Westerberg & Partners

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 a recent case,(1) the Patent and Market Court of Appeal (PMCA) addressed a recurring issue in Swedish IP infringement proceedings – namely, the level of reasonable compensation (de minimis) when there is little or no evidence to prove the level of a reasonable licence fee, which otherwise should serve as the basis for such […]

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)