EPLAW Patent Blog

The Swedish Supreme Court Clarifies the Law on Distressed Patents

The Swedish Supreme Court Clarifies the Law on Distressed Patents, by Erik Ficks (Roschier)

Introduction

One area of Swedish patent law that is of significant commercial importance but shows a considerable lack of legislation is that of distressed patents. The relevant provisions of the Swedish Patents Act related to insolvency events are limited to the basic requirements for pledging a patent or a patent application, as well as the standing of direct license agreements.

SE - Seeking Preliminary Injunction for Pharmaceutical Patent Infringement in Sweden

Seeking Preliminary Injunction for Pharmaceutical Patent Infringement in Sweden - A Comparative Law Analysis of Pharmaceutical Patent Protection and Injunction Proceedings in the Nordic Countries

By Erik Ficks, Roschier

"2009 has brought about significant changes to the Swedish pharmaceutical market as a consequence of the dismantling of the state pharmacy monopoly. As of 1 July 2009, parties other than the Swedish state are permitted to establish pharmacies. This increased activity creates an increased need for patent holders to safeguard their rights, primarily by preliminary injunctions. Coincidentally, due to the delayed implementation of the Enforcement Directive (also known as IPRED), it became possible for Swedish courts to issue preliminary injunctions against imminent threats of patent infringement as of 1 April 2009.

"In order to present how the Swedish courts may apply this new provision a comparison is made with cases where such preliminary injunctions have been granted in Denmark, Norway and Finland."

Read the complete contribution here.