BUSINESS BRIEF: SWEDEN
What are the most common mistakes trademark owners make?
Te most common mistake is failing to register corresponding domain names prior to the application of the trademark. Cybersquatters see what is going on with regard to new trademark and products and register these as domain names prior to the rights holders.
Also, within a grace period of five years, the trademark needs to be used as registered and for the goods and services covered by the registration. If not, a third party can apply for full or partial cancellation of registration.
the trademark
Another mistake is to not register the trademark in countries where the marked goods are produced but not intended to be sold. Infringers oſten use that weakness to make pirate goods in these specific countries.
Piracy
How big a problem is piracy in your jurisdiction?
Sweden has some of the world’s most severe enforcement laws on Internet piracy, such as the so-called Bulletin Board System law (the Act on Responsibility for Electronic Bulletin Boards) from 1998. Still, online piracy has been a big problem, but since Te Pirate Bay (a Swedish website that hosted magnet links allowing users to share electronic files) Swedish appeals court verdict in 2010, where the founders of the site were sentenced to prison and payment of a fine of SEK46 million ($7 million), online piracy has decreased somewhat.
What industries are particularly at threat? Te soſtware industry, films and computer games.
What are the best strategies for dealing with the problem?
Te customs authorities have the power to take
www.worldipreview.com
action against the import of pirated material and one way to assist customs is to file prior information on your specific goods and what to look for, so that the difference between real and fake products can be seen.
General
Are there any legislative changes to the IP regime that would make life easier for businesses?
Changes to the copyright act proposed to come into force on November 1, 2013, that include more clear regulation and opportunities regarding contractual licensing, extending the right for performers and petitioners’ rights from 50 to 70 years, updates on Internet use and licence contracts, are very necessary.
Also, recent changes to 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 less expensively.
Surname objections, that used to be a serious risk for trademark applicants, are now limited to 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.
Maria Zamkova is CEO at Fenix Legal KB. She can be contacted at:
maria.zamkova@
fenixlegal.eu
Petter Rindforth is managing partner at Fenix Legal KB. He can be contacted at:
petter.rindforth@fenixlegal.eu
Maria Zamkova has a Master’s of industrial design and is a patent and trademark attorney. She studied law, business economy and management at the University of Stockholm and intellectual property at the IP Academy of Sweden. She is an expert in European Patents. She assists national and international clients in IP due diligence and is a frequent lecturer in IP and business strategies.
Petter Rindforth has a Master’s in law from the University of Stockholm, is a European trademark and design attorney, a trained mediator and registered EPO legal practitioner. He is an expert in cyberlaw and serves as arbitrator/panellist for WIPO, National Arbitration Forum, IIS and the Czech Arbitration Court.
World Intellectual Property Review Annual 2013 133
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