États-Unis d'Amérique
Suède
Moyens de faire respecter les DPI
Mesures provisoires
10. Article 50.3 requires that judicial authorities be authorized to require an applicant to provide evidence to establish with a sufficient degree of certainty that the applicant is the right holder and that infringement has occurred or is imminent. With respect to each intellectual property right defined in Article 1.2 of the TRIPS Agreement, please describe the evidence required by right holders to establish ownership.
There are no formal provisions on the evidence required for the holder of an intellectual property right to establish ownership of the right. This follows naturally from, for instance, the provisions on the contents of an application for summons (where the applicant has to state, inter alia, the circumstances upon which the claim is based); these circumstances would, if properly presented, constitute sufficient reason for the Court to assume that the status of the applicant in this respect is what he claims it to be. However, as regards the ownership of the rights in a literary or artistic work Article 7, first paragraph of the Copyright Act (1960 No. 729) contains a provision to the effect that "a person whose name or generally known pseudonym or signature appears in the usual manner on copies of the work or when it is made available to the public, shall, in the absence of proof to the contrary, be deemed to be its author". This thus establishes a presumption of authorship and consequently also on the right to file an action for a provisional measure.