FINLAND Law and Practice Contributed by: Rainer Hilli, Mikael Segercrantz, Johanna Lilja and Johanna Flythström, Roschier
initiating a revocation action, the PRO should be informed. 2.6 Legal Representation The parties need to be informed by a lawyer who has the right to represent a party before a Finnish court. In practice, that means a member of the Finnish Bar or a person authorised by the Finnish Bar. Members of the Finnish Bar are also eligible to represent a party before the UPC. 2.7 Interim Injunctions Interim injunctions are available and may be granted in situations where the infringement is likely and imminent, and where the obtaining of an injunction is urgent. If there is extreme urgen- cy, ex parte interim injunctions are also available. 2.8 Protection for Potential Opponents The Market Court does not accept protective briefs. 2.9 Special Limitation Provisions Injunctive relief can be obtained as long as the patent or utility model is in force. Damages can be claimed for five years prior to the date when the damages action was initiated. 2.10 Mechanisms to Obtain Evidence and Information Prior to infringement proceedings, it is possible to apply for seizure of evidence provided there is a risk that the evidence will be destroyed. The disclosure of seized evidence is subject to a separate decision, and if the seized evidence contains trade secrets, such evidence might not be disclosed to the applicant. It is also possible to request disclosure of evi- dence in main infringement and damages pro- ceedings. In such proceedings, the request may
be denied by the court if the evidence contains trade secrets. 2.11 Initial Pleading Standards The application for summons (initial written pleading) should be substantive, and the claim- ant should support the argumentation with documentary evidence and potential expert opinions. The same applies to the first respon- sive brief from the defendant. There is usually a second round of written pleadings so the par- ties may complement their claims with additional evidence and supportive arguments. 2.12 Representative or Collective Action Class actions in IP matters have not occurred. Class actions can only be initiated by the con- sumer ombudsman, meaning that there should be a consumer interest involved for a class action. 2.13 Restrictions on Assertion of an Intellectual Property Right The patent or utility rights should not be abused or misused, and such abuse could be subject to anti-competition actions. 3. Infringement 3.1 Necessary Parties to an Action for Infringement The patent-holder or a licensee can initiate an action for infringement. It is not possible for a third party to file an action for infringement. 3.2 Direct and Indirect Infringement The infringement can be either direct or indirect. Even if the patent is not infringed directly through the use of the patented invention, infringement can also be determined if the essential parts of the invention are used in Finland.
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