BUSINESS BRIEF: FINLAND
BUSINESS BRIEF: FINLAND Patents
How do you register or secure patent rights? Is national or international coverage most appropriate?
Patent applications must be filed in writing with the National Board of Patents and Registration (the NBPR). Te patent application forms are available on the Internet.
An applicant domiciled in Finland may draſt the application either in Finnish or Swedish. Te application may also be draſted in English and it can be examined in English, if so requested when filing the application. However, the application has to be translated into Finnish or Swedish before it is made available to the public. Te application may also be filed in other languages and it can be accorded a filing date, but it will not be examined before it has been translated into Finnish or Swedish.
A national patent granted in Finland is in force within the Finnish territory. Te downside with seeking protection in a number of national territories is the high cost associated with the local filings and translations.
Finland is party to the Patent Cooperation Treaty (PCT). The application process for patent protection in multiple territories can begin with a single application made either to the NBPR or WIPO. It is possible to file for a European patent based on the European Patent Convention (EPC).
What are the costs of obtaining and defending a patent?
Te filing fee for a Finnish patent is €450 ($590) Te fee will not be refunded if the application does not lead to the grant of a patent.
A patent is maintained by paying renewal fees. Te fee for a patent for the first three years is €200 ($460). Te first renewal fee is paid
during the application phase, at the beginning of the third application year. From there on, the fee shall be paid annually and it increases progressively up to €900 ($1,200) in the 20th year.
Costs up to the district court decision tend to range between €200,000 and €400,000 ($262,000 and $523,000), depending on the complexity of the case.
Is there anything unusual about the patent law that companies should be aware of?
Patent applications must be draſted with care. It is not possible to add anything to the application aſter the filing date. Claims can be modified, however, while the application is being processed, but the information needed in the modification must be found in the text of the application, either in the description or the original claims.
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Patent disputes, in particular in the technology sector, are not uncommon. Patent owners should remain vigilant in their enforcement efforts.
Te first step is to send a cease and desist letter to the suspected infringer. Interim injunctions, including ex parte injunctions, are also available and can be effective, but require at least some evidence of the actual infringement.
Trademarks
How do you register or secure trademark rights, and what protection do they grant? Te exclusive trademark right covers the right to use a mark in business and also, when necessary, the right to prohibit others from using in business the mark or marks that may be confused with the protected mark, on similar goods or services.
120 World Intellectual Property Review Annual 2012
While it is also possible to obtain protection for a trademark through use, it is recommended that companies (or individuals) protect their trademarks by applying for trademark registration at the NBPR. 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 deploy a local agent.
What are the costs of registering a trademark, and what are the costs of defending it?
Te NBPR charges a fee of €215 ($280) for a trademark application, including three classes of goods or services. Te agents typically charge either an hourly rate or a single fixed fee.
Te NBPR’s fee for filing an opposition to registration is €215 and the legal fees for a simple filing typically remain reasonable.
The costs for legal actions to defend a trademark in Finland are moderate compared to many European jurisdictions or the US. In a normal trademark case, the costs of litigation up to a district court decision should not exceed €30,000 to €50,000 ($40,000 and $65,400). In addition, a successful litigant should have his legal fees covered by the losing party.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement?
Counterfeiting remains a big problem for rights owners, in part because of the proximity to Russia—it still struggles with IP enforcement efforts. Further, online infringements present an increasing problem in Finland, with pharmaceutical products and luxury goods being the most vulnerable, according to customs statistics.
www.worldipreview.com
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