IP Litigation & Enforcement Guide

• Published date: 09 July 2021
• Subject Matter: Intellectual Property, Patent, Trademark
• Law Firm: Rouse
• Author: My Mattsson

A brief guide addressing common questions and concerns of the IP litigation and enforcement landscape in Sweden

To download the guide, please click here.

To see other released IP Litigation & Enforcement guides on separate jurisdictions, please click here.

Is your jurisdiction a common law or civil law jurisdiction?

Sweden is a civil law jurisdiction.

What methods are there for enforcing IP rights in your jurisdiction?

PICHUR

What courts have jurisdiction to handle civil IP cases?

Sweden has a specialised IP Court, the Patent and Market Court, which deals with trade mark and patent infringement cases and appeals from the Patent and Registration Office. Other IP matters are dealt with in the general courts.

Is there any bifurcation of proceedings? For example, for determining validity or damages?

In Sweden, infringement and invalidity of a patent are officially handled in separate cases and consequently brought in separate proceedings, but it is the same court that will deal with both infringement and invalidity. Validity and infringement can be decided in the same proceedings, but it can also, at the request of any of the parties, be decided separately (section 61, The Swedish Patent Act). Such separate decisions are however not independent of each other, and it is still the same judges that will deal with both issues, taking into account facts from both proceedings.

What are procedures for civil enforcement?

Civil enforcement of IP rights is usually initiated through cease-and-desist letters. If the alleged infringer does not respond, a party can initiate civil action in the courts by filing a complaint, which must state the claims, legal grounds, and evidence. The Patent and Market Court will hear cases at first instance. This court is highly knowledgeable and specialises in IP and marketing law The defendant will usually have three weeks to respond from the date of service of the complaint. Afterwards, often between 2-6 months after the case has been submitted to court, a preparatory hearing will be held. Thereafter both parties are given time to make clarifications regarding any questions that might have been raised at the hearing and complete and present the final evidence before the main hearing. The judgment will be announced around 3-4 weeks after the main hearing.

Is a power of attorney needed for civil action to be brought? If so what are the procedures and time lines?

Power of attorney is required when the counsel is representing the...