SWEDEN Law and Practice Contributed by: Håkan Borgenhäll, Malin Malm Waerme, Åsa Hellstadius and Arvid Axelryd, Advokatfirman Vinge KB
• lost profits; • profits realised by the party committing the infringement; • damage to the reputation of the invention; • non-pecuniary loss; and • the patentee’s interest in preventing infringe- ment from taking place. Punitive and provisional damages are not avail- able under Swedish law. Other Remedies The patentee may also request an alleged infring- er to provide, under penalty of a fine, information regarding the origin and distribution network for the goods and services to which the infringe- ment pertains and/or an infringement investiga- tion (see 2.10 Mechanisms to Obtain Evidence and Information ). The court may also, at the request of the paten- tee, order that goods that infringe an exclusive right to a patent must be withdrawn from the market, destroyed, modified, etc, and that an infringer bear the costs pertaining to the paten- tee’s publication and spreading of information regarding the judgment on patent infringement. The court has no discretion regarding the choice of remedies stated above. Enforcement of the Remedies Available If an infringing party does not comply with an award granted by the court, the patent holder may file a request with the Swedish Enforcement Authority to enforce the remedies awarded. Regarding injunctions subject to the penalty of a fine, if an infringer is non-compliant in regard to such injunction, the patent holder must bring an action to the court to enforce the injunction. If the injunction is found to have been breached,
the court will order the infringer to pay the fine set out in the injunction to the Swedish state. 6.2 Rights of Prevailing Defendants Generally, the prevailing party has the right to be reimbursed by the losing party for reasonable litigation costs and lawyers’ fees. However, this may vary, depending on whether the prevailing party has succeeded with all claims tried by the court. 6.3 Types of Remedies The types of remedies for technical intellectual property rights do not differ from one another. 6.4 Injunctions Pending Appeal A request for an injunction will normally be grant- ed if the claimant has proven patent infringement. Where the defendant appeals the judgment of the first instance court, in most cases effects pertaining to such a granted injunction will be suspended until the case is conclusively adjudi- cated. However, the court may, upon request of the patentee, order that an injunction shall enter into force instantly and last until the decision has become legally binding or the court decides oth- erwise. If the defendant appeals the decision to the appeal court, the defendant may request an inhibition of the injunction until the appeal court has assessed the case in its entirety. 7. Appeal 7.1 Special Provisions for Intellectual Property Proceedings The appellate procedure is, in principle, the same as in proceedings not related to intellec- tual property rights. However, the Patents Act and the Patent and Market Courts Act include special provisions regarding the appellate pro-
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