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Intellectual Property

We assist clients on all aspects of IP.
Please see our core areas below for examples of the work that we do.

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Trademarks and Domain Names

We are proud to work with several of the world’s most valuable brands.

We manage global trademark and domain name portfolios. We do this fully or partially, depending on how the client wishes to work. Our strategic trademark work and prosecution practice continues to grow each year. We firmly believe that this is a consequence of us managing a sufficient number of large and complex trademark portfolios. This enables our lawyers to become truly specialized in such portfolio management.

Enforcement of trademarks has long been at the heart of our practice and we have established procedures to ensure cost-efficiency and effectiveness. With online enforcement becoming ever more important, we also offer several alternatives for online brand protection.

Our trademark litigation experience is notable, having been involved in some of the most complex Swedish trademark cases, including 3D and colour marks.

Patents

Our patent practice is highly sought-after for its expertise in complex patent matters in an international context. The team comprises five partners and draws on thirty years of experience of assisting clients in all technical fields, both in contentious and non-contentious matters. We field a strong patent litigation team of four partners who represent clients across all sectors, before all courts and in arbitration.

The practice also offers vast knowledge and experience of the regulatory aspects in the life sciences industry as well as more broadly in all regulated sectors. We routinely work together and in coordination with counsel from other jurisdictions and have a vast international network of prominent practitioners. We are recognized in the top-tier in notable directories, such as IP Stars and Legal 500.

Copyright

Westerberg is recognized as a leading copyright practice in Sweden. Our expertise and experience span all aspects of the broad field of copyright and related rights, as well as adjacent legal fields. We act in dispute resolution and non-contentious work nationally and internationally on behalf of discerning clients in various sectors including entertainment & media, fashion, retail and IT.

Design rights

Design-right disputes are relatively uncommon in Sweden. Nevertheless, we have acted in matters spanning most industries. Disputes have involved the design of alcoholic beverages, and spare parts for industrial applications. We have particularly strong enforcement experience in the automotive industry, interior design and fashion.

We can also assist in registering design rights, and have experience of a large number of industries, ranging from industrial applications and fashion through to consumer goods.

Marketing law

We regularly advise clients on contentious and non-contentious aspects of marketing law. Our litigation experience in this field is considerable, ranging from product get-up copies to unfair marketing claims. We have also represented clients in PR-related matters concerning defamation and incorrect claims about our clients.

On the non-contentious side, we regularly assist clients in adapting marketing strategies to be compliant with unfair competition and regulatory legislation. A major part of our work in this area is in heavily-regulated industries, such as the pharmaceutical, medtech, alcoholic beverages, tobacco, and health care industries.

In recent years, the explosion of social-media marketing has required many companies to reconsider their marketing guidelines. We regularly advise clients on this developing field of marketing law. We provide training for in-house counsel alongside the marketing and PR departments to ensure that their marketing is effective but also lawful.

Trade secrets

Our firm’s work in the developing field of trade secrets often goes hand in hand with our work in adjacent fields such as patents and copyright. We regularly advice clients on everything from drafting the necessary non-disclosure agreements, to the transfer of trade secrets in transactions. We also act for clients in litigation and arbitration relating to trade secret misappropriation and breach of confidentiality undertakings, where trade secrets are enforced either as a standalone right or as part of patent and/or copyright litigation strategies.

Regulatory

Our experience in regulated industries originates from our work for clients in the Life Sciences sector. Over time it has expanded into other sectors as a growing number of industries become subject to increasing regulation. Our clients see the value of treating their rights and obligations under regulatory legislation as assets, to be used as efficiently as possible.

We have recently worked in a range of fields. These include alcoholic beverages, foodstuffs, medical devices, medicinal products, tobacco, chemicals media and gambling, before administrative courts and government bodies.

The development of personal data regulations in Europe has made such regulatory legislation acutely relevant for almost all industries. Data protection and integrity issues often arise in connection with other legal work we do. Considering the importance and complexity of some of these issues, we have secured special competence in personal data protection.

Transactions & Commercial

Our strong experience in dispute resolution, IP and regulatory law makes us an excellent choice for agreements and transactions where such aspects are of special importance. We believe that a thorough understanding of the substantive legislation coupled with a business-minded approach is key to commercializing intangible assets properly.

Our transactional experience covers the majority of industries and includes work on everything from small, privately-held companies to some of the most complex and valuable transactions in Sweden. We have particular experience in the pharmaceutical, medical devices, cosmetics and service tech industries.
We work in specialized, usually small, teams, and take advantage of technology to streamline workflows. By having a specialized team from the outset, we ensure that issues relating to intangible assets are identified and handled properly at the early stages.