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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.”

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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).

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Dynamic blocking injunction against ISPs

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

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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.

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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”.

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