SWEDEN Law and Practice Contributed by: Helena Rönqvist, Magnus Jonson, Vilma Slättegård and Anna Karlsson, Magnusson Law
sion, including the risk that the use of the sign may lead to the perception that there is a connection between the user of the sign and the proprietor of the trade mark; or • identical to or similar to a trade mark which is well known in this country among a significant sec- tion of the relevant public, if the use, without due cause, takes unfair advantage of or is detrimental to the distinctive character or reputation of the trade mark, regardless of whether the use relates to goods or services of the same, similar or differ- ent kind. Infringement of intellectual property rights may be addressed through civil court proceedings. In addi- tion, opposition and administrative invalidity proceed- ings may be brought against registered rights. Alterna- tive dispute resolution mechanisms are available only where both parties agree to participate. As a general estimate, civil proceedings concerning intellectual property infringement take approximate- ly 12 months from the filing of the application for a summons until a first-instance decision is rendered by the Patent and Market Court. A decision may be appealed to the Patent and Market Court of Appeal, where the appellate proceedings, subject to leave to appeal being granted, typically require around one additional year. Dilution Swedish law provides for protection against dilution of a trade mark, although there is no specific legal defini- tion of dilution in Swedish legislation. The legislation stipulates that confusing similarity may be invoked for the benefit of a reputed trade mark if the use of anoth- er similar mark would take unfair advantage of, or be detrimental to, the distinctive character or reputation of the trade mark. For a use to be considered “detri- mental”, it must involve some form of defamation or dilution of the reputed trade mark. Only trade marks having a reputation in Sweden are afforded protection against dilution. Passing Off Swedish trade mark legislation does not contain a specific provision that directly mirrors the common law tort of passing off as it exists in, for example,
English law. However, Swedish law achieves largely similar protective outcomes through a combination of statutory provisions. The Swedish Trade Marks Act provides protection against the use of identical or similar signs where there is a likelihood of confusion, including the risk that the public may perceive a connection between the user of the sign and the proprietor of the trade mark. This captures much of the same conduct that passing off is designed to address, namely the mis- representation that goods or services originate from, or are connected with, a particular trader. The Marketing Practices Act provides an additional layer of protection and is particularly relevant in “pass- ing off-type” situations. It prohibits: • misleading marketing practices, including false or deceptive representations as to the commercial origin of goods or services; and • imitation of another trader’s products, packaging, or other distinctive features where such imitation is liable to mislead consumers as to the commercial origin of the goods or services. This provision is broadly equivalent to the misrepre- sentation element of passing off. Court Proceedings All disputes and proceedings pertaining to intellectual property, competition and marketing law are heard by the Patent and Market Court as the court of first instance. Judgments of the Patent and Market Court may be appealed to the Patent and Market Court of Appeal, subject to leave to appeal being granted. As a general rule, decisions rendered by the Patent and Market Court of Appeal are final and not subject to fur- ther appeal. In exceptional circumstances, however, the Patent and Market Court of Appeal may permit an appeal to the Supreme Court, in which case the Supreme Court must also grant leave to appeal. Civil and Criminal Remedies Where a trade mark infringement is established, the available remedies include damages, injunctive relief (both interim and permanent, subject to a penalty of
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