BUSINESS BRIEF: FINLAND
BUSINESS BRIEF: FINLAND
Patents How do you register or secure patent rights? A Finnish national patent can be applied for at the National Board of Patents and Registration (NBPR). Te application must be in writing and all the relevant forms can be found on NBPR’s website (
www.prh.fi). Te application may be draſted in Finnish, Swedish or English, or in any other language as long as the application is translated into any of
the three mentioned
languages before it is examined. If the applicant wishes to receive the NBPR decision in English, it should be mentioned in the application. Te claims and an abstract must be submitted to NBPR in Finnish before the application is made available to the public.
In respect of international patent applications, Finland is party to the Patent Cooperation Treaty, and a single application for protection in several territories can be filed at WIPO or the European Patent Office, but also at NBPR. Furthermore, it is possible to file for a European patent, consisting of a bundle of national patents, under the European Patent Convention of 1973.
A reform of the patent regime within the EU is currently under process, introducing two major changes: a Unitary Patent (UP) and a Unified Patent Court. Te UP is complementary to the national patent and also to the current European patent.
What are the costs for registering a patent? Te cost for filing a national patent is €350 if it is done electronically, otherwise €450. Te patent is maintained by paying renewal fees. For the first three years, the fee is €200 and from there on, there is an annual fee, starting from €155 and increasing progressively up to €900 in the 20th year.
Where can you find information on existing patents in your jurisdiction?
Information on existing patents can be found in
the Finnish online database PatInfo and in the global online database Espacenet. Both databases can be reached through NBPR’s website.
Is there anything unusual about the patent law that companies should be aware of? What are the most common mistakes businesses make?
Applicants should note that it is not possible to add anything to the application aſter it has been filed. Claims can, however, be modified while the application is being processed if the information required for the modification is found in either the description or the original claims of application.
the
What are the key threats to patent owners, and what is the best strategy if you suspect someone is infringing your patent?
Patent litigation, especially within the technology industry, is not uncommon. If a patent holder suspects that a competitor is infringing its rights, a good way to start is to send a cease and desist letter. Interim injunctions, including ex parte injunctions, are also available.
In general, due to adequate legal protection and a well-functioning judicial system, rights holders can expect their legal rights to be enforced in Finland.
Trademarks
How do you register or secure trademark rights, and what protection does it grant? Trademark protection can be obtained either through use or through registration at the NBPR. Of the two, registration is highly recommended. Applicants and trademark holders with no establishment in Finland should note that a local agent is required.
Te exclusive trademark right covers the right to use the mark in the course of trade and the right to prohibit
third parties from using a 116 World Intellectual Property Review Annual 2013
mark confusingly similar in relation to similar or identical goods without the right holder’s authorisation.
What are the costs for registering a trademark, and what are the costs of defending it?
The cost for filing a trademark application is €215 and it includes three classes of goods or services. A fee of €80 is charged per each additional class.
If a trademark owner suspects a third party trademark registration to be infringing its rights, the registration can be opposed for a fee of €215. In general, the costs for legal actions to defend a trademark in Finland are moderate compared to many other countries within Europe and the US.
What are the key threats to trademark owners and what is the best strategy for dealing with infringement?
Counterfeiting continues to pose a serious threat to rights owners, as does the increasing number of online infringements. As reported in 2011 by the Finnish Customs, counterfeit drugs are one of the major concerns of the authorities, along with counterfeit wheel bearings for vehicles. In 2011 several transits of counterfeit wheel bearings (most of them routed from China to Russia via Finland) were successfully stopped by the Finnish authorities, but the number still remains high.
Te customs plays a very active role in the implementation of border measures, education and raising awareness. Any party wishing to enforce its rights in Finland is advised to file a standing application for customs surveillance with the customs (
www.tulli.fi/en/index.jsp). Local anti-counterfeiting
and anti-piracy
groups are also a good first point of contact for trademark owners.
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