Intellectual property rights – protecting intellectual property
Intellectual property law addresses and establishes the legal rights of several types of intellectual property – such as trademarks and artistic work. Here we’ve gathered the most important things companies need to know about Swedish intellectual property law, what it involves, and what is required to protect an intangible asset in all areas.
Protect your company's intellectual property in all areas
When you register a trademark, design, or patent — or if you create something and automatically obtain copyright protection — straight away it becomes illegal for others to copy, promote, or otherwise exploit the protected asset. But, unfortunately, that doesn't stop malicious parties from trying anyway. To fully protect intellectual property, you will for example, secure with tools such as:
DIFFERENT areas OF INTELLECTUAL PROPERTY RIGHTS
What does intellectual property law consist of?
In the Swedish legal system, intellectual property law is divided into four different subcategories, which you can read about here.
Fundamental intellectual property law – an introduction
Intellectual property law is called the legal field that regulates the rights and protection of various types of intangible assets – that is, non-physical assets. The purpose of intellectual property rights is to protect the holder's exclusive rights to his assets, for a limited period of time. For example, the rights make it illegal for others to copy or otherwise exploit another party’s protected asset for their own gain – or with the intent to sabotage.
The responsible authority for intellectual property rights in Sweden is the Swedish Intellectual Property Office, PRV.
How are intellectual property rights obtained for a product or service?
For all categories, apart from copyright protection, you must apply for registration with the intellectual property office in the country or market where you wish to protect your asset. Protection can also be obtained through so-called establishment, but it takes significantly longer and is more cumbersome.
In short, the following applies to each subcategory of intellectual property law:
- Trademark protection
Registration usually takes 4-6 months from the time the application is received until the protection is fully completed. Once granted, trademark protection is valid for 10 years at a time, after which it can be extended for another 10 years for an unlimited amount of times. - Patent
The application and registration are announced after 18 months. The protection is then valid for a maximum of 20 years and cannot be extended other than for medicines and plant protection products. - Design protection
Protection is granted upon application to PRV or the intellectual property office in another country and is then valid for five years. An extension can be made for a maximum of 20 more years. - Copyright
Occurs as soon as a piece has been created and therefore does not need to be applied for. Copyright protection is then effective for 70 years after the owner's death.
The application process for intellectual property protection usually requires both time and a great deal of legal knowledge. The majority of companies choose to enlist the help of a representative with expertise in the field of intellectual property – like us at Abion, for example.
At Abion, we have all the skill, ability, and expertise required to help you ensure the most robust and advanced protection possible for your intellectual property.
Feel free to contact us and we’ll tell you more about our services and how we can be of help to your company!
SERVICES
Our range of legal services relating to intellectual property
FAQ about intellectual property rights
What happens if someone infringes on my registered trade mark?
If someone infringes on your registered trade mark, you have several options to address the situation:
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Cease and Desist Letter
Send a formal notice to the infringer, demanding that they stop using your trade mark. Often the first step, this letter serves as a warning and can sometimes resolve the issue without further legal action. -
Negotiation and Settlement
Engage in direct negotiations with the infringer to reach a mutually agreeable solution. This can lead to a settlement that might include payment for damages, an agreement to stop using the mark, or a licensing arrangement. -
Administrative Action
File a complaint with the trade mark office or relevant authority in the jurisdiction where the infringement is occurring. The office may take administrative actions such as cancelling the infringer’s registration or preventing their use of the mark. -
Litigation
File a lawsuit in civil court against the infringer. Seek legal remedies such as an injunction to stop the infringing use, monetary damages, and potentially the recovery of attorney's fees. -
Customs Enforcement
Register your trade mark with customs authorities. Customs can help block the import and export of counterfeit goods bearing your trade mark. -
Alternative Dispute Resolution (ADR)
Utilise mediation or arbitration to resolve the dispute. These methods can be less costly and quicker than litigation.
Having a professional trade mark attorney on your side for any infringement actions is highly recommended.
Is a trade mark only valid in one country?
No, a trade mark is not only valid in one country. Trade mark protection can be sought at the national level, where it provides protection and exclusivity within the specific country where it is registered. However, it is also possible to extend trade mark protection internationally. Abion, with its global reach and expertise, can assist you in securing trade mark protection in multiple countries.
What can be registered as a trade mark?
Trade marks encompass a wide spectrum of brand elements, such as words, product name, logos, symbols, slogans, and even sounds or colours, all of which play a crucial role in uniquely identifying your brand in the marketplace. These intellectual property elements are the building blocks of your brand's visual and auditory identity, serving to distinguish your products or services from those of competitors. By registering these trade marks, you gain exclusive rights to use and protect these brand identifiers, establishing a strong and recognisable presence in the market.
Do I need to hire a professional to help me register a trade mark?
Registering a trade mark can be a complex and nuanced process, involving legal terms, documentation requirements, and potential pitfalls. While it is possible to proceed without professional assistance, hiring a trade mark attorney can offer various advantages and increase your chances of a successful registration.
A trade mark attorney can conduct a comprehensive search to identify potential conflicts with existing trade mark, ensuring that your application has a higher chance of being accepted. They can also provide strategic advice on trade mark selection, helping you choose distinctive and protectable marks that align with your brand's long-term objectives. The legal aspects of intellectual property can be complex and a small error can weaken your trademark protection, and lead to legal action against you.
Furthermore, a trade mark attorney acts as your advocate throughout the application process. They can respond to any official actions or objections from trade mark examiners, handle communication with trade mark offices, and provide guidance on potential oppositions from other trade mark owners. Their expertise can help navigate any legal complexities and ensure a smoother path to registration.
Ultimately, while hiring a professional is not required by law, it is highly recommended to consult a trade mark attorney to maximise your chances of a successful trade mark registration. They can provide invaluable guidance and support, helping you protect your brand effectively and avoid potential setbacks. At Abion, we have a team of experienced trade mark attorneys who can assist you at every step of the registration process, ensuring your trade marks are handled with precision and care.
How can Abion help with trade mark registration?
Abion offers comprehensive trade mark registration services, guiding you through the process from start to finish to ensure your brand is legally protected on a global scale. Our expert team of trade mark professionals is dedicated to safeguarding your brand with passion and dedication.
Want to know more?
Contact us and we will help you!
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