BUSINESS BRIEF: FINLAND
Have there been any changes to the trademarks law(s) in the last 12 months?
No changes have come into force in the past year, but an extensive review of the Finnish Trademark Act is under process. An expert group set up by the Ministry of Employment and the Economy published its report in September 2012, suggesting changes to the act so that it would be in line with the CJEU’s case law.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Online piracy is
still a big problem for the
music, film and publishing industries in Finland, whereas physical piracy is rather low. Illegal P2P services remain the main threat for the entertainment industries, while for brand owners, auction sites and illegal websites are the most common channels of distribution for illegal products.
What is the best way to deal with infringement?
Careful monitoring and sending cease and desist letters is a good starting point. Interim injunctions are also available.
Te Finnish Copyright Information and Anti- Piracy Centre
(CIAPC), representing key
entertainment industry associations, runs an effective campaign against online infringement and also carries out enforcement actions on behalf of its individual members. As it plays a key role in the fight against piracy, it is recommended to liaise and coordinate with the CIAPC.
In respect of online piracy, some landmark decisions have been handed down by Finnish courts. Te most significant was issued by the Helsinki District Court on October 26, 2011, ordering Finnish Internet service provider Elisa to block subscribers from accessing Te Pirate Bay, the most popular illegal BitTorrent service in Finland.
www.worldipreview.com
“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.”
Have there been any changes to the copyright law(s) in the last 12 months?
No changes have come into force in the last year, but a draſt government bill introducing changes to the Copyright Act and suggesting a new law regarding the use of orphan works was published at the beginning of 2013 in accordance with EU directives 2011/77/EU and 2012/28/EU. One of the main changes will be the extension of the term of protection for recordings from 50 to 70 years from the date of the first lawful publication or communication to the public.
General A bill extending the Market Court’s scope of authority to hear all civil IP matters was passed by the Parliament in December 2012 and ratified by the President in January 2013. Most of the required legislative amendments will come into force in the fall of 2013. Te Board of Appeal of the NBPR will cease its operations and the Helsinki District Court will lose its special status as the court competent for certain IP-related civil cases. Criminal proceedings will, however, continue to be heard in the local district courts.
Hanna Nylund is an associate at Procopé & Hornborg. She can be contacted at:
hanna.nylund@procope.fi
Davide Battistelli is an associate (praticante avvocato) at Procopé & Hornborg. He can be contacted at:
davide.battistelli@
procope.fi
Hanna Nylund holds a Master’s degree in law from the University of Helsinki. She specialises in IP law, particularly in copyright law, neighbouring rights and trademark law.
Davide Battistelli holds a Master’s degree in law from the Roma Tre University. He specialises in IP Law, with a focus on international copyright law, rights and music licensing.
neighbouring
World Intellectual Property Review Annual 2013 117
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