Two new Patent and Market Courts are instituted in Sweden

On September 1st the Swedish Patent and Market Court and the Swedish Patent and Market Court of Appeal will be opened for business. These courts will be responsible for cases and matters related to intellectual property law, competition law and marketing law such as reviews of decisions taken by The Swedish Patent and Registration Office, cases of infringement of patents, trademarks, design rights and copyright, cases under the Marketing Act, etc. Today, these cases and matters fall under the responsibility of the Court of Patent Appeal, the Market Court and different district courts. The District Court of Stockholm will be the Swedish Patent and Market Court and the Svea Court of Appeal will be the Swedish Patent and Market Court of Appeal.

By centralizing the responsibility for these cases and matters to these two courts, the courts will be able to become more specialized. The purpose of the reform is to increase the quality of the proceedings and the verdicts, facilitate proceedings for the parties and decrease handling time.

As a main rule, the new courts will take over the responsibility for matters and cases currently pending before the Swedish Court of Patent Appeals, the Swedish Market Court, the District Court of Stockholm and the Svea Court of Appeal. Cases and matters pending before other courts will be handled according to the previous rules.

Valea welcomes this reform and believes that it will result in a higher degree of legal certainty for business in Sweden and an improved infrastructure for innovations, brands and other intellectual creations. In combination with the new European Patent Court under the Unitary Patent Court Agreement that is to be established in Stockholm, the two new Patent and Market Courts will increase the possibility for holders of intellectual property to enforce their rights in Sweden.

// Magnus Johansson