États-Unis d'Amérique
Suède
Moyens de faire respecter les DPI
1. Articles 41.1 and 42 of the TRIPS Agreement require that procedures be available for the effective enforcement of the intellectual property rights covered by the Agreement. IP/N/6/SWE/1 describes jurisdiction in relation to copyright, patent, trademark, and industrial design cases. Please state whether the same jurisdiction applies in connection with geographical indications, integrated circuit layout-designs, and rights in undisclosed information and, if not, describe identify the courts that are responsible for infringement actions in relation to those rights.
As regards the protection of integrated circuit layout-designs and as regards rights in undisclosed information, the same the same jurisdiction applies as in the case of copyright and other intellectual property rights. However, a special regime applies as regards geographical indications. Those enjoy protection under the Marketing Act (Act 1995 No. 450). There is a special system of sanctions for violations of that Act. Thus, any person who intentionally or with carelessness contravenes the provisions of the Act may be ordered to pay to the State a "market disruption fee" of between Skr 5 000 and Skr 5 000 000, and, in addition, be subject to prohibition and information orders and may be ordered to pay a compensation for damages, etc. Procedures for the imposition of a market disruption fee may be initiated at the District Court of Stockholm by the Consumer Ombudsman (an official who must be a lawyer and who is appointed by the Government under the Marketing Act to deal with matters relating to marketing practices, etc.). If the Consumer Ombudsman in a particular case decides not to present an application for a market disruption fee, any businessman affected by the marketing and any association of such businessmen may institute such a proceeding. Furthermore, actions relating to prohibition orders (against the continuation of marketing actions which would violate the Act) may be instituted at the Stockholm City Court by the Consumer Ombudsman, by any businessman affected by the marketing activities and any association of consumers, businessmen or wage or salary earners. Interim decisions may be issued by the Court while proceedings are pending. Finally, actions relating to the payment of damages may be instituted either at the Stockholm City Court or at any District Court which is competent under the Code of Judicial Procedure. The Consumer Ombudsman has the authority to order certain such orders himself, primarily such which concern obligations for a businessman to provide information concerning such products and acts where a violation of the Marketing aAct may occur. These decisions by the Ombudsman may be appealed to the Stockholm City Court. Any judgements by the Stockholm City Court or any other District Court may be appealed against to the so-called Market Court. This Court is a specialized court competent in matters concerning the Marketing Act and matters concerning unfair competition or concerning, for instance, product liability and contract terms in consumer relations. The Market Court consists of a President and a Vice President, who must have experience as judges, and five special members who must be economic experts. The Market Court is the final instance in, inter alia, matters relating to the application of the Marketing Act.