Westerberg & Partners expands on international disputes and intellectual property
Specialist IP and dispute boutique firm Westerberg & Partners today announces that one of its senior associates, IP specialist Hans Eriksson, will join its partnership. At the same time, we are pleased to announce that Westerberg & Partners also has been joined by experienced public international law practitioner Dr Maria Fogdestam Agius.
Hans has worked as an associate since 2009 and was part of the IP group at Westerberg & Partners from the firm’s start on 1 January 2019. He has represented clients before Swedish courts as well as the Court of Justice of the European Union and has gained extensive experience from local as well as cross-border litigation. Hans advises across the full spectrum of IP rights, with a focus on copyright, trademark law, trade secrets, marketing law and parallel trade
strategies. He speaks regularly on a wide variety of IP topics and contributes to several IP blogs.
Maria will join the Dispute Resolution team and focus on dispute involving states and state entities, covering cases relating to foreign investment, sovereign and diplomatic immunity, and human rights. Maria’s experience includes representation of corporate as well as sovereign clients in international arbitration and litigation, including before the International Court of Justice.
Malcolm Wiberg, Managing Partner of Westerberg & Partners, commented:
“Hans has proven himself to be an excellent IP litigator and adviser, being able to provide a first-class and highly valued service for our clients. Hans will be a great asset to the partnership.”
“We’re thrilled to be joined by Maria who adds experience to our growing international arbitration practice.”
“Promoting new talent to the partnership is excellent news for the firm. This is, of course, a tribute to Hans’ and Maria’s outstanding qualities, but also to this firm’s unique strength as a specialist IP and dispute boutique.”
Hans Eriksson says: “I am proud to join the Westerberg partnership alongside colleagues I have worked with since the start of my career. I cherish the opportunity to continue working with the best IP team in Sweden and look forward to contributing to the continued success of the firm.”
Maria Fogdestam Agius says: “Westerberg & Partners has quickly established itself as a prominent firm for international dispute resolution and I am thrilled to join its ranks. It is increasingly important that states and companies consider public international law in their international operations. It will be exciting to take part in growing the capability of the Westerberg team in this respect.”
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Satellite broadcasts from Qatar found not to enjoy copyright protection in Sweden
Felicia Taubert and Stefan Widmark have authored an article on satellite broadcasts and copyright protection under the Copyright Act.
The article was published by Lexology and International Law Office in their newsletter on intellectual property and may be read through the following link to Lexology or PDF.
Medical Products Agency assigned to draft new model for substance-based prescription
Jonas Löfgren and Simon Fredriksson comment on the government’s recent assignment to the Medical Products Agency to review the possibility of using substance names in order to accommodate a potential future of generic prescriptions of medicinal products.
The article was published by International Law Office / Lexology in their latest newsletter for Healthcare & Life Sciences and may be read through the following link to Lexology or PDF.
Employed inventor’s right to remuneration
Wendela Hårdemark comments on a case in which the Patent and Market Court of Appeal has awarded an employed inventor fair compensation for the transfer of the patent to the employer. The Patent and Market Court of Appeal has allowed leave to appeal, and we may see long-waited guidance from the Swedish Supreme Court regarding how fair compensation to an employed inventor shall be determined.
The article was published by International Law Office / Lexology in their latest IP newsletter and may be read through the following link to Lexology or PDF.
Murder mystery copyright infringement
Westerberg & Partners’ Hans Eriksson and Filip Jerneke comment on a case where the PMCA found that the use of the claimant’s book manuscripts, without his consent, constituted copyright infringement.
The article was first published by International Law Office / Lexology and later by The Licensing Journal and may be read through the following link to Lexology or The Licensing Journal.
Who gets to be a member of a collective management organisation for copyright?
Collective management of copyright is growing in importance within many creative sectors in Sweden and internationally. Westerberg & Partners’ Filip Jerneke and Hans Eriksson write about a curious recent case from the Patent and Market Court of Appeal regarding the lucrative membership in such an organization.
The article was recently published by International Law Office / Lexology and may be read through the following link to Lexology or PDF.
Court provides guidance on balancing interests of database owners and content aggregators
The burgeoning business of online content aggregation often runs into IP-related problems when makers of databases want to protect their own investment against the content aggregator’s perceived free-riding. However, balancing the interests of database owners and content aggregators can be difficult for the national courts, as exemplified by this decision from Patent and Market Court, as Westerberg & Partners’ Hans Eriksson reports.
The article was recently published by International Law Office / Lexology and may be read through the following link to Lexology or PDF.
Patent and Market Court of Appeal clarifies concept of “product” under EU SPC Regulation
Westerberg & Partners’ Wendela Hårdemark comments on a case regarding supplementary protection where the Patent and Market Court of Appeal clarifies the concept “product” under the EU SPC Regulation.
The article was recently published by International Law Office / Lexology and may be read through the following link to Lexology or PDF.
Copyright contracts in public procurement
A decision by the PMCA which highlights the importance of limiting the scope of copyright licences is commented on by Westerberg & Partners’ Hans Eriksson and Felicia Taubert in an article published by International Law Office / Lexology.
The article may be read through the following links: Lexology or PDF
Things to consider when bringing trade secret misappropriation cases against both former employees and their new companies
A recent decision from the Swedish Labour Court exemplifies how trade secret misappropriation litigation in Sweden often gets tangled up with labour law and collective bargaining agreements. Westerberg & Partners’ Hans Eriksson untangles the complexities in a new case note published by International Law Office / Lexology in their latest newsletter on intellectual property.
The article may be read through the following links: Lexology or PDF
Swedish Supreme Court clarifies scope of framework agreement’s arbitration clause and binding effect of arbitration agreement published on website
A recent judgment by the Swedish Supreme Court clarifies the scope of a framework agreement’s arbitration clause and binding effect of arbitration agreements published on websites. Westerberg & Partners’ Ginta Ahrel and Mathilda Wahlgren report on the case in an article published by Practical Law Arbitration (Thomson Reuters).
Court rules on presumption of patent validity and product’s “embodiment” of patent
Westerberg & Partners’ Ludvig Holm and Simon Fredriksson comment on a case in which the PMCA upheld a patents presumption of validity when uncertainty persisted regarding the comparable product’s general availability on the market at the day of application.
The article was published in a recent International Law Office / Lexology issue on intellectual property and may be read through the following link to Lexology or PDF.
Jaguar replica sportscar does not constitute copyright infringement
Westerberg & Partners’ Felicia Taubert and Hans Eriksson comment on a case in which the PMCA has found a car replica to not constitute copyright infringement on unusual grounds.
The article was published in an International Law Office / Lexology issue on intellectual property and may be read through the following link to Lexology or directly to the article.
Court reinforces presumption of validity in preliminary proceedings
Westerberg & Partners’ Ludvig Holm and Måns Ullman comment on a decision by the PMCA where the presumption of validity of granted patents in preliminary proceedings is reinforced.
The article was published in the latest International Law Office / Lexology issue on intellectual property and may be read through the following links to Lexology or the article : Link
Arbitral claims not tried on the merits do not interrupt a specifically prescribed limitation period (Skåne and Blekinge Court of Appeal)
Westerberg & Partners’ Ginta Ahrel and Victoria Ribbnäs report on a recent ruling by a Swedish Court of Appeal, which serves as an important reminder that arbitral claims not tried on the merits do not interrupt a specifically prescribed limitation period.
The article was published by Practical Law Arbitration (Thomson Reuters), and may be read through the following : Link
Social media posts as evidence of disclosure to public
In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Annalena Nordin and Simon Fredriksson comment on a decision by the Third Board of Appeal (BoA) of the EU Intellectual Property Office (EUIPO( on third-party social media posts constituting early disclosure of a design.
The article may be read through the following: Link
PMCA rules against employee inventors in patent assignment case
In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Wendela Hårdemark comments on a case in which the PMCA rejected two inventors’ claim to transfer a patent to them.
The article may be read through the following link or the below PDF: Link
Wet ink signature required for Swedish arbitral awards (Svea Court of Appeal)
In an article published by Practical Law Arbitration (Thomson Reuters), Westerberg & Partners’ Ginta Ahrel and Mathilda Wahlgren report on a recent judgment by a Swedish Court of Appeal underlining the importance of wet ink signatures on the arbitral awards.
The article may be read through the following link or the below PDF:
Women and IP: accelerating innovation and creativity in Sweden
On World IP day, Westerberg & Partners’ Wendela Hårdemark reports on problems and progress for women in IP along with fellow experts in the IP field as International Law Office focuses on accelerating innovation and creativity.
Read more here: Link
Swedish Court sets aside arbitration award due to the tribunal exceeding its mandate (Landbyska v The Grand Group)
In an article published by LexisNexis UK, Westerberg & Partners’ Ginta Ahrel and Mathilda Wahlgren discuss the potential implications on an arbitration proceeding of a recent ruling from Svea Court of appeal in which the Court set aside the award due to the tribunal exceeding its mandate.
The article may be read through the following link or the below PDF
PMCA refers question on pan-European infringement jurisdiction to CJEU
In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Björn Rundblom Andersson and Wendela Hårdemark comment on a case in which the PMCA has requested a preliminary ruling from the CJEU on the jurisdiction of Swedish courts to hear infringement cases relating to non-Swedish patents, when the validity thereof is contentious. The answer will be of great significance not only for the current patent litigation landscape but also the unitary patent system.
The article may be read through the links to ILO or the PDF:
GC clarifies what constitutes genuine use in the European Union
In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Helena Wassén Öström and Mirja Johansson comment on a judgment from the General Court on the use of an EU trademark in relation to hotel services and in particular the importance of distinguishing between the place of provision of services and the place of use of the trademark.
The article may be read through the following link or the below PDF:
Sweden’s new legislation on non-medicinal tobacco-free nicotine products
In the latest International Law Office / Lexology issue on healthcare & life sciences, Westerberg & Partners’ Jonas Löfgren, Josefine Lindén and Simon Fredriksson comment on The Nicotine Act and discuss the content and ramifications of this relatively new legislation.
The article may be read through the following link or the below PDF:
Interpretation of EU Brussels Ia Regulation for patent applications deposited and patents granted in third countries
In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Ludvig Holm, Björn Rundblom Andersson and Filip Jerneke comment on a judgment from the Patent and Market Court of Appeal regarding the interpretation of the EU Brussels Ia Regulation and an entitlement action regarding patents and patent applications in third countries.
The article may be read through the following link or the below PDF:
Courts must consider third party personal data interests when assessing document production requests (Norra Stockholm Bygg v Nycander)
In an article published by LexisNexis UK, Westerberg & Partners’ Jacob Ericson and Victoria Ribbnäs discuss the potential implications on arbitration proceedings of a recent preliminary ruling from the Court of Justice concerning third party personal data interests in document production.
The article may be read through the following:
Link to PDF
Link (Subscription required)
Highlights from the Nordic Arbitration Day
The recently held Nordic Arbitration Day provided a great opportunity to discuss the current state of play of arbitration in the Nordics. Westerberg & Partners’ Jacob Ericson participated in the discussions on the topic of guerilla tactics in arbitration and has authored an article for LexisNexis UK covering the highlights.
The article may be read through the following links:
Link
Link (subscription required)
PMC provides guidance on copyright to replacement parts of design furniture and repair limitations
In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Stefan Widmark and Petter Larsson discuss a widely debated judgment from the Patent and Market Court regarding copyright protection to a replacement pad to the Jetsson armchair designed by Swedish designer Bruno Mathsson. The case also concerns the outer limits of private use and in essence the right to repair works of applied art.
The article may be read through the following link or the below PDF
Swedish Supreme Court weighs in on SPCs – possible increase in Swedish referrals to CJEU
In a recent International Law Office / Lexology issue on Intellectual property, Westerberg & Partners’ Wendela Hårdemark and Jonas Löfgren foresee an increase in referrals to the CJEU as a result of a ruling from the Swedish Supreme Court.
The article may be read through the following link to International Law Office / Lexology or the below PDF
Comments on the annulment of the PL Holdings award
In the latest International Law Office / Lexology issue on Arbitration & ADR, Westerberg & Partners’ Olof Olsson, Maria Fogdestam Agius and Ginta Ahrel report on the first arbitral award to be annulled by the Swedish Supreme Court under the Swedish Arbitration Act for being contrary to public policy.
The article may be read through the following link to International Law Office / Lexology or the below PDF:
Designer table enjoys protection as work of applied art
In the latest International Law Office / Lexology issue on Intellectual property, Westerberg & Partners’ Josefine Lindén, Filip Jerneke and Hans Eriksson, report on a case concerning infringement of works of applied art in the form of a dining table.
The article may be read through the following link to International Law Office / Lexology or the below PDF
Swedish Patent and Market Court applies new CJEU case law on reboxing medicinal products
Westerberg & Partners’ Hans Eriksson recently reported on a case from the Patent and Market Court through which the Swedish pharma market has received important clarifications on the reboxing of medicinal products.
The article may be read through the following link to International Law Office / Lexology or the below PDF:
Four years since the re-regulation of the Swedish gambling market – trends and outlook
Westerberg & Partners’ Petter Larsson, Hans Eriksson and Stefan Widmark have authored an expert insight published by the International Association of Gaming Advisors (IAGA).
The article may be read through the following link.
Another nail in the CBD coffin in Sweden
In the latest International Law Office / Lexology issue on Healthcare & Life Sciences, Westerberg & Partners’ Måns Ullman reports on the ruling by the Administrative Court of Uppsala to uphold the Swedish Medicinal Products Agency’s decision to prohibit a Dutch company from selling CBD products for oral consumption in Sweden.
Link to Lexology here
Swedish Supreme Court annuls arbitral awards because of their inconsistency with Swedish public policy
Westerberg & Partners’ Olof Olsson, Maria Fogdestam Agius and Ginta Ahrel recently authored an article on the annulment of arbitral awards by the Swedish Supreme Court because of their inconsistency with Swedish public policy as published by Practical Law Arbitration.
Link to article here
Swedish Court of Appeal annuls intra-EU investment arbitration award
Westerberg & Partners reports on the annulment of an intra-EU investment arbitration award in an article authored by Olof Olsson, Maria Fogdestam Agius and Ginta Ahrel recently published by Practical Law Arbitration.
Link to the article here
Gaming Law 2022
Westerberg & Partners is pleased to have contributed to Chambers and Partners’ Global Practice Guide on Gaming Law 2022 with the Swedish section authored by Stefan Widmark, Hans Eriksson, and Petter Larsson.
To quote Chambers and Partners, the guide “provides the latest legal information on land-based and online gambling; B2C and B2B licences; application requirements; affiliates; white labels; responsible gambling; AML legislation; restrictions on advertising; acquisitions and changes of control; trends in social gaming, esports, fantasy sports and blockchain; and taxation.”
The chapter on developments in Sweden may be read here
The Gaming Law Guide featuring all 32 jurisdictions is available here
A structured analysis of the implementation of Articles 18–23 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market into Swedish law
Wendela Hårdemark (Westerberg & Partners) and Silvia A Carretta (Uppsala University) have co-authored the article “A structured analysis of the implementation of Articles 18–23 of the Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market into Swedish law” recently published by The Journal of Intellectual Property Law & Practice.
The article may be accessed through the following link
Infringement of radio and television companies’ signal rights in Sweden
The hijacking and illegal rebroadcast over the internet of radio and television companies’ broadcasting signals infringing television companies’ exclusive rights is the topic when Westerberg & Partners’ Hans Eriksson and Oliver Edstrand report on a recent case from the Patent and Market Court of Appeal in International Law Office / Lexology.
The article may be read through the following link.
Patent litigation in Sweden
Björn Rundblom Andersson and Petter Larsson have contributed to the 6th edition of The Patent Litigation Law Review reporting on developments in patent litigation in Sweden.
The chapter may be read through the following link: Link to PDF
For the entire Patent Litigation Review: Link
PMCA provides guidance on calculating level of de minimis compensation
In the latest International Law Office / Lexology issue on Intellectual Property, Westerberg & Partners’ Maria Bruder and Petter Larsson report on a recent case the where the PMCA provided guidance on how to calculate de minimis compensation in absence of evidence of a licence market for the IP right in suit.
Swedish court confirms that oral hearings may be conducted virtually
In a recent International Law Office / Lexology issue on Arbitration & ADR, Westerberg & Partners’ Jesper Tiberg and Olof Olsson reported on a judgment concerning virtual hearings rendered by the Swedish Svea Court of Appeal.
Museum commits copyright infringement – how much compensation must be paid?
Reasonable compensation for copyright infringement in the unusual context of a museum’s infringement is the topic of the day when Westerberg & Partners’ Filip Jerneke and Hans Eriksson report on a recent case from the Patent and Market Court of Appeal in International Law Office / Lexology,
Questions remain about protection of works of applied art post-Cofemel
In the latest International Law Office / Lexology issue, Westerberg & Partners’ Josefine Lindén and Hans Eriksson reported on a recent case from the Patent and Market Court of Appeal in which the narrow scope of protection for works of applied art were front and centre in a copyright infringement battle between two chairs.
The International Arbitration Review: Sweden
Westerberg & Partners’ Maria Fogdestam Agius has published a chapter in the International Arbitration Review, reporting on developments of international arbitration in Sweden.
Court rules on admissibility of infringement proceedings against patent that has not yet been granted
In the latest International Law Office / Lexology issue, Westerberg & Partners’ Björn Rundblom Andersson has reported on a Swedish ruling examining the admissibility of infringement proceedings before patent grant.
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.
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:
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:
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:
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.
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).
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.
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.
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.
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.
The Patent Litigation Law Review: Sweden
Björn Rundblom Andersson and Petter Larsson have contributed to the 5th edition of The Patent Litigation Law 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.
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.
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.
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.
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.
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.
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.
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.”
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).
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.
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.
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.
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
Dynamic blocking injunction against ISPs
Josefine Lindén and Stefan Widmark in International Law Office on the first Swedish precedent on dynamic blocking injunctions.
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.
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”.
News
Westerberg & Partners announces further expansion
Westerberg & Partners is delighted to announce the addition of Natalia Petrik to the team in 2024.
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Investment Treaty Arbitration 2023
Maria Fogdestam Agius has contributed to the GAR Know-how compilation on Investment Treaty Arbitration through a detailed survey of Sweden’s investment treaties.
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The Global IP Awards
Westerberg & Partners is proud to once again have been named winner of the Trademark Litigation Firm of the Year for Sweden at this year’s Global IP Awards which was held in London on 19 October.
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The Rising Stars in IP
Westerberg & Partners is proud to announce that Siri Alvsing, Petter Larsson, and Annalena Nordin have once again been ranked Rising Stars as the IP STARS (Managing IP)
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Leading Public International Law Dispute Resolution Adviser of the Year
Westerberg & Partners is proud to announce that Maria Fogdestam Agius has been named Leading Public International Law Dispute Resolution Adviser of the Year in Sweden.
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View From the Top
Jonas Westerberg was recently interviewed by Top Ranked Legal about the Swedish IP market.
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Westerberg & Partners hires new associate
We are delighted to welcome new associate Angelica Kaijser to the team!
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Westerberg & Partners in the news
Stefan Bessman is interviewed about the recent judgment from the Swedish Supreme Court concerning insurance coverage for pandemic-related business interruption caused by government restrictions.
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Westerberg & Partners tier 1
Westerberg & Partners is pleased to announce that the firm secures tier 1 in Managing IP’s IP Stars rankings of the areas patent disputes, trade mark disputes, and trade mark prosecution (law firms) 2023. Patent stars Jonas Westerberg and Ludvig Holm are celebrated along with Trade mark stars Henrik Wistam and Helena Wassén Öström as […]
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Westerberg & Partners in the news
Stefan Bessman comments on a recent judgment from the Swedish Supreme Court concerning insurance coverage for pandemic-related business interruption caused by government restrictions, as reported by the Swedish newsletter Sak & Liv. Stefan Bessman and Victoria Ribbnäs acted for the insurer in the Supreme Court.
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Westerberg & Partners is proud to be ranked for the fourth consecutive year in litigation and transactions in the IAM Patent 1000
The guide to “world-class legal patent expertise” top ranks “renowned patent litigator” Jonas Westerberg in band gold, “pragmatic and dedicated practitioner” Ludvig Holm in band silver and “patent litigation star” Björn Rundblom Andersson together with the “smart and well-equipped” Wendela Hårdemark in band bronze. Jonas Löfgren is recommended as an “excellent choice for transactional work […]
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Westerberg & Partners Wins Trademark Disputes Firm of the Year in Sweden at Managing IP Awards
Westerberg & Partners is most pleased to announce that our firm was presented as winner of the award Trademark Disputes Firm of the Year in Sweden during Managing IP’s annual awards ceremony in London on 21 June. Nominations for Westerberg & Partners also included Swedish Firm of the Year in the categories Patent Disputes, Trademark […]
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Westerberg & Partners is honored and delighted to announce that the firm has been shortlisted by Managing IP
Westerberg & Partners is honored and delighted to announce that the firm has been shortlisted by Managing IP as Swedish Firm of the Year in the four categories Patent Disputes, Trademark Disputes, Trademark Prosecution (Law firms) and Copyright & Design and that Stefan Widmark has been nominated for Practitioner of the Year. We look […]
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“Westerberg & Partners ‘excels in specialist advice …”
New rankings released by The Legal 500 (Legalease) confirm Westerberg & Partners’ position in the top league as our intellectual property and media as well as insurance teams are placed in tier 1. “Dedicated boutique firm on all things IP. Significant pedigree in the partner ranks recruited from other firms specialising in IP and patents. Market disruptor.” Also highly […]
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Praise for Westerberg in Chambers Global 2023
Chambers and Partners ranks Westerberg & Partners in Intellectual Property, Dispute Resolution and International & Cross-Border Capabilities in their global guide 2023 with sources asserting “Westerberg & Partners is very strategic, gets the big picture and provides accurate advice with a flexible and good business approach.” The lawyer rankings recognise an impressive seven of our dispute resolution and intellectual […]
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WTR identifies top trademark professionals
Westerberg & Partners has yet again been identified as leading in trademarks by the World Trademark Review in the latest WTR 1000 rankings. The firm is well established in band gold for enforcement and litigation as well as in band silver for prosecution and strategy with “a laser-focus on protecting and enforcing brand owner’s rights”.
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Nordic Arbitration Day 2023
Westerberg & Partners participated in the discussions during the conference arranged by Young Arbitration Practitioners Norway, Young Arbitration Club Finland (YACF), Young Arbitrators Copenhagen and Young Arbitrators Sweden (YAS) with about 200 participants attending from all over the Nordic region on topics related to dispute resolution and arbitration. Conversations were held regarding guerilla tactics in […]
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Westerberg & Partners welcomes two new co-workers to the team.
Westerberg & Partners is pleased to announce the addition to the team of associate Simon Fredriksson and receptionist Elin Karlsson.
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Westerberg & Partners’ Jonas Westerberg has been identified as an IAM Global Leader 2023.
IAM recently listed patent experts in the gold tier who they believe “merit special attention – not only because of their expertise and experience related to creating, protecting, managing, transacting and enforcing critical patent rights, but also for their ability to innovate, inspire and go above and beyond to deliver value for their clients”. Congratulations to Jonas […]
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Westerberg & Partners’ Henrik Wistam and Helena Wassén Öström have once again been identified as Global Leaders in private practice by World Trademark Review.
The fourth edition of WTR Global Leaders lists “the best of the best in trademark practice”. We congratulate Helena, Henrik and all Global Leaders in both private practice and corporate trademark! For more information: Click here
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Westerberg & Partners boosts the team with three new associates securing our position as one of the largest specialist IP and dispute resolution law firms in the Nordics.
The addition of Mathilda Wahlgren, Ulrika Norlin and Victoria Ribbnäs follows that of several previous hires reflecting Westerberg & Partners’ true commitment to cultivate its team of top-notch legal talent.
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Siri Alvsing, Petter Larsson and Annalena Nordin have been named Rising Stars by IP Stars
Congratulations to Siri Alvsing, Petter Larsson and Annalena Nordin who have been named Rising Stars by IP STARS (Managing IP) in this year’s list of the best up-and-coming IP practitioners in private practice world-wide.
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Jacob Ericson has been selected as one of 111 professionals with the highest potential in Sweden
Westerberg & Partners is pleased to announce that Jacob Ericson has been selected as one of 111 professionals under 35 with the highest potential in Sweden.
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Westerberg & Partners welcomes two new associates
Westerberg & Partners expands our IP specialist team with two new associates, Felicia Taubert and Filip Jerneke.
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Westerberg in the news
Stefan Bessman comments on the recent criticism concerning bankruptcy trustees having initiated costly and futile court and arbitral proceedings.
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Westerberg & Partners welcomes additions to our paralegal team and office support
Westerberg & Partners is happy to announce the hire of Kerstin Lagercrantz to our IP paralegal team, following that of assistants Eva Jehrin and Niklas Lindh to our office support.
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IP STARS – Westerberg & Partners ranked in tier 1
Westerberg & Partners has been ranked in tier 1 in the four areas patent contentious, copyright & related rights, trademark contentious, and trademark prosecution (law firms) by Managing IP’s IP STARS this year identifying Jonas Westerberg as Patent star, Henrik Wistam and Helena Wassén Öström as Trade mark stars and Stefan Widmark as both Trade mark star and Copyright star.
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Westerberg & Partners is pleased to announce that the firm has secured its rankings in litigation and transactions in The Patent 1000.
Clients and colleagues compliment Jonas Westerberg for being a “tremendous litigator with profound legal knowledge”, whereas Ludvig Holm is commended as someone who “showcases the highest level of commitment to his clientele and ensures that all his advice aligns with their wider commercial objectives”.
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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 practice
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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