hornborg, he worked as the legal advisor and Internet investigator for the CIAPC. Enroth is also a graphic designer and has broad experience in design work.
www.worldipreview.com
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