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Rising Stars by IP STARS

Congratulations to Hans Eriksson, Siri Alvsing and Petter Larsson who have again been named Rising Stars by IP STARS !

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Articles

Recent Swedish case law on likelihood of confusion assessment for descriptive trademarks

The question of whether there exists likelihood of confusion between two trademarks may arise in several situations.

It may seem commercially attractive to companies to register a trademark that contains descriptive elements, as the targeted consumers will quickly grasp the kind of goods or services sold under the trademark. However, the more descriptive the trademark, the narrower the scope of protection afforded.

To demonstrate the Swedish patent and market courts’ assessment of trademarks with descriptive elements, this article compiles illustrative and relevant examples from Swedish registration and infringement case law from recent years.

Link to article

 

Likelihood of confusion despite low degree of distinctiveness

In the latest International Law Office / Lexology issue, Westerberg & Partners’ Annalena Nordin and Joanna Wallestam comment on a recent decision by the Swedish Patent and Market Court. Upon opposition, the court found that the trademark TANDLÄKARGRUPPEN ODENPLAN and the earlier registered company name Tandläkarhuset Odenplan AB were confusingly similar. The outcome is notable due to the low degree of distinctiveness in the separate elements of both marks (“tandläkar-” means “dentist” and “Odenplan” is the location of both businesses).

The article may be read through any of the following links:

Lexology
PDF

Interpretation of licence agreements for use of photographic works in Sweden

Hans Eriksson recently published an article in International Law Office / Lexology regarding a recent case from the Patent and Market Court of Appeals concerning the interpretation of copyright contract.

The article may be read through any of the following links:

Lexology
PDF

Use of IT forensic evidence in copyright and trade secret litigation in Sweden

Hans Eriksson recently published an article in International Law Office / Lexology regarding the use of IT forensic evidence in copyright and trade secret litigation and its inherent limitations.

The article may be read through any of the following links:

Lexology 
PDF

Re-boxing of parallel traded medicinal products under EU Falsified Medicines Directive

In the latest International Law Office / Lexology issue, Jonas Löfgren and Petter Larsson comment on a recent judgment from the Swedish Patent and Market Court of Appeal concerning the concept of objective necessity in parallel trade in light of the implementation of the EU Falsified Medicines Regulation.

Link to article

Advice for Swedish companies with business in Russia, Belarus and Ukraine

Many Swedish companies have reacted forcefully against Russia’s invasion of Ukraine. Decisions to suspend or exit operations in Russia, Ukraine or Belarus affect local communities in these countries. As part of their sustainability and corporate responsibility actions, Swedish companies may wish to reflect on their role, rights and responsibilities towards the respect for human rights in armed conflict. Maria Fogdestam Agius have formulated some initial advice for companies (in Swedish).

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Protecting Swedish investments in Russia through international arbitration

The grim situation in Ukraine continues and so do Russian measures against Western businesses in Russia. Jacob Ericson and Maria Fogdestam Agius recently published an article about options for Swedish companies concerned about their Russian assets and rights.

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Narrow scope of protection for collective mark HALLOUMI

In a recent International Law Office / Lexology issue, Siri Alvsing and Linnea Harnesk comment on a judgment from the Swedish Patent and Market Court relating to the collective mark HALLOUMI. The judgment highlights the struggles of collective marks (i.e. marks that may be used by several different traders), namely showing that the trademark is perceived as an indication of commercial origin.

Link to article

Investment arbitration initiated by Huawei

Therese Isaksson comments in Swedish daily newspaper Svenska Dagbladet on the investment arbitration initiated by Huawei against the Swedish state.

Link to article (Swedish)

No likelihood of confusion between LEGALROOM and LEGALZOOM

Descriptive elements of an earlier trademark played a decisive role in a question of likelihood of confusion. The Patent and Market Court of Appeal concluded that there is no likelihood of confusion between LEGALROOM and LegalZoom. Annalena Nordin and Joanna Wallestam recently published an article in International Law Office / Lexology.

Link to article

The Patent Litigation Law Review: Sweden

Björn Rundblom Andersson and Petter Larsson have contributed to the 5th edition of The Patent Litigation Law Review.

Link to chapter on Sweden

Link to the entire Patent Litigation Review

Use of climate, sustainability, and environmental claims in advertising

Maria Bruder has authored an article on greenwashing, and what to have in mind when making assertions in marketing related to the climate, sustainability and the environment.
Link to article (Swedish)

Influencer marketing and Swedish marketing law

Westerberg & Partners’ Hans Eriksson and Josefine Lindén have published an article in Blendow Lexnova on two recent judgments from the Patent and Market Court of Appeal that have clarified many questions about how Swedish marketing law should be applied to marketing on social media with the help of influencers.

The article may be read through the following link (in Swedish, behind paywall): https://www.lexnova.se/expertkommentarer/influencer-marketing-och-marknadsratten

Copyright prohibitions in interests of spiritual cultivation

Axel Seger and Bodil Ehlers recently published an article in International Law Office / Lexology on the copyright protection of works of great cultural importance in the interest of spiritual cultivation.

Link to article

Bad faith trademark registration

Axel Seger and Hans Eriksson recently published an article in International Law Office / Lexology regarding Swedish jurisprudence on bad faith in relation to trademark registrations and how Swedish litigation often turns on the evidence invoked rather than on clear legal precedent.

Link to article

Court hears Bayer Pharma challenge to liability for lifted preliminary injunction

Björn Rundblom Andersson and Måns Ullman have published an article in International Law Office on a recent case which examines, among other things, the applicability and relevance of the CJEU’s Bayer Pharma ruling in Sweden.

Link to article

Recent wave of decisions clarifies position on concept of bad faith

Petter Larsson and Maria Bruder have authored an article in International Law Office on a series of recent judgments by the PMC and the PMCA concerning the concept of bad faith in light of the established ECJ case law and advise prudent rights holders to consider their filing strategies well in advance of market entries in new jurisdictions.

Link to article

Submission of evidence in court proceedings does not constitute copyright infringement

Axel Seger and Hans Eriksson have authored an article in International Law Office on a recent case where the Patent and Market Court of Appeal determined that copyright-protected materials can be freely submitted as evidence to courts in Sweden, as long as the material has some prima facie relevance as evidence in the proceedings.

Link to article

Spirit drink PDO versus trademark registration

Siri Alvsing, Josefine Lindén and Jonas Löfgren have authored an article in International Law Office on a recent judgment from the Administrative Court of Malmö describing the Swedish trademark regulation as parallel to the EU Spirits Drinks Regulation on inter alia the protection of geographical indications, and thus an approved trademark does not preclude the trademark from being in breach of a protected designation of origin under the Spirits Drinks Regulation.

Link to article

Compulsory patent licence as defence against claim for preliminary injunction

Ludvig Holm and Måns Ullman have authored an article in International Law Office on a decision from the PMCA which discusses the uncommon but important and relevant issue of compulsory licenses to patents and its use as defence against claim for preliminary injunction.

Link to article

Legal protection of trade secrets in Sweden

Björn Rundblom Andersson, Hans Eriksson and Axel Seger have contributed to Chambers and Partners’ Law & Practice Sweden section of the recent guide on Trade Secrets 2021. The section includes the latest legal information on misappropriation, litigation, the trial process, remedies, appeals, criminal offences and alternative dispute resolution (ADR).

Chambers and Partners explain: “For each jurisdiction Chambers selects highly ranked lawyers to provide local expertise into the issues identified by the Contributing Editor.”

Link to article

Online marketing of tobacco products

Siri Alvsing and Maria Bruder have authored an article in International Law Office on a recent judgment by the Swedish Patent and Market Court on the rules governing the online sale of tobacco products under the Act on Tobacco and Similar Products (LTLP).

Link to article

Do parties have an absolute right to dispute in person in Sweden?

Olof Olsson and Jesper Tiberg have authored an article in International Law Office on the mandate of an arbitral tribunal to conduct a virtual hearing despite lacking consent from one of the parties.

Link to article

Conflict of law and online marketing

Siri Alvsing and Maria Bruder have authored an article on a recent judgment by the Swedish Patent and Market Court of Appeal (PMCA) on the application of the choice of law principle in marketing law in relation to online marketing.

Link to article

Court finds that GLENETT trademark does not evoke Scotch Whiskey GI

Annalena Nordin has authored an article in International Law Office on a ruling of the Swedish Patent and Market Court on a trademark and its possible association with a specific geographical origin.

Link to article

Patent and Market Court of Appeal rules on distinctiveness of position trademarks

Helena Wassén Öström and Annalena Nordin have authored an article in International Law Office on a ruling of the Patent and Market Court of Appeal on position trademarks used for services.

Link to article

New legislation on tobacco-free nicotine pouches expected

Jonas Löfgren and Måns Ullman have authored an article in International Law Office on the analysis of a likely regulation of tobacco-free nicotine pouches which will be presented by the Ministry of Health and Social Affairs on 31 March 2021.

Link to article

Actual use of company names

Siri Alvsing has authored an article in International Law Office on a recent judgment from the Patent and Market Court of Appeal regarding the requirement on actual use in relation to company names.

Link to article

Calculation of damages in cases of misappropriation of trade secrets and copyright infringement

Hans Eriksson and Josefine Lindén have authored an article in International Law Office on an interesting recent Labour Court decision concerning trade secrets and copyright.

Link to article

Copyright 2021 – Sweden

Stefan Widmark, Bodil Ehlers, Hans Eriksson and Siri Alvsing have again contributed to Chambers and Partners’ Law & Practice section of the recent guide for Copyright 2021 – Sweden.

Chambers and Partners explain: “… Practice Guides provide in-house counsel with expert legal commentary on the main practice areas in key jurisdictions around the world .… For every guide we select Contributing Editors who are ranked in the relevant Chambers Guides as the best in their field. The individual contributors who write the ‘Law and Practice’ … sections are selected on the same basis.”

Link to guide

Article on a recent case from the Patent and Market Court of Appeal

Björn Rundblom Andersson and Josefine Lindén have authored an article in International Law Office on a recent case from the Patent and Market Court of Appeal, where the court found that Sweden has failed to properly implement the EU Enforcement Directive in relation to corrective measures in patent cases.

Link to article

Striden om den svenska e-handeln med alkoholdrycker

Westerberg & Partners Bodil Ehlers och Hans Eriksson har författat en expertkommentar i Blendow Lexnova om e-handel med alkoholdrycker i Sverige.

Länk till artikel (bakom betalspärr)

Marketing of gambling bonuses

Petter Larsson, Stefan Widmark and Bodil Ehlers have authored an article in International Law Office on a recent case from the Patent and Market Court regarding the marketing of gambling bonuses.

Link to article

Do Swedish patent licence agreements last for the life of a patent unless otherwise specified?

Björn Rundblom Andersson has authored an article in International Law Office on the term of Swedish patent licences in light of an interesting judgment from the Swedish Patent and Market Court of Appeal.

Link to article

AI håller på att skruva tillbaka tiden 100 år

AI håller på att skruva tillbaka tiden 100 år, skriver Malcolm Wiberg, managing partner, Westerberg & Partners advokatbyrå.

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Is Swedish market for CBD oils closed?

Jonas Löfgren and Måns Ullman have authored an article in International Law Office on the Swedish Medical Products Agency’s decisions to classify certain CBD oils as medicinal products and thus prohibiting their marketing as foodstuffs.

Link to article

Article in Swedish journal Ny Juridik

Björn Rundblom Andersson has authored an article discussing some issues relating to the resolution of trade secret disputes in arbitration.

The article is published in the Swedish journal Ny Juridik, issue 3 for 2020, and is available online at following link

Design protection in the Nordic countries – looking back and forward

Linnea Harnesk recently published the article “Design protection in the Nordic countries – looking back and forward” in the Swedish journal NIR (Nordic Intellectual Property Law Review).

The article may be read through the following link (solely open to subscribers) or in the journal which will be distributed to subscribers next week!

Joint handling of patent infringement claims and contractual claims in Swedish IP courts

Hans Eriksson and Josefine Lindén in International Law Office on joint handling of patent infringement claims and contractual claims in Swedish IP courts.

Link to article

Objective necessity to rebox in parallel trade and implementation of EU Falsified Medicines Regulation

Jonas Löfgren and Petter Larsson in International Law Office on a recent judgment from the Patent and Market Court concerning the concept of objective necessity in parallel trade in light of the implementation of the EU Falsified Medicines Regulation.

Link to article

Dynamic blocking injunction against ISPs

Josefine Lindén and Stefan Widmark in International Law Office on the first Swedish precedent on dynamic blocking injunctions.

Link to article

Biosimilars still not subject to mandatory substitution

Jonas Löfgren and Siri Alvsing in International Law Office on a judgment from the administrative court of appeal confirming the view that biosimilars are generally not included in the Swedish system for mandatory substitution.

Link to article

Supreme Court rules on balancing of copyright and fundamental rights

Stefan Widmark and Siri Alvsing in International Law Office on the balancing of copyright and freedom of the press, in the wake of the Supreme Court’s judgment in relation to the political “iron pipe-scandal”.

Link to article

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News

European Cross-border Patent Litigation Team of the Year

We are utterly delighted to announce that Westerberg & Partners was presented as part of the team winning the highly competitive European Cross-border Patent Litigation Team of the Year award for our work on the Illumina Cambridge matter during Managing IP’s annual awards ceremony in London on 15 June.

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Helena Wassén Öström is ranked as one of Top 250 Women in IP

Westerberg & Partners is proud to announce that Helena Wassén Öström is once again ranked as one of Top 250 Women in IP in the world as Managing IP recently revealed this year's leading female intellectual property practitioners in private practice.

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Westerberg & Partners announces its further expansion with latest recruitment

We are delighted to welcome Wendela Hårdemark to the team!

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Westerberg & Partners is pleased to have contributed to Chambers and Partners’ Global Practice Guide

Westerberg & Partners is pleased to have contributed to Chambers and Partners’ Global Practice Guide on Trade Secrets 2022 through the Swedish section authored by Björn Rundblom Andersson and Hans Eriksson.

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Managing IP shortlists Westerberg & Partners

Westerberg & Partners is delighted to announce that the firm has yet again been shortlisted as Firm of the Year in Sweden under the three categories Patent Contentious, Trademark Prosecution (law firms) and Copyright & Design by Managing Intellectual Property.

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Legal 500 ranks Westerberg & Partners

Legal 500 ranks Westerberg & Partners’ experts in Intellectual property and media as well as Insurance at the very top in tier 1. ‘Very strong team in Sweden for anti-counterfeiting. Great experience in building enforcement programs for a variety of clients and masters in ensuring good recoveries.

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Westerberg & Partners in the news

The Swedish newsletter Realtid reports on the recent court of appeal judgment in Sturecompagniet v. Gjensidige Forsikring.

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Westerberg & Partners acts for the insurer Gjensidige Forsikring

The court of appeal held that Covid19-based government restrictions, imposing a nationwide limit on the number of guests per square meter in restaurants and night clubs, did not trigger the insurance policy.

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Westerberg & Partners represented the Swedish Sports Confederation

Jesper Tiberg and Tom Sundin from Westerberg & Partners have successfully represented the Swedish Sports Confederation in an arbitration against the Swedish Football Association.

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Copyright 2022 Global Practice Guide – Sweden

Stefan Widmark, Hans Eriksson and Siri Alvsing have contributed to Chambers and Partners’ Law & Practice section of the recent guide for Copyright 2022 – Sweden.

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Top ranked by Chambers Global 2022

Chambers and Partners points out Westerberg & Partners as a provider of “high-quality advice on cross-border IP and disputes matters” top-ranking the firm in Intellectual Property and Dispute Resolution as well as International & Cross-Border Capabilities in Sweden and Dispute Resolution (Expertise based abroad) in Russia.

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WTR ranks world-class legal trademark expertise

Westerberg & Partners’ trademark team has once again been identified as top trademark professionals with world-class legal trademark expertise by World Trademark Review in their guide WTR 1000 2022.

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Three of the best arbitration lawyers in Sweden

Congratulations to Bo G.H. Nilsson, Ginta Ahrel and Therese Isaksson who have been identified as some of the world’s leading arbitration figures and three of the country’s best arbitration lawyers by Who's Who Legal and Global Arbitration Review.

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Who’s Who Legal IP 2021

In their latest guide, Who's Who Legal name Henrik Wistam Leading Individual in IP 2021. Market commentators state he is “the king of trademarks in Sweden”.

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Rising Stars

Congratulations to Siri Alvsing, Hans Eriksson and Petter Larsson who have yet again been named Rising Stars by IP STARS!

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Westerberg & Partners Tier 1 and highly recommended

This year, Managing IP has ranked Westerberg & Partners in tier 1 in both categories Patent contentious and Trade mark contentious, highly recommending the firm in Trade mark prosecution as well as top ranking the firm in Copyright & related rights.

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Westerberg & Partners listed as top arbitration practice

We are delighted to announce that The Global Arbitration Review (GAR) has selected Westerberg & Partners for inclusion in their 2021 guide to the world’s leading arbitration firms and expert witness providers: The GAR 100 (14th Edition).

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Recognized as WTR Global Leaders

Westerberg & Partners’ Helena Wassén Öström and Henrik Wistam were recently recognized in the 2021 edition of WTR Global Leaders in private practice by World Trademark Review.

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IAM Patent 1000 has ranked Westerberg & Partners in litigation and transactions

We are glad to see that so many of our lawyers have either improved or secured their rankings. We feel thankful to clients and colleagues for the appraisal and are set on continuing to advise our clients on the most challenging legal issues.

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Helena Wassén Öström – One of top 250 Women in IP ranked by Managing IP

Westerberg & Partners is delighted to announce that Helena Wassén Öström is once again included in the list of Top 250 Women in IP from more than 30 jurisdictions and regions of the world.

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Therese Isaksson has been elected member of the ICC International Court of Arbitration

Therese is now one of 195 members representing 121 countries entrusted with the most important task - to ensure the Court’s efficient processes and reliability.

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Ginta Ahrel has been elected board member of the SAA

Westerberg & Partners is proud to announce that Ginta Ahrel has been elected board member of the Swedish Arbitration Association (SAA).

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We are delighted to welcome Stefan Bessman to Westerberg & Partners’ team!

Stefan Bessman is known for his skills in litigation and in particular for his expertise in insurance and reinsurance law. He is ranked as a leading individual by Chambers and Legal 500 in insurance law, and will bring additional strength to the dispute resolution practice of Westerberg & Partners.

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Astrid Baldomero Warstrand awarded Best Master’s Thesis 2020

Astrid Baldomero Warstrand was recently awarded Best Master’s Thesis 2020 by the Faculty of Law at Uppsala University.

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Westerberg & Partners expands with the hire of three associates

Jacob Ericson is the third addition this year following that of fellow associates Axel Seger in January and Astrid Baldomero Warstrand in March.

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Maria Fogdestam Agius nominated by the Swedish Government

Maria Fogdestam Agius has been nominated by the Swedish Government to the European Commission’s pool of arbitrators for bilateral disputes under EU free trade agreements.

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The Legal 500 top ranks Westerberg & Partners

Westerberg & Partners’ Intellectual property and media team has secured their position right at the top in tier 1 and our Dispute resolution team is top ranked in tier 2.

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Fundamental Principles of International Arbitration in Sweden

Bo G.H. Nilsson and Björn Rundblom Andersson have authored a chapter on Fundamental Principles of International Arbitration in Sweden for the second edition of International Arbitration in Sweden: A Practitioner’s Guide.

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Winner of the Swedish Copyright & Design Firm of the Year award

Westerberg & Partners received the award at the sixteenth annual Managing IP ceremony held virtually in London on 30 March.

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Westerberg & Partners ranked as a leader in our fields by Chambers

Chambers and Partners continues to promote Westerberg & Partners as a leader in our fields Intellectual Property and Dispute Resolution. We are particularly proud that Ginta Ahrel is included by the Europe guide for the first time.

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Ginta Ahrel interviewed by Young ICSID

Westerberg & Partners’ Ginta Ahrel was recently interviewed by Young ICSID for their series about young arbitration practitioners.

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Westerberg & Partners ranked in Chambers Global once again

We are pleased that Westerberg & Partners is ranked in Chambers Global once again as one of the leading firms in Sweden in both Intellectual Property and Dispute Resolution.

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Westerberg & Partners shortlisted by Managing IP

Westerberg & Partners is most happy to announce that the firm has been shortlisted as Firm of the Year in Sweden under the four categories.

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Westerberg & Partners repeat top rankings by WTR 1000

Westerberg & Partners’ trademark team repeats top rankings by WTR 1000. The firm secures Band Gold for enforcement and litigation as well as Band Silver for prosecution and strategy.

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Ginta Ahrel – new appointed member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

Congratulations to Ginta Ahrel who has been appointed member of the board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).

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Intervju SVT Nyheter

Westerberg & Partners Stefan Widmark har intervjuats av SVT Nyheter angående en aktuell och uppmärksammad tvist om användning av namn och bild på en känd person på ett konstverk.

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Arbitration 2021 WWL rankings

Congratulations to Bo G.H. Nilsson and Ginta Ahrel who have been identified as leading names in Arbitration 2021 by Who's Who Legal and Global Arbitration Review!

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Westerberg & Partners expands on international disputes and intellectual property

We are pleased to announce two new partners: Maria Fogdestam Agius and Hans Eriksson!

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Rising Stars by IP STARS

Congratulations to Hans Eriksson, Siri Alvsing and Petter Larsson who have again been named Rising Stars by IP STARS !

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Global Leaders 2020 in private practice by World Trademark Review (WTR).

Congratulations to Helena Wassén Öström and Henrik Wistam who are ranked as Global Leaders 2020 in private practice by World Trademark Review (WTR).

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Westerberg & Partners boosts partnership ranks

We are delighted to welcome Maria Bruder to Westerberg & Partners' team!

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IAM Patent 1000 ranks Westerberg & Partners

We are proud to announce that IAM Patent 1000 has ranked our firm for the very first time. In litigation, Westerberg & Partners is placed in band silver, and in transactions our team is recommended.

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Helena Wassén Öström Top 250 Women in IP ranked by Managing IP

Congratulations to Helena Wassén Öström who has been included in Managing IP’s list of Top 250 Women in IP.

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GAR 100 lists Westerberg & Partners as a top arbitration

For the first time, Global Arbitration Review (GAR) includes Westerberg & Partners in their 2020 guide to ‘approved’ top arbitration practices in the world: GAR 100.

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Therese Isaksson designated conciliator

Congratulations to Therese Isaksson who has been designated conciliator at the World Bank Group’s International Centre for Settlement of Investment Disputes (ICSID) by the Swedish government, a position she will hold during the coming six years.

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Ranked in tier 1 for IP and tier 2 for dispute resolutuion

In their first ever ranking of our firm, Legal500 places Westerberg & Partners’ Intellectual property and media team right at the top in tier 1 and our Dispute resolution team in tier 2.

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Ranked in Chambers Europe 2020

Just starting our second year, we are pleased to announce that Chambers & Partners continues to promote our firm. Today our Intellectual Property team is in Band 2 and our Dispute Resolution team is in Band 3.

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Westerberg & Partners awarded as the Swedish Trade Mark Contentious Firm of the Year as well as the Swedish Copyright Firm of the Year

We are absolutely delighted to have been awarded not one, but two awards at the fifteenth annual Managing IP Awards in London on 5 March.

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Westerberg & Partners top ranked by WTR 1000

“Consistent on quality, Westerberg & Partners is best in show for trademark work.”

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Who’s Who Legal – Most Highly Regarded

Congratulations to Bo G.H. Nilsson and Henrik Wistam! This year, Who's Who Legal has recognized them as the “Most Highly Regarded” lawyers in Sweden in Arbitration and Trademarks respectively.

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