Westerberg & Partners

Written by Westerberg & Partners.   Black Friday – Some take-aways regarding price reductions Black Friday/Black Week has become one of the most important events of the year for retailers. However, price reductions are surrounded by a number of market law regulations and the Swedish Consumer Agency (KV) / The Consumer Ombudsman (KO) works actively with […]

Written by Westerberg Last week, 16 October 2024, the Swedish parliament passed the new Patent Act which will enter into force 1 January 2025. Although no major changes in substance are intended, a few tweaks in relation to the current act can be discerned. For the last decade attempts have been made to modernise the […]

from Westerberg Maria Fogdestam Agius, Therese Isaksson, and Ginta Ahrel have contributed to the Swedish Arbitration Association’s publication, “High Quality Arbitrations in Sweden.” The book, which consists of five detailed reports, covers various key phases of the arbitration process. Maria, Therese, and Ginta, alongside a team of leading international arbitrators, contributed their knowledge and experience in drafting the […]

Siri Alvsing and Felicia Taubert comment on a case addressed by the PMCA regarding infringements of trademarks held by one of Sweden’s largest truck manufacturers. Introduction This case regarding infringements of trademarks of one of Sweden’s largest and most well-reputed truck manufacturers concerns several interesting aspects of trademark law. (1) The Patent and Market Court of Appeal (PMCA) […]

Joanna Wallestam and Helena Wassén Öström comment on a case concerning the protected designation of origin Halloumi. The device mark “Falloumi!” was refused registration since it could be seen as a play on words for the word “Halloumi” and the use would be considered an unlawful evocation of the designation. Introduction This case concerns a trademark application for […]

Linnea Harnesk reports on key proposed amendments to the EU Industrial Design Law that the International Trademark Association (INTA), the European Communities Trademark Association (ECTA), and MARQUES are following and sheds light on their potential impact  The European Union has always been at the forefront of promoting innovation and creativity within its member states. With the […]

The commentary written by Stefan Widmark, Petter Larsson and Hans Eriksson on the gaming sector in Sweden Current Outlook Five years have now passed since the re-regulation of the Swedish gambling market on 1 January 2019 and the most obvious and immediate issues related to the Swedish Gambling Act that entered into force on that date have since been addressed […]

Introduction In this case, (1) the Patent and Market Court of Appeal (PMCA) addressed the fundamental issue of which documents are relevant for defining the “product” in the sense of article 1(b) of Regulation No. 469/2009 (SPC Regulation). In summary, the issue concerned whether only the marketing authorisation (MA) and its annexes, including the summary […]

Linnea Harnesk reports on key proposed amendments to the EU Industrial Design Law that the International Trademark Association (INTA), the European Communities Trademark Association (ECTA), and MARQUES are following and sheds light on their potential impact in an article published by INTA. The European Union has always been at the forefront of promoting innovation and creativity […]

Stefan Bessman comments on a judgment from the Swedish Supreme Court concerning insurance coverage for pandemic-related business interruption caused by government restrictions, as reported by the Scandinavian Insurance Quarterly (SIQ) Nordisk försäkringstidskrift. The article may be read through the following link (in Swedish)

Introduction The government recently gave an assignment to the Swedish Medical Products Agency (the agency) to review the possible use of substance names for prescriptions, rather than the trade name of a medicinal product. More specifically, the agency has been assigned to prepare for substance names to be included in the register that it provides […]

In this criminal case,(1) the Supreme Court dealt with complicated questions of territoriality and clarified when broadcasting signals from abroad may enjoy protection under the Copyright Act. Facts A television company with its domicile in Qatar, whose business consisted of broadcasting sporting events and producing its own content which was broadcast during breaks, transmitted broadcasting signals […]

Wendela HÃ¥rdemark comments on a case in which the Patent and Market Court of Appeal has awarded an employed inventor fair compensation for the transfer of the patent to the employer. The Patent and Market Court of Appeal has allowed leave to appeal, and we may see long-waited guidance from the Swedish Supreme Court regarding how […]

Introduction August finds many Swedes laying out on beaches or cooped up in summer houses with a good crime novel. Call it Scandinavian noir, detective stories or the Swedish deckare – the country loves a good murder mystery and crime fiction is consistently one of the mostread genres of literature (and a big Swedish entertainment […]

Collective management of copyright is growing in importance within many creative sectors in Sweden and internationally. Westerberg & Partners’ Filip Jerneke and Hans Eriksson write about a curious recent case from the Patent and Market Court of Appeal regarding the lucrative membership in such an organization. The article was recently published by Lexology and may be read through the […]

A recent decision from the Swedish Labour Court exemplifies how trade secret misappropriation litigation in Sweden often gets tangled up with labour law and collective bargaining agreements. Westerberg & Partners’ Hans Eriksson untangles the complexities in a new case note published by International Law Office / Lexology in their latest newsletter on intellectual property. The article may […]

Patent and Market Court of Appeal clarifies concept of “product” under EU SPC Regulation Westerberg & Partners’ Wendela HÃ¥rdemark comments on a case regarding supplementary protection where the Patent and Market Court of Appeal clarifies the concept “product” under the EU SPC Regulation. The article was recently published by International Law Office / Lexology and may be […]

Swedish Supreme Court clarifies scope of framework agreement’s arbitration clause and binding effect of arbitration agreement published on website A recent judgment by the Swedish Supreme Court clarifies the scope of a framework agreement’s arbitration clause and binding effect of arbitration agreements published on websites. Westerberg & Partners’ Ginta Ahrel and Mathilda Wahlgren report on the case in an […]

Westerberg & Partners’ Felicia Taubert and Hans Eriksson comment on a case in which the PMCA has found a car replica to not constitute copyright infringement on unusual grounds. The article was  in an International Law Office / Lexology issue on intellectual property and may be read through the following link to Lexology  or directly to the article.

On World IP day, Westerberg & Partners’ Wendela Hårdemark reports on problems and progress for women in IP along with fellow experts in the IP field as International Law Office focuses on accelerating innovation and creativity. Read more

In an article published by LexisNexis UK, Westerberg & Partners’ Jacob Ericson and Victoria Ribbnäs discuss the potential implications on arbitration proceedings of a recent preliminary ruling from the Court of Justice concerning third party personal data interests in document production. The article may be read through the following: Link to PDF Link (Subscription required)

In the latest International Law Office / Lexology issue on intellectual property, Westerberg & Partners’ Stefan Widmark and Petter Larsson discuss a widely debated judgment from the Patent and Market Court regarding copyright protection to a replacement pad to the Jetsson armchair designed by Swedish designer Bruno Mathsson. The case also concerns the outer limits of private use and in essence the right to […]

Westerberg & Partners’ Petter Larsson, Hans Eriksson and Stefan Widmark have authored an expert insight published by the International Association of Gaming Advisors (IAGA). The article may be read through the following link.

In the latest International Law Office / Lexology issue on Intellectual property, Westerberg & Partners’ Josefine Lindén, Filip Jerneke and Hans Eriksson, report on a case concerning infringement of works of applied art in the form of a dining table. The article may be read through the following link  Link to PDF

Westerberg & Partners’ Olof Olsson, Maria Fogdestam Agius and Ginta Ahrel recently authored an article on the annulment of arbitral awards by the Swedish Supreme Court because of their inconsistency with Swedish public policy as published by Practical Law Arbitration. Link to article here

n the latest International Law Office / Lexology issue on Intellectual Property, Westerberg & Partners’ Maria Bruder and Petter Larsson report on a recent case the where the PMCA provided guidance on how to calculate de minimis compensation in absence of evidence of a licence market for the IP right in suit. Read more Download PDF

The question of how to calculate reasonable compensation for copyright infringement has been a subject of much discussion in Sweden in recent years. In Swedish copyright jurisprudence, this calculation is commonly conducted on the basis of a fictitious hypothetical licensing fee between the parties, in which evidence of licensing standards on the relevant market is […]

In April 2021 a claimant argued before the Swedish Svea Court of Appeal that an arbitral award should be set aside because the arbitral tribunal had decided that a hearing on the merits should be held virtually, despite the claimant’s objections.(1) The Court of Appeal has now rendered its judgment on this case.(2) Background Similar […]

In the latest International Law Office / Lexology issue, Westerberg & Partners’ Björn Rundblom Andersson has reported on a Swedish ruling examining the admissibility of infringement proceedings before patent grant. Read more

Introduction Developments in the past year confirm that Sweden remains an arbitration-friendly jurisdiction. Arbitration is a favoured means of dispute resolution for many Swedish businesses and while Stockholm is not as frequently selected as an arbitral seat as London, Paris, New York or Washington DC, it is not uncommon for parties in international commerce to […]

Introduction The question of whether there exists likelihood of confusion between two trademarks may arise in several situations – for example, in the case of trademark registrations or oppositions to trademarks, or in the use of trademarks when marketing and selling goods and services. It may seem commercially attractive to companies to register a trademark […]

Introduction The question of whether there exists likelihood of confusion between two trademarks may arise in several situations – for example, in the case of trademark registrations or oppositions to trademarks, or in the use of trademarks when marketing and selling goods and services. It may seem commercially attractive to companies to register a trademark […]

Facts Three affiliated pharmaceutical companies sought a preliminary injunction, a final injunction and a declaration of liability per se against two generics companies based on a patent expected to be granted soon. The application that the claimants expected to be granted had been rejected by the Examining Division of the European Patent Office. However, a […]

Introduction IT forensic reports by third-party IT investigators are commonly used as key evidence in copyright infringement and misappropriation of trade secrets litigation in Sweden. But a recent decision from the Patent and Market Court(1) spotlights some inherent limitations of IP forensic evidence and suggests that over-reliance on such evidence can become a significant hurdle […]

Introduction In a recent case, the Patent and Market Court of Appeal (PMCA) elaborated on the concept of objective necessity to re-box medicinal products subject to parallel distribution, in light of the implementation of the EU Falsified Medicines Directive (the FM Directive),(1) which came into force on 9 February 2019.(2) In the first Swedish decision […]

Many Swedish companies have reacted forcefully against Russia’s invasion of Ukraine. Decisions to suspend or exit operations in Russia, Ukraine or Belarus affect local communities in these countries. As part of their sustainability and corporate responsibility actions, Swedish companies may wish to reflect on their role, rights and responsibilities towards the respect for human rights […]

Many Swedish companies have reacted forcefully against Russia’s invasion of Ukraine. Decisions to suspend or exit operations in Russia, Ukraine or Belarus affect local communities in these countries. As part of their sustainability and corporate responsibility actions, Swedish companies may wish to reflect on their role, rights and responsibilities towards the respect for human rights […]

Maria Bruder has authored an article on greenwashing, and what to have in mind when making assertions in marketing related to the climate, sustainability and the environment. Continue reading (Swedish)