Jonas has 30 years’ experience as a lawyer and for approximately 25 years has specialized in intellectual property disputes. He is recognised for his expertise in patent disputes, his experience extends into a number of sectors including healthcare, pharmaceuticals and technology. A member of the board and advisory board of the European Patent lawyers Association (EPLAW), and a member of the board of the (AIPPI) Sweden
DA: What makes Westerberg stand out from other IP firms in Sweden?
Firstly, we are full service in IP. From marketing law to copyright, design rights, patent litigation, trademark, trademark prosecution, trade secrets and everything in between. We have a large and varied client list too which includes major pharma companies and consumer products among others. And then there’s our sheer size. I don’t think I’m wrong when I say we are the largest IP group in Sweden. That allows us as lawyers to specialise to a very high degree within all the different aspects of IP.
Take me for instance, I am very specialised in patents and trade secrets because of the closeness of the matters. And my colleagues are specialised in other things. We don’t have to be generalists within IP, so we can always find the right person to head up a specific matter regardless of what it is or who it’s for.
Our firm is very expert within regulatory law and that is much appreciated by our patent clients. There was a bit of a battle here between original pharma companies and the generic drug producers. While that battle is mostly over now and lots of companies produce both the branded patented drugs and their generic counterparts, we find ourselves firmly on the side of the original manufacturers and our regulatory expertise helps enormously with that.
DA: In Sweden now, are there any growth areas, either in types of IP protection or industry sectors?
We just launched the UPC Unified Patent Court in the Nordic region, and there are already two cases going there so that’s quite exciting. That is also very comforting for us patent people as it seems like the Nordic region is able to attract litigation. Otherwise, I think there could have been a fear that, okay, now it’s all Germany or France or the Netherlands, but there seems to be an attraction to the Nordic region with the English language procedure and experienced judges.
Otherwise, one of the most growing industry sectors is batteries both in terms of R&D and manufacturing. It’s been really active due to the rise in electric vehicles. Northvolt, if you heard of them, is a major player that is building huge factories in Sweden and planning more overseas – it’s a very active area right now. My colleagues could give a more rounded explanation of growth in other areas from their points of view as we have a leading copyright practice acting both in dispute resolution and non-contentious work as well as a team of experts managing global trademark and domain name portfolios, enforcing and litigating on behalf of some of the world’s most well-known brands.
Also, on the patent side we were recently down at the CJEU arguing a case on jurisdiction for regular European patents on the issue of whether when a court first seized with an infringement action loses jurisdiction when the defendant counters with an invalidity attack and whether the entire case should then instead move to the country of protection for both the infringement and the validity issue. This outcome would be motivated by the fact that because the country of protection has exclusive jurisdiction over the issue of validity and the validity of a patent is a prerequisite for infringement, so the issues are closely intertwined.
The General Advocate’s opinion is scheduled for 30 November. If CJEU finds that you could litigate all national European patents in the national court of the defendant in an infringement action and the defendant has to litigate invalidity separately in let’s say five different jurisdictions, then I think there would be a completely new ball game for patentees in Europe and also a strong alternative to the UPC.
DA: With you managing the firm, what are the hallmarks of a Jonas Westerberg managed firm? There is an old saying that managing a law firm is like herding cats, because it’s made up of really strong individuals. As it should be. I think a managing partner should be hard working, opinionated and believe in themselves. I’m currently the most senior here and was when we started. I think I have earned the respect of my partners and they trust me with the internal issues of the firm, managing the balance and getting people to all pull in the same direction.
DA: So, you started up a year or so before the COVID pandemic?
Yes, that meant lockdown in many countries. In Sweden we just had recommendations and guidelines but there was no enforced lockdown so for us it wasn’t that dramatic. I understand that it could have been more traumatic in other countries and there’s still a lot of different views on how this should have been handled, but I think we were lucky in that sense because if we would have had the complete lockdown, maybe that could have been a real problem. Some people were more cautious and other were just carrying on as usual and obviously respecting things like staying home if you feel sick and wash your hands but still being able to pretty much live as normal.
DA: Do you have any sort of hybrid working thing going or are you all in the office?
We have always been quite flexible in our working practices, and you know as lawyers, our entire working day is tracked and timed. Also, the work is deadline driven so as long as the work gets done on time with the quality that makes our clients happy, all is good.
But I think people miss out when they aren’t in the office. For younger associates it is necessary to be there because otherwise they don’t have the proper training and socialisation. For us older people we miss out on the mentoring opportunities.
Obviously with COVID we were super flexible. If you were worried and wanted to work more from home, okay, do that. But now the baseline is at least three days a week in the office. We have worked hard on making the office a nice place to be and work from and I think most people want to be in more often these days.
DA: There’s a lot of emphasis on diversity, equality, and inclusion these days, is that something that concerns you?
From a Swedish standpoint, it’s forbidden to keep track of people’s ethnicity or sexual preferences and so on, so there’s not much we can do in a practical way. Our policy has been to look out for good people and hire the best people regardless of anything else.
DA: What’s your background? Are you a scientist as well as a lawyer?
I took natural science for three years at college. So, I have a basic knowledge and my profile in the military when I was screened was analytical, mathematical. And I was always interested in everything technical so that’s maybe why I’ve enjoyed litigating patents so much because you get to dive into very different technical areas and learn a lot and then also combine with legal and rhetorical skills.
DA: If you didn’t find the law, what would you have done?
My first choice when I applied to university was actually biology. Back then I was also very eager to get into Uppsala, so I went for my second choice when I saw that this would mean studying in Uppsala. which is a great university. So yes, if it wasn’t the law then something in natural sciences. Like my youngest son who is now studying as a civil engineer with a focus on biotechnics.
DA: Is your family background legal?
My father was a physician, but my mother took a law degree later in life. She was an early mother and had five kids. But then, once we were all growing up, she took a law degree and worked in-house in the banking sector.
DA: Do you live as well as work in Stockholm?
I’ve always worked in Stockholm, but as a family we decided to stay in Uppsala. Nowadays it’s like 35 minutes into Stockholm on the train. When I started, it was kind of more problematic. We didn’t have mobile phones or Internet or laptops and there was only one train per hour. But as things have developed, it’s been great for the family because we’re really close to everything for schools, for kid day care, my wife’s work and so on. So, it’s been me doing the commuting but that seems to have suited me. Well, actually I am able to switch gears between work and home on the train and so, while I get home a little later, I’m more relaxed.
DA: What’s the best thing about living and working in Sweden?
It’s hard to compare one place with another when you only see other places briefly. But I love Sweden. It’s home and I speak the language! I think Swedes are reasonably rational and certainly the lawyers are very hard working. Working at law firms, I’ve always enjoyed recruiting talented young lawyers with high ambitions and solid work ethics. It’s very stimulating to see them develop. I’m sure it’s true in other countries too but here and in our business it’s super enjoyable especially as you grow older, having that constant inflow of young ambition and enthusiasm.
DA: What do you do in your spare time?
I just recently bought a small farm with a substantial pond, 10 acres of forest and six or seven acres of open grassland.
DA: Will you run it as a business or just for fun? Will you have animals and fish and crops?
Mostly as a hobby, I think. But at some point, I will try crayfish in the pond and my neighbours keep sheep, so you never know. But just being there working the land really feeds my interest in nature – I always discover something new when I visit.