États-Unis d'Amérique
Suède
Moyens de faire respecter les DPI
4. Please explain any provisions in the enforcement system in Sweden that ensure expeditious remedies. In addition, please explain what provisions are available to prevent deliberate delays by the parties to a proceeding and indicate the circumstances in which such provisions will be applied.
There are a number of provisions in the Swedish Code of Judicial Procedure which aim at securing the availability of expeditious remedies. For instance, Chapter 18, Article 6, of the Code makes it possible to take certain actions against any party who, through the failure to appear or to comply with a court order, or the presentation of a claim or defence that he knew or should have known to be without merit, or carelessness or oversight in other respects, has caused adjournment of the proceedings or has otherwise caused expenses for the adverse party. Such a party shall reimburse the adverse party for such expenses regardless of how costs in the case in general are to be distributed. Also, Article 7 in the same Chapter contains a provision on the liability of an attorney in case he has caused expenses through having initiated an action without provocation from his adversary or has otherwise deliberately or negligently caused unnecessary litigation. In such a case, the Court may impose joint liability for costs upon the party and his representative. Furthermore, Chapter 42, Article 15 of the Code gives the Court the authority to order a party to determine finally his claims and state the evidence that he wants to invoke, where this is called for taking into account the way in which the party has acted earlier in the proceedings. After the expiry of the time within which such an order has to be complied with, the party in question must not invoke any new circumstances or invoke any new evidence where he can not make it plausible that there was a valid excuse for his non-action in this respect. Furthermore, the Code contains provisions on so called "Default Judgement" which may be pronounced in cases amenable to out-of-court settlement. Such a judgement may be entered where a party has been directed to appear before the Court with the consequence that otherwise a default judgement may be entered against him and he nevertheless does not appear and, furthermore, that the appearing party requests such a judgement.