SWEDEN Law and Practice Contributed by: Håkan Borgenhäll, Malin Malm Waerme, Åsa Hellstadius and Arvid Axelryd, Advokatfirman Vinge KB
cedure in patent proceedings (see 2.3 Courts With Jurisdiction ). 7.2 Type of Review An appeal implies a full review of the facts of the case. The appellant can, however, limit the scope of review to certain questions. The parties can exchange submissions and, thereafter, an oral hearing takes place. Oral evidence invoked in the first-instance proceedings is, however, normally video-recorded, and the Patent and Market Court of Appeal will review the record- ings instead of having the witnesses testify again. It should also be noted that new facts or evidence are not allowed in the appeal proceed- ings, except under certain circumstances. 8. Costs 8.1 Costs Before Filing a Lawsuit The costs arising before a lawsuit are typically related to: • warning letters; • the gathering of evidence; • research on technical and legal questions; • drafting the summons application; • arranging a bank guarantee when necessary; and • efforts to settle the dispute. 8.2 Calculation of Court Fees Depending on the type of case and the value of the claim, the court fee for commencing pro- ceedings is fixed at either SEK900 or SEK2,800. 8.3 Responsibility for Paying the Costs of Litigation The losing party is required to reimburse the pre- vailing party for their reasonable litigation costs. This applies to lawyers’ fees, court fees, costs
for evidence, etc. The litigation costs can also be divided between the parties if both have pre- vailed in different matters. However, exemptions apply if a party has acted negligently or initiated an unnecessary trial. 9. Alternative Dispute Resolution 9.1 Type of Actions for Intellectual Property Alternative dispute resolution is not normal practice when settling a patent case. Howev- er, licensing agreements and other contractual issues related to patents are often submitted to arbitration. Patent infringement disputes are sometimes submitted to arbitration, but the pos- sibility of obtaining an interim injunction subject to a default fine at the Patent and Market Court is probably the reason this option is not used more often. It is not possible to submit an inva- lidity action with an in rem effect in an arbitra- tion procedure. However, it is possible to submit an inter partes invalidity action in an arbitration procedure. It is also possible to use mediation, although this is rare. 10. Assignment and Licensing 10.1 Requirements or Restrictions for Assignment of Intellectual Property Rights There are no formal requirements or restrictions for assigning a Swedish patent or patent appli- cation. 10.2 Procedure for Assigning an Intellectual Property Right There is no formal procedure for assigning a pat- ent right. The patentee or assignee may request that the assignment is registered in the patent
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