The protection of geographical indications is provided through provisions in the Swedish Marketing Act of 27 April 1995 (Swedish Statute Book 1995 No. 450, with amendments). Such protection does not require registration.

The Marketing Act provides the general protection for geographical indications. A special regime exists concerning the marketing of alcoholic beverages in the Act (Swedish Statute Book 1978, No. 763) Containing Certain Provisions Concerning the Marketing of Alcoholic Beverages.

As the protection ensured through these Acts applies to all kinds of marketing practices which are incompatible with good marketing practices, the protection covers both goods and services.

As has been indicated earlier in communications to the World Trade Organization, generally speaking, the provisions of the Marketing Act and in the special Act applying to alcoholic beverages and also, in respect of trademarks, the provisions under the Trademarks Act (Swedish Statute Book 1960, No. 644, with later amendments) cover the protection required under Articles 22.2 and 23.1 of the TRIPS Agreement. Reference is made to the attached document "Protection of Geographical Indications in Sweden" prepared by the Ministry of Justice in January 1997 and notified to the TRIPS Council.13

This question is not applicable; the protection is provided in statute.

The Ministry of Justice is not aware of specific cases where a geographical denomination has been deemed to be contrary to the provisions of the Marketing Act of the other Act cited above.

[Answer 2: The Marketing Act provides the general protection for geographical indications. A special regime exists concerning the marketing of alcoholic beverages in the Act (Swedish Statute Book 1978, No. 763) Containing Certain Provisions Concerning the Marketing of Alcoholic Beverages.]

Yes. See the reply to question 7 concerning EC legislation (in the Section above reproducing the answers from the European Communities to the Checklist).

[Answer 7: EC Responses

Yes, for other agricultural products and other foodstuffs pursuant to Regulation (EEC) No. 2081/92. Article 13, paragraph 1(b) provides that registered names shall be protected against "any measure, imitation or evocation, even if the true origin of the product is indicated...".]

There is in Swedish law no clear distinction between the various terms indicated in the question, nor are there any substantive criteria to distinguish these terms. Generally speaking, geographical indications are protected under the Marketing Act (Act 1995 No. 450), more specifically under the provisions prohibiting any claims or statements, in the course of a businessman's activities, for instance advertising, which are misleading as to the businessman's own or other businessmen's operations, especially concerning the nature, quantity, quality or other feature of the product or its origin, use and environmental or health effects. As indicated in the reply to question 8 under I above, this provision applies also to all kinds of misleading information about the geographical origin of the product or service.

Geographical denominations are not defined. The Marketing Act prohibits any claims or statements, in the course of a businessman's activities, for instance advertising, which are misleading as regards the businessman's own or other businessmen's operations, especially concerning the nature, quantity, quality or other features of the product or its origin, use and environmental or health effects. This would include also all kinds of misleading information about the geographical origin of the product or service.

It probably would cover also such indirect links to specific regions as the protection applies to all kinds of misleading information of the kind mentioned.

The criteria used are those mentioned above in the reply to question 8.

[Answer 8: Geographical denominations are not defined. The Marketing Act prohibits any claims or statements, in the course of a businessman's activities, for instance advertising, which are misleading as regards the businessman's own or other businessmen's operations, especially concerning the nature, quantity, quality or other features of the product or its origin, use and environmental or health effects. This would include also all kinds of misleading information about the geographical origin of the product or service.]

There does not necessarily have to be any human creativity involved in the geographical indication whose use could be prohibited under the Marketing Act or the other Act mentioned above.

[Answer 2: The Marketing Act provides the general protection for geographical indications. A special regime exists concerning the marketing of alcoholic beverages in the Act (Swedish Statute Book 1978, No. 763) Containing Certain Provisions Concerning the Marketing of Alcoholic Beverages.]

It would seem that other intellectual property rights may be involved only in cases where the geographical denomination has taken the character of a trademark or a certification or collective mark under the trademark legislation.

There is no authority which "defines" the geographic region or area for which rights are claimed; it is the Court which decides whether there is an improper marketing act undertaken which would be contrary to good marketing practices, including the determination of whether there is an improper indication of the geographical origin.

The legislation contains provisions on the protection of homonymous geographical indications for wines in the sense that the above-mentioned Act relating to alcoholic beverages prescribes (as regards protection granted to foreign States) that false or deceptive indications of origin may not be used through which the beverages directly or indirectly are alleged to have been produced or manufactured in a foreign State or in a locality in the foreign State. This applies also where the true origin is indicated or where the indication is used only in translation or is accompanied by expressions like "kind", "type", "style", "imitation" or similar expressions.

The proceedings relating to the use of false/misleading indications of geographical origin apply to all such indications and do not depend on the origin of the "originals".

There are no specific provisions concerning the protection of geographical indications which are not protected in their country of origin; the protection is based on the concept that indications used are misleading in this country and that is not depending on the protection in the country of origin.

As mentioned in the reply to question 2 under I above, a special regime exists concerning the marketing of alcoholic beverages in the Act (1978, No. 763) Containing Certain Provisions Concerning the Marketing of Alcoholic Beverages. That legislation prohibits any false or deceptive indication of origin through which the beverages are alleged to have been produced or manufactured in a foreign State (for instance a State Member of the WTO) or in a region or locality of the foreign State. This applies also where the true origin is indicated or where the indication is used only in translation or is accompanied by expressions such as "kind", "type", "style", "imitation" or similar expressions.

[Answer 2: The Marketing Act provides the general protection for geographical indications. A special regime exists concerning the marketing of alcoholic beverages in the Act (Swedish Statute Book 1978, No. 763) Containing Certain Provisions Concerning the Marketing of Alcoholic Beverages.]

There are no specific provisions of the type indicated in the question. Rather, the availability of refusals of applications for registration (and of invalidation of a registration if granted) follows from other provisions in the Trademarks Act. Thus, a trademark may not be registered if the mark would violate the provisions of, for instance, the Marketing Act or the above-mentioned specific Act relating to alcoholic beverages. If registration has nevertheless been granted, that registration may be invalidated where the ground for non-registration still exists. Reference is made to the reply to question 44 under I above.

[Answer 44: In relation to the registration or protection of trademarks, the obligations under Article 22.1 of the TRIPS Agreement are met by various provisions in the Trademark Act. Thus, a trademark may not be registered where the mark would violate the provisions of, for instance, the Marketing Act. If registration has nevertheless taken place, that may be invalidated where the ground for non-registration still exists. Action for such invalidation may be brought by the injured party and also, in certain situations, by a public authority or by an association of persons conducting business in the sector concerned. Furthermore, the Trademark Act contains provisions on prohibition by means of Court orders of the use of deceptive trade symbols where such bodies as just mentioned may bring actions.]

There is no formal system for recognition of geographical indications.

The protection of geographical indications is obtained through the procedures under the Marketing Act (proceedings at the Stockholm City Court, which may be appealed against to the Market Court, which is a specialized court competent in, for instance, matters relating to the Marketing Act).

The proceedings leading to a protection of a specific geographical indication are initiated at the Stockholm City Court by the Consumer Ombudsman, who is a Government official; he usually acts upon the complaint by some injured party but he may also act upon his own initiative. To that extent, the procedures may take place ex officio. However, also businessmen affected by the alleged misleading marketing, and associations of consumers, businessmen or wage or salary earners may bring such an action.

There are no fees applicable to the initiation of proceedings under the Marketing Act.

It follows from the provisions of the Marketing Act that the protection against misleading indications of geographical origin are not necessarily of a geographical nature.

There are no provisions about criteria which must be set out in this context.

There are no provisions about any specific information that must be submitted, but it is obvious that the Consumer Ombudsman must state the factual circumstances about why, for instance, a businessman's indications concerning geographical origin are to be considered as misleading.

There is no specific requirement in this context.

As stated above, the system is not based on the "recognition" as such of specific geographic indications but rather on the approach of preventing the use of false or misleading indications of geographical origin. Obviously, the defendant in a case would be able to oppose the claim that his indication is actually false or misleading but this is part of the normal court procedure and there are no specific mechanisms provided for in this context.

There are no specific provisions about who can oppose the recognition of a geographical indication in this context; like in the case of question 25 above this is part of the normal court procedure.

[Answer 25: As stated above, the system is not based on the "recognition" as such of specific geographic indications but rather on the approach of preventing the use of false or misleading indications of geographical origin. Obviously, the defendant in a case would be able to oppose the claim that his indication is actually false or misleading but this is part of the normal court procedure and there are no specific mechanisms provided for in this context.]

Those procedures are described in the document referred to in the answer to question 4 above. Briefly, the Consumer Ombudsman may file an action at the Stockholm City Court concerning a so-called market disruption fee or a prohibition in, for instance, cases of misleading information about geographical origin. As mentioned above, such actions may be filed either upon complaint by the injured party or at the Ombudsman's own initiative. Consequently, a foreign party whose interests are affected should preferably file a complaint with the Consumer Ombudsman.

There is no prescribed time-limit for the protection against false or misleading information of geographical origin under the Marketing Act.

There is no such specific system for renewal or reaffirmal of the protection of geographical indications (apart from cases where the geographical indication in question is protected under the Trademark Act).

There are no requirements of use in this context.

There are no provisions on specified limits for non-use in this context.

There are no specific provisions on the monitoring of the use of geographical indications.

There is no Government authority responsible specifically for monitoring the use of geographical indications.

There are no specific means by which interested parties may request the termination of a geographical indication based on non-use, etc; the use of a specific indication of the geographical origin of a product or service depends on whether it is actually still false or misleading or not.

As mentioned above, actions against the use of false or misleading indications relating to geographical origin may be filed by the Consumer Ombudsman (which action may lead to a prohibition against the use of that specific geographical indication) either upon complaint or at his own initiative.

The legislation relating to the protection of geographical indications is based on the approach that Court decisions, in specific cases, restrict (through a preventive market disruption fee) or prohibit the use of, inter alia, statements which are misleading in respect of the geographical origin of products or services. Consequently, there are no specified criteria for the determination of which indications of origin would enjoy protection under these provisions, and the question of other persons' use of a particular indication of geographical origin does not have relevance.

This issue is decided in the particular proceeding before the Stockholm City Court/the Market Court.

There are no fees involved in this context.

The normal procedures under the Marketing Act would apply (see the document referred to in the reply to question 4 above).

[Answer 4: As has been indicated earlier in communications to the World Trade Organization, generally speaking, the provisions of the Marketing Act and in the special Act applying to alcoholic beverages and also, in respect of trademarks, the provisions under the Trademarks Act (Swedish Statute Book 1960, No. 644, with later amendments) cover the protection required under Articles 22.2 and 23.1 of the TRIPS Agreement. Reference is made to the attached document "Protection of Geographical Indications in Sweden" prepared by the Ministry of Justice in January 1997 and notified to the TRIPS Council.13]

There are no specific provisions on the retention of the right of specific geographical indications.

Such conflicts are resolved through the normal procedures under the Marketing Act (see above).

[Answer 39: The normal procedures under the Marketing Act would apply (see the document referred to in the reply to question 4 above).]

There are no specific provisions on licensing of the rights in geographical indications (apart from cases where those are trademarks, in which cases the normal provisions in the Trademark Act apply).

There are presently no provisions in this respect.

In relation to the registration or protection of trademarks, the obligations under Article 22.1 of the TRIPS Agreement are met by various provisions in the Trademark Act. Thus, a trademark may not be registered where the mark would violate the provisions of, for instance, the Marketing Act. If registration has nevertheless taken place, that may be invalidated where the ground for non-registration still exists. Action for such invalidation may be brought by the injured party and also, in certain situations, by a public authority or by an association of persons conducting business in the sector concerned. Furthermore, the Trademark Act contains provisions on prohibition by means of Court orders of the use of deceptive trade symbols where such bodies as just mentioned may bring actions.

The same applies as in the situation referred to in the reply to question 44 above.

[Answer 44: In relation to the registration or protection of trademarks, the obligations under Article 22.1 of the TRIPS Agreement are met by various provisions in the Trademark Act. Thus, a trademark may not be registered where the mark would violate the provisions of, for instance, the Marketing Act. If registration has nevertheless taken place, that may be invalidated where the ground for non-registration still exists. Action for such invalidation may be brought by the injured party and also, in certain situations, by a public authority or by an association of persons conducting business in the sector concerned. Furthermore, the Trademark Act contains provisions on prohibition by means of Court orders of the use of deceptive trade symbols where such bodies as just mentioned may bring actions.]

See the reply to question 44 above.

[Answer 44: In relation to the registration or protection of trademarks, the obligations under Article 22.1 of the TRIPS Agreement are met by various provisions in the Trademark Act. Thus, a trademark may not be registered where the mark would violate the provisions of, for instance, the Marketing Act. If registration has nevertheless taken place, that may be invalidated where the ground for non-registration still exists. Action for such invalidation may be brought by the injured party and also, in certain situations, by a public authority or by an association of persons conducting business in the sector concerned. Furthermore, the Trademark Act contains provisions on prohibition by means of Court orders of the use of deceptive trade symbols where such bodies as just mentioned may bring actions.]

The law does not contain any specific criteria for homonymous geographical indications for wines and spirits.

The procedures for the enforcement of rights in geographical indications are described in some detail in the document referred to in the reply to question 4 above. Essentially such protection is enforced through the provisions in the Marketing Act and the Trademark Act.

As mentioned in the document referred to in the reply to question 4 above, the Consumer Ombudsman is entitled to bring actions concerning the use of false/misleading information concerning, for instance, geographical indications.

As mentioned above, measures in this respect are taken by the Stockholm City Court, upon action brought by the Consumer Ombudsman, and the decisions by the Stockholm City Court may be appealed against to the Market Court.

There are no provisions on notifying the public about the existence of geographical indications.

The sanctions against violations of the Marketing Act are "Market Disruption Fees" of between 5,000 and 5 million Swedish Crowns, payable to the State, "Prohibition and Information Orders", "Compensation for Damages" and, finally "Orders to Eliminate Misleading Statements". Consequently there are, strictly speaking, no criminal sanctions, even if the market disruption fee to a certain extent has the same function.

Sweden is not party to the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, but is party to the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods, which to a certain extent may offer protection to geographical indications. Sweden is of course also party to the TRIPS Agreement and the Paris Convention.

Sweden is not party to any other agreements in this area.