SWEDEN Law and Practice Contributed by: Håkan Borgenhäll, Malin Malm Waerme, Åsa Hellstadius and Arvid Axelryd, Advokatfirman Vinge KB
2.13 Restrictions on Assertion of an Intellectual Property Right The patentee is restricted from asserting their right against others in breach of Swedish compe- tition law (eg, anti-competitive agreements and abuse of dominant position). Anti-competitive agreements are invalid and cannot be enforced. 3. Infringement 3.1 Necessary Parties to an Action for Infringement The patentee or a licensee (exclusive or non- exclusive) may bring an infringement action. It is not possible for third parties such as dis- tributors or sales agencies to initiate an action for infringement. Both legal entities and/or their representing indi- viduals can be sued for patent infringement. 3.2 Direct and Indirect Infringement Direct Infringement Statutory law provides that any of the following actions constitutes direct infringement: • manufacturing, offering, placing on the market or using a product protected by the patent, or importing or possessing such a product for any of these purposes; • using a process that is protected by the pat- ent or knowing – or where it is clear from the circumstances – that the process cannot be used without the consent of the holder of the patent, and offering the process for use in Sweden; and • offering, placing on the market, or using a product prepared by a process protected by the patent, or importing or possessing the product for any of these purposes.
A request for an infringement investigation can be made during infringement proceedings or prior to the initiation of such proceedings. The applicant must, however, initiate main proceed- ings within one month from the finalising of the investigation if a request is made separately. 2.11 Initial Pleading Standards General Pleading Standards The initial pleading standard is determined by the general provisions in the Code of Judicial Procedure (1942:740). The summons application must include: • detailed contact information for the claimant and defendant; • a precise request for relief; • a detailed description of the circumstances relied upon; and • an interim statement of evidence, includ- ing the evidentiary theme for each piece of evidence. Patent Litigation Pleading Standards In a general sense, the procedural rules are the same as in other civil law matters. In practice, the summons application in main proceedings is normally quite extensive. The summons application shall include a preliminary schedule of evidence. However, it is possible to elaborate an argument and invoke new or dif- ferent evidence during the entire preparatory stage. Negligence on one party’s side (ie, sub- mitting new arguments and evidence late in the proceedings) may, however, be reflected in their liability to pay the opposing party’s legal costs. 2.12 Representative or Collective Action The Swedish legal system does not permit rep- resentative or collective actions in patent cases.
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