SWEDEN Law and Practice Contributed by: Helena Rönqvist, Magnus Jonson, Vilma Slättegård and Anna Karlsson, Magnusson Law
• reproduction of copies within public authorities and businesses; • reproduction of copies for educational purposes; • archiving and preservation by libraries and archives; • broadcasting; and • retransmission of broadcasting. Tariffs for extended collective licences are not regu- lated. The Act on Collective Management of Copyright provides that tariffs should be reasonable. Disputes over royalties and tariffs can be settled in the Patent and Market Court as the court of first instance, with appeals directed to the Patent and Market Court of Appeal. There is also a possibility for the parties to request vol- untary mediation under the Act on Mediation in Cer- tain Copyright Disputes in certain types of disputes, including, among others, tariffs for extended collective licences. 4. Industrial Designs and Trade Dress 4.1 Legal Framework and Protectable Subject Matter Industrial designs are regulated at both EU level and national level. The two legal frameworks do not differ materially but provide the option of obtaining either EU-wide or national protection. A design right protects the appearance of the whole or a part of a design, as resulting from the features of the design itself, in particular its lines, shape, contours, colours, texture and materials. Protection may extend to a wide range of designs and products, from furni- ture and clothing to product packaging and graphical interfaces, such as the shape of a chair or the design of a bottle. Where a product consists of multiple components, protection may also be obtained for the appearance of individual components. Trade dress does not constitute a separate category of intellectual property under Swedish law but may be
protected through other forms of intellectual property, such as a design right or a trade mark, depending on the circumstances. 4.2 Requirements for Protection A design may be registered if it is new and possess- es individual character. Registration may cover the appearance of a product in its entirety or a part thereof and may relate to both three-dimensional and two- dimensional designs. Registration is excluded for: (i) features of a product which are solely dictated by their technical function, or which serve to interconnect with another part to perform a function; (ii) designs that conflict with public policy; or (iii) computer programs. A limited form of design protection within the EU may be obtained without registration, simply by making the design available to the public. Such unregistered protection has a duration of three years. An applica- tion for registration may be filed within one year from the date on which the design was first made public. 4.3 Registration and Term The designer or any other person or entity entitled to the design may apply for registration of a design in Sweden. The application is submitted to the Swedish Intellectual Property Office and must include images that clearly depict the design. The Swedish Intellectual Property Office does not carry out any examination as to whether the design satisfies the requirements of novelty and individual character. It is incumbent upon the applicant to ascertain whether the appearance of the design differs from previously known or registered designs. The typical processing time for a Swedish design reg- istration is approximately three to four weeks, provid- ed that the application is complete and all necessary documentation has been submitted. Once registration has been granted, third parties may file an opposition within two months from the date of registration. Where an application for registration of a design is refused, the applicant may appeal the decision. The appeal is to be directed to the Patent and Market Court and submitted to the authority that issued the decision. If the renewal fee for design rights is not paid, the registration will lapse, subject to a grace
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