FINLAND Law and Practice Contributed by: Rainer Hilli, Mikael Segercrantz, Johanna Lilja and Johanna Flythström, Roschier
7. Appeal 7.1 Special Provisions for Intellectual Property Proceedings There are special provisions regarding the appellate procedure in IP rights proceedings – in such proceedings, appeals from the first- instance court, the Market Court, go directly to the Supreme Court and are subject to the per- mission granted by the Supreme Court. 7.2 Type of Review The Supreme Court’s review is limited to a legal review. 8. Costs 8.1 Costs Before Filing a Lawsuit There are no direct costs before filing a lawsuit. 8.2 Calculation of Court Fees For national proceedings before the Market Court, there is a flat fee of EUR4,000 per case. 8.3 Responsibility for Paying the Costs of Litigation The claimant must pay the court fee when ini- tiating the court proceedings. The losing party is required to compensate the winning party for its legal costs, including attorney’s fees, expert/ witness costs, etc. The court may adjust such costs depending on various aspects, such as whether all claims have been won or just parts of them, and the amount of legal costs may also be challenged by the opposing party.
9. Alternative Dispute Resolution 9.1 Type of Actions for Intellectual Property Alternative dispute resolution is not common, but mediation proceedings and arbitration pro- ceedings related to IP rights do occur. 10. Assignment and Licensing 10.1 Requirements or Restrictions for Assignment of Intellectual Property Rights There are no formal rights, but it is recommend- able to register an assignment with the PRO; for such registration, the assignment needs to be in writing. 10.2 Procedure for Assigning an Intellectual Property Right See 10.1 Requirements or Restrictions for Assignment of Intellectual Property Rights . 10.3 Requirements or Restrictions to License an Intellectual Property Right There are no formal requirements for licensing IP rights, but it is recommendable to register a licence with the PRO; for such registration, the licence needs to be in writing. 10.4 Procedure for Licensing an Intellectual Property Right See 10.3 Requirements or Restrictions to License an Intellectual Property Right .
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