STOCKHOLM REGIONAL DIVISION Law and Practice Contributed by: Peter Kenamets, Fredrik Lüning and Linnéa Hedström, Lind Edlund Kenamets Intellectual Property AB
The Swedish national patent litigation system already provides for the possibility of expert wit - ness hearings, which means that the Swedish presiding judge of the NBRD brought with them practical experience in dealing with live expert testimony. Another clear advantage lies in the language of proceedings, which is English only before the NBRD. This ensures that a party wishing to liti - gate in English does not need to be concerned about the risk of proceedings being conducted in, for example, German or another language. Further, and more generally speaking, parties and legal representatives originating from a legal tradition other than the Continental European – such as the Anglo-American common law tra - dition – may be expected to feel more at ease before the NBRD of the Unified Patent Court. This division is seated in Sweden, its presiding judge is Swedish, and all hearings conducted thus far have taken place in Stockholm. Sweden belongs to the Nordic legal tradition, which, while formally part of the broader civil law family, exhibits a number of distinctive fea - tures. It combines a strong legislative tradition with a pragmatic and less dogmatic approach to legal interpretation. Case law plays a significant role, and oral pleadings are given much more prominence than in many Continental systems. Oral witness testimony also plays a much more central role. Furthermore, the principle of public access to official documents is deeply embed - ded in Swedish legal culture, reinforcing trans - parency in legal proceedings. A judge’s legal background, professional experi - ence, and general legal outlook inevitably influ - ence not only the interpretation and application of the law, but also the overall conduct of court
proceedings. This becomes particularly relevant in international courts like the UPC, where differ - ent legal cultures converge. The NBRD appears to reflect these Nordic characteristics in prac - tice. For instance, it appears to issue a greater number of procedural orders per case compared to other Divisions. This supports a clearer under - standing of the procedural development in indi - vidual cases. From a psychological standpoint, legal prac - titioners are naturally more comfortable when operating within a system that reflects the val - ues and structures they are familiar with. Factors such as the format of the hearing, the role of oral argument, and the predictability of the proceed - ings can significantly affect how confident and effective a party feels in presenting its case. As such, parties from a common law background may find the environment at the NBRD more intuitive and aligned with their expectations – particularly when compared with Divisions that operate under more traditional Continental Euro - pean procedural norms. In this respect, the NBRD may serve as a kind of middle ground – combining the structure and codification typical of civil law systems with a practical, open and transparent procedural cul - ture. This combination may make it especially accessible and attractive to international liti - gants. 6.2 Future Trends Aside from broader economic and political fac - tors, the authors believe that the most significant trends affecting patent litigation in the UPC and in Europe over the next two years will primarily relate to how users perceive the court’s ability to meet expectations in terms of delivering high- quality decisions within the ambitious timelines it has set for itself. The actual cost levels associat -
135 CHAMBERS.COM
Powered by FlippingBook