SWEDEN Law and Practice Contributed by: Helena Rönqvist, Magnus Jonson, Vilma Slättegård and Anna Karlsson, Magnusson Law
Interim Measures and Alternative Dispute Resolution
ever, apply where the claimant has a connection to the EEA or where an applicable international convention provides otherwise. 2. Trade Marks 2.1 Legal Framework and Protectable Signs Trade marks may take a wide range of forms, including words, figurative elements, letters, numbers, logos, personal names, slogans, holograms, three-dimen- sional shapes, ornamental features and sounds. Non- traditional marks, such as scents and colours, may also be eligible for protection. Trade mark protection may also be obtained with- out registration, provided that the mark has become established through use, ie, that it is recognised by a substantial proportion of the relevant public as iden- tifying the goods or services in question. 2.2 Requirements for Trade Mark Protection A trade mark must be capable of distinguishing the goods or services of one undertaking from those of other undertakings. Furthermore, the mark must not lack distinctive character, nor may it consist exclu- sively of signs or indications that serve to designate the kind, quality, quantity or other characteristics of the goods or services in question. A mark that does not inherently possess distinctive character may nev- ertheless acquire it as a result of the use made of it. 2.3 Trade Mark Registration System Trade Mark Protection Trade mark protection in Sweden may be obtained by filing a national trade mark application, an EU trade mark application, or through the international registration system administered by the World Intel- lectual Property Organization (WIPO). Any natural or legal person may apply for a Swedish trade mark by submitting an application to the Swedish Intellectual Property Office, specifying the goods and services for which protection is sought. Where the application does not satisfy the requirements for registration, the applicant will be issued a communication with an opportunity to rectify the deficiencies.
A holder of registered intellectual property rights may file an “application for action” with the Swedish Cus- toms, requesting that suspected infringing goods being imported, exported, or in transit through Swe- den be detained. The Swedish Customs may also act on its own initiative to intercept suspected infringing goods. Where court proceedings have been commenced, the parties may elect to settle the dispute, either indepen- dently or with the assistance of the court. If the parties wish to keep the terms of the settlement confidential, they may withdraw the case and enter into a private settlement agreement. Alternatively, the settlement may be incorporated into a court judgment, in which case it becomes a matter of public record. Given the costs associated with litigation, parties may also seek to resolve the matter by reaching an agree- ment with the infringer prior to initiating formal legal proceedings. Remedies and Costs Where an infringement of an intellectual property right is established, the available remedies include dam- ages, prohibition, information injunctions and security measures such as seizure and forfeiture of the infring- ing property. The exact available remedies follow from the relevant intellectual property legislation. Issuing interim and final prohibitions (under penalty of fine) is considered one of the most important remedies against infringement. The general rule under Swedish law is that costs fol- low the event, meaning that the prevailing party is entitled to recover its reasonable legal fees and costs from the unsuccessful party. The court may, however, reduce the amount awarded if it considers the claimed costs to be disproportionate, taking into account fac- tors such as the complexity, duration, and value of the dispute. As a result, a party may not be fully com- pensated for its legal costs even where it obtains a favourable outcome. A respondent may request that a foreign claimant pro- vide security for legal costs. This right does not, how-
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