SWEDEN Law and Practice Contributed by: Helena Rönqvist, Magnus Jonson, Vilma Slättegård and Anna Karlsson, Magnusson Law
8.6 Enforcement and Remedies Across Multiple IP Rights Claims based on different IP rights can be brought in the same proceedings. This is not a problem since all IP disputes are settled by the same court, the Patent and Market Court. The court will most likely assess remedies individually for each IP right. In Swedish IP litigation, double recovery is generally not permitted. While IP holders are entitled to full com- pensation for damages, the principles of Swedish tort law and IP-specific regulations ensure that a rights- holder is not put in a better financial position than if the infringement had not occurred. 8.7 International and Cross-Border Considerations Conflicts between national and international IP regimes in Swedish cross-border disputes are man- aged primarily through the principle of territoriality, EU regulations, and specialised courts, ensuring that IP rights are protected within their specific jurisdictions. When cross-border disputes arise, Swedish courts apply private international law to determine jurisdic- tion and applicable law, often relying on applicable frameworks such as the Brussels I bis Regulation. A Swedish court in infringement proceedings where a defendant challenges the validity of an IP right grant- ed in another member state or a third country, must decline jurisdiction to rule on the validity of that IP right. As a general rule, the court will, however, retain jurisdiction to determine the infringement claim.
respect of information that was not disclosed in the patent application or otherwise made publicly avail- able. There is no statutory time limit on trade secret protection under Swedish law; protection subsists for as long as the statutory requirements are met. rights- holders are therefore well advised to carefully consider which information to include in a patent application and to maintain appropriate confidentiality measures in respect of any ancillary know-how. 8.4 Trade Marks, Trade Dress and Industrial Designs Swedish law does not recognise “trade dress” as a distinct legal category of intellectual property rights. However, the visual appearance of a product or its packaging may, depending on the circumstances, be protected under trade mark law, design law and/or copyright law. Swedish law permits cumulative pro- tection under multiple IP regimes where the respec- tive requirements are independently satisfied. For instance, the shape and packaging of a product may be protected as a trade mark and a design right simul- taneously. 8.5 Copyright and Trade Marks Logos, artistic elements, and branding may be pro- tected simultaneously under both copyright and trade mark law, provided that the requirements of each reg- ulation are independently satisfied. A logo or graphic element will qualify for copyright protection where it constitutes an original work, ie, where it reflects the author’s own intellectual creation. The same element may be registered as a trade mark provided it is dis- tinctive and capable of distinguishing the goods or services of one undertaking from those of another. Swedish law does not impose any general prohibition on cumulative protection.
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