BUSINESS BRIEF: FINLAND
of the Market Court’s scope of authority to hear all civil IP matters (see below).
An expert group set up by the Ministry of Employment and the Economy published its report in September 2012, suggesting changes to the Trademark Act so that it would be in line with the CJEU’s case law. Also, in 2013 the EU Commission made public its proposal regarding administrative, procedural and substantive legal changes to the EU trademark system. Te proposal is still under process.
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, we recommend liaising and coordinating with the CIAPC.
Have there been any changes to the copyright law(s) in the last 12 months?
In 2013 the EU directives 2011/77/EU on extension of term of protection and 2012/28/EU on permitted use of orphan works were implemented. One of the main changes due to directive 2011/77/EU is the extension of the term of protection for sound
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recordings from 50 to 70 years from the date of the first lawful publication or communication to the public. Directive 2012/28/EU was implemented as a separate act on orphan works, which will come into force in October 2014.
In October 2013 the Finnish government commissioned the Ministry
of Education
and Culture to amend the Copyright Act in accordance with the objectives set out in the government policy programme. Te government’s assignment is set to culminate in a new government bill during spring 2014. Te bill is likely to, at least, introduce (i) changes to the current procedure for website blocking orders; (ii) a new alternative tool to disrupt the operation of illegal websites (bandwidth throttling); (iii) a streamlined licensing process for online storage services for TV programmes (or Network Private Video Recording services); and (iv) changes to the rules governing agreements on transfer of copyright.
General Te Finnish Market Court started its operation as the new IP court on September 1, 2013. It has jurisdiction in all civil IP matters, including, for instance, applications related to IP rights and appeals against decisions by the NBPR regarding patents, trademarks and designs. Te Board of Appeals of the NBPR ceased its operations on January 1, 2014 and its cases were transferred to the Market Court. 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 at Procopé & Hornborg. He can be contacted at:
davide.battistelli@
procope.fi
“THE 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.”
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, design 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, neighbouring rights and music licensing.
World Intellectual Property Review Annual 2014 117
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