Everything is set for the new specialized Patent and Market Court to operate from September 1, 2016. Are you ready? Synch has summarized what you need to know about the new court.
Sweden will have a new specialized court from September 1, 2016, handling most cases relating to intellectual property, marketing and competition law. The new specialised court, the Patent and Market Court, will, amongst others, deal with intellectual property infringement and validity cases, cases under the Act on the Right to Employee’s Inventions, unfair competition cases and competition law cases. The new court will also handle matters, i.e. appeals from the decisions of the Swedish Patent and Registration Office (PRV) and the Swedish Company Registration Office (Bolagsverket). Consequently, the current Market Court and the Court of Patent Appeals will close their doors.
The new Patent and Market Court will be located in Stockholm and experienced specialist judges will hear the cases, many who have already been dealing with the majority of the cases relating to intellectual property rights. The appeals to the decisions of the new Patent and Market Court will be handled by the new Patent and Market Appeal Court which will be the final instance in most cases and matters. Under special circumstances, e.g. if the case has a precedential importance, a right to appeal to the Swedish Supreme Court may be granted.
What are the benefits of the new court? Specialisation allows for efficiency and more uniform decisions resulting in a higher level of legal security. Another result of the court reform is the end of parallel proceedings concerning the same dispute but carried on before different courts which will hopefully decrease the time and costs for the parties.
If you have any questions in respect of the new court or if you have pending IP cases and are wondering how this will affect your case, you are welcome to contact us. The IP and litigation specialists at Synch are prepared to help you taking benefits of the new specialized court.
For further information, please contact David Leffler.