BUSINESS BRIEF: SWEDEN
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 the trademark registration.
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 counterfeit goods in these specific countries.
Copyright
What are the key challenges to copyright holders in your jurisdiction? Te biggest problem is—as in many other countries—the online sale of copyright infringing goods, and the difficulties of stopping that use as well as identifying the offenders.
How should people ensure they are protected against copyright infringement?
Copyright protection begins automatically at the same moment the work is created. No registration or other formality is needed, and it is not possible to officially register the copyright. Te copyright symbol has no legal effect in Sweden but rather serves as a reminder that
“THE MOST COMMON MISTAKE IS TO INFORM MEDIA AND POSSIBLE FINANCIAL PARTNERS BEFORE SECURING THE PATENT WITH AN APPLICATION, OR AT LEAST A PROPER NON- DISCLOSURE AGREEMENT.”
As of November 1, 2013, amendments of the Swedish copyright act came into force, improving the possibility to exploit works aſter an agreement has been entered into with organisations that represent a large number of creators in the area—so-called extended collective licensing.
Also, copyright protection for performers and producers of sound recording was extended from 50 years to 70 years.
Counterfeiting
How big a problem is counterfeiting in your jurisdiction? Online piracy is still a problem, despite the fact that Sweden has some of the world’s most severe enforcement laws on internet piracy.
copyright protection exists for the work.
Terefore, the best way to ensure protection against copyright infringement is show the date of creation and have a continuously and active search of what is used on 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?
www.worldipreview.com
What industries are particularly at threat? Te soſtware industry, films and computer games, as well as the medical industry.
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 and one way to assist the customs is to file prior information on your specific goods and what to look for so customs may easily 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?
Te Swedish Justice Minister has claimed support for the creation of a general and central IP Court in
Maria Zamkova has a Master's of industrial design and is a patent and trademark attorney. She also studied law, business economy and management at the University of Stockholm and IP at the IP Academy of Sweden. She is an expert in European patents and assists national and international clients in IP due diligence and is a frequent lecturer in IP and business strategies.
World Intellectual Property Review Annual 2014 135
Sweden. Today, IP, competition law and marketing law cases are divided between public courts and general administrative law courts, as well as two specialised courts (Patent Appeal and the Market Court). Te new IP Court will likely come into force by July 1, 2015.
Maria Zamkova is CEO at Fenix Legal KB. She can be contacted at:
maria.zamkova@
fenixlegal.eu
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