BUSINESS BRIEF: SWEDEN
transfer of an application to the right holder if filed by an infringer; (iii) a three-month opposition period (previously two); and (iv) limitation of surname objections now to cover only cases when a trademark consists of something which is meant to be perceived as someone else’s distinctive surname, if the use of the mark would disadvantage the bearer of the name.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Te major problem in Sweden, as in many other countries, is the online sale of copyright-infringing goods, and the difficulties in stopping that use, as well as in identifying the user.
How should people ensure they are protected against copyright infringement?
Copyright protection begins automatically at the moment the work is created. No registration or other formality is needed for a work to be protected under copyright law, and it is not possible to register the copyright officially. Te copyright symbol has no legal effect in Sweden but, rather, serves as a reminder that copyright protection exists for the work. Te best way to ensure protection against copyright infringement is therefore to (i) make sure you can show the date of creation; and (ii) have a continuous and active search on what is used in the market.
What is the best way to deal with infringement, and what are the costs associated with it?
Tere are a number of possible ways to deal with infringements, such as warning letters, customs authority alerts, general public information on the risks in using fake goods, and—finally—court actions. Te costs for court actions are more or less the same as for trademark disputes.
Have there been any changes to the copyright law(s) in the last 12 months?
Sweden signed the Anti-Counterfeiting Trade Agreement (ACTA) on January 26, 2012. In addition,
www.worldipreview.com
a new Swedish copyright act is under development and proposed to come into force by January 1, 2013. Te goal is to simplify the act, making it easier to understand and handle.
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Despite the fact that Sweden has some of the world’s most severe enforcement laws on Internet piracy, such as the 1998 Bulletin Board System Law, online piracy has continued to be a big problem. Aſter the Pirate Bay (a Swedish website that hosted magnet links allowing users to share electronic files) Swedish appeals court verdict in 2010, however, where the founder of the site was sentenced to prison and payment of a fine of SEK 46 million (€5 million), online piracy has in fact decreased somewhat.
What industries are particularly at threat? Te soſtware industry, mainly films and computer games.
What are the best strategies for dealing with the problem?
Te customs authorities have the power to take action against the import of pirated material. One way to assist the customs is to file prior information on your specific goods and what to look for, so that they may see the difference between real and fake products.
General
Are there any legislative changes to the IP regime that would make life easier for businesses?
In general, the proposed changes to the copyright act and the recent changes of the company law and trademark law make it easier for business representatives to understand the rules, as well as to avoid court actions and have third parties’ non-used trademarks and company names deregistered faster and more cheaply.
World Intellectual Property Review Annual 2012 141
Petter Rindforth is a managing partner at Fenix Legal KB. He can be contacted at:
petter.rindforth@fenixlegal.eu
Maria Zamkova is a managing partner at Fenix Legal KB. She can be contacted at:
maria.zamkova@
fenixlegal.eu
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