| 1. |
- Berlips Persson, Merit, 1972-
(författare)
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Företagsnamnet som varukännetecken : En rättsvetenskaplig studie av det korsvisa skyddet
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The rationale behind intellectual property protection of signs is that they are used commercially. Signs can among other things be a company name or a trade mark. The uses of company names and trade marks in the market often overlap, especially for well-known signs. For the consumer, the sign outside a McDonald’s is equally comprehended as representing the burgers and services inside as it is the business. Due to this overlapping use and the historically close relationship between company names and trade marks, the Swedish Trade Marks Act (2010:1877) grants company names the same protection as trade marks and vice versa in the Company Names Act (2018:1653). This cross-protection is explained by the legislator to be automatic. In other words, a company name is protected as a trade mark even in cases where its function is not the same as the trade mark’s function, which is as an indicator of the origin of goods and services. The function of a company name is not to indicate the origin of goods and services, but rather to identify and establish the legal entity according to company law and, when used as a trade name or sign, to indicate the business according to the Company Names Act.This legal study considers these issues from the perspective of company names and analyses the legal concept of the cross-protection under Swedish law. The overall aims of this study are to consider and analyse the legal coordination between company names and trade marks, and to examine the extent to which this complies with the EU harmonized trade mark law. Two hypotheses are tested: 1. there is an imbalance in how the legal concept of signs is applied to company names and trade marks; and 2. the automatic protection of company names as trade marks is not in compliance with EU harmonized trade mark law. This study also aims to present a legislative solution de lege ferenda. To fulfil the aims of the study, current law has been examined taking into account historical, societal and legal developments – as well as market realities – in Sweden, the EU and internationally.The conclusions of this study are that both hypotheses are substantiated and that the cross-protection in Swedish law is excessive, as it gives protection to company names that goes beyond their true functions both in company law and under the Company Names Act. The imbalance between company names and trade marks as signs means that company names are given wider protection than equivalent trade marks. Since the functions of a company name are not the same as the functions of a trade mark, it is not in compliance with the EU harmonized trade mark law to give company names automatic protection as trade marks.
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| 2. |
- Levin, Marianne
(författare)
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Lärobok i immaterialrätt : upphovsrätt, patenträtt, mönster- och formgivningsrätt, känneteckensrätt - i Sverige, EU och internationellt
- 2019. - 12
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Skyddet för intellektuella prestationer och kännetecken spelar i våra dagar en mycket stor ekonomisk och kulturell roll. Upphovsrätt, patenträtt, designrätt och känneteckensrätt, inklusive kvalitetsbeteckningar, utgör centrala värden i alla företag. Samtidigt innebär den moderna tekniska utvecklingen med nät, plattformar och robotar ständigt nya utmaningar. Det gäller att vara uppdaterad.EU-rätten tvingar till uppmärksamhet på ökad harmonisering, enhetsrätter och EU-domstolens centrala roll, som innebär nya hierarkier, metoder och rättskällor. Immaterialrättsliga frågor, inklusive innovationer, står högt på den nationella, europeiska och internationella dagordningen, bl.a. i samband med kunskapsspridning, klimatförhandlingar, hållbar utveckling och förbättrad folkhälsa.I denna tolfte upplaga av Lärobok i immaterialrätt behandlas den nationella immaterialrätten även i ljuset av de nya, särskilda domstolarna på området, Patent- och marknadsdomstolen och Patent- och marknadsöverdomstolen. Liksom tidigare understryks den nationella immaterialrättens beroende av framför allt den europeiska men även den internationella utvecklingen.Boken vänder sig till varje jurist som vill fördjupa sina kunskaper i immaterialrätt eller ha en pålitlig bok att slå i. Den kan med fördel användas på olika nivåer och i olika syften. Den insiktsfulla och problemorienterade framställningen liksom de många hänvisningarna till praxis och doktrin gör den till en värdefull rättskälla på området.
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| 3. |
- Lundstedt, Lydia, 1965-
(författare)
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Territoriality in Intellectual Property Law : A comparative study of the interpretation and operation of the territoriality principle in the resolution of transborder intellectual property infringement disputes with respect to international civil jurisdiction, applicable law and the territorial scope of application of substantive intellectual property law in the European Union and United States
- 2016
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The principle of territoriality is a truism in intellectual property (IP) law. A premise underlying the principle is the right of each state to determine the extent to which IP rights exist and are protected within its own territory to fulfil its own economic, social and cultural policy goals. This is done by giving a right to prevent others from doing within the protected territory any of the acts that are exclusively reserved to the right holder under the IP statute that granted or protects the IP right. The principle of territoriality informs that IP rights granted or protected by a state are independent from those granted or protected by other states, and that the rights conferred under each state’s IP law are limited to the territory of that state. As the principle of territoriality neatly allocated jurisdiction among states on a territorial basis, it purportedly obviated the need for private international law. Each state exercised jurisdiction over the infringement of its own rights and applied its own domestic IP law, which served the interests of the states and of the parties.With the increase in the protection and exploitation of IP rights across national borders, infringements do not remain within hermetically sealed national territories. Acts taken in one state can have effects in other states and impair the policies that the rights were designed to fulfil. This raises questions concerning the territorial scope of application of the domestic IP law, that is, whether it is interpreted with respect to a domestic tangible act, effects on a domestic policy goal or both. In addition, the transborder exploitation of IP rights raises questions of private international law with respect to whether states exercise jurisdiction and apply national law to disputes concerning infringements of their domestic rights or whether states exercise jurisdiction and apply national law to disputes arising from acts committed in their territories (or both). These determinations may depend on different factors such as the different interests taken into consideration (e.g. state or party interests), the different legal traditions upon which the legal systems are based and the characteristics and functions of the IP rights themselves.This dissertation compares the interpretation and operation of the principle of territoriality of IP law in the private law resolution of transborder IP infringement disputes in the legal systems of the European Union and the United States, two distinctly different legal systems that have significant trade and investment relations with each other. The comparison shows that while the systems are functionally similar, the principle of territoriality is interpreted and operates somewhat differently in the two legal systems.
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| 4. |
- Hellstadius, Åsa, 1974-
(författare)
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A Quest for Clarity : Reconstructing Standards for the Patent Law Morality Exclusion
- 2015
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The accumulated importance of the patent law morality exclusion over the recent decades has been prompted by the increased protection sought for biotechnological inventions. This raises specific ethical concerns such as the respect for human dignity. The morality exclusion is regarded as an indispensable safeguard in the patent system of the 21st century, but its application and scope remains unclear, not least due to a division of competence between the European Union (EU), the European Patent Organisation and national Member States. In addition, the international Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the auspices of the World Trade Organization (WTO) sets minimum standards for the operation of the morality exclusion.In this study the scope, interpretation and application of the morality exclusion in European and international patent law is described and analysed by applying the legal dogmatic method. The object of study is the European patent law morality exclusion in terms of Article 53(a) and Rule 28 of the European Patent Convention and Article 6 of Directive 98/44/EC on the legal protection of biotechnological inventions. A connected purpose of this study is to describe, problematize and analyse the compliance by the regional rules (EU, European Patent Organisation) with the international framework provided by Article 27.2 of the TRIPS Agreement. Although this study is not limited to specific technologies, the majority of issues raised are done so in relation to the morality exclusion concerning biotechnological inventions, which is reflected in this work. Furthermore, the theoretical framework is dependent on the functioning of the morality exclusion in the respective systems, both regional (EU, European Patent Organisation) and international (WTO). This approach necessitates a consideration of the characteristics of each legal system.This thesis uncovers the differences in the interpretation of the morality exclusion (both within as well as between the legal systems), which causes legal uncertainty in this particularly complex field where patent law and ethics interact. The effects of such variations on the scope and application of the morality exclusion are clarified and critically reviewed. According to the wording of the morality exclusion, the commercial exploitation of an invention with regard to morality or ordre public is a central prerequisite in the assessment of excluded subject matter. Consequently, the interpretation of this particular requirement is subject to critical review, since its implications are decisive for the scope of application of the morality exclusion. It is furthermore questioned whether the European morality exclusions are TRIPS-compliant, and the possible effects (and available remedies) of non-compliance for the EU legal order are analysed. This in turn involves issues of norm conflicts in international and EU law. The author presents a critical analysis, investigates the interaction between legal systems and suggests clarifications in order to attain the optimal functioning of the morality exclusion.
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| 5. |
- Hellberg, Jonas, 1973-
(författare)
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Skadestånd vid patentintrång
- 2014
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Damages are generally considered to be the most central and important sanction for patent infringement, as they are the patent holder’s only opportunity to be financially compensated for losses suffered as a result of infringement. As patent has become increasingly important in line with rapid economic and technological development in society, the sanctions – including damages – have also received more attention, both nationally and internationally.The party seeking damages must, according to general rules of procedure and evidence, be fully able to “prove” that some sort of loss has occurred, that the loss extends to the amount being claimed in damages, and that the loss was caused by the patent infringement. In practice, this has proven very difficult for the patent holder.The aim of this dissertation is to examine the effectiveness of damages in patent infringement cases. In order to analyse damages as a sanction for patent infringement, what problems there are, and what solutions may be possible, the dissertation addresses both damages as a sanction and the patent litigation process with a special focus on evidence.What purpose imposed damages for patent infringement serve and whether it is possible to calculate if patent infringement is profitable are some of the questions answered. Other issues concerning alternative calculation methods and the possibility of punitive damages for deliberate infringement are also discussed. One section analyses the need for evidence relief rules with a relatively comprehensive de lege ferenda argument regarding the possibility of changing current evidence rules and which alternative solutions might then be considered. Concrete suggestions for change and improvement are presented. The dissertation also addresses problems with the current dispute resolution system within patent law. In particular, it analyses the efficiency of the litigation process, including potential changes intended to deal with the long, complex, and costly patent litigation processes.
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| 7. |
- Papadopoulou, Frantzeska, 1977-
(författare)
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Opening Pandora's Box : Exploring Flexibilities and Alternatives for Protecting Traditional Knowledge and Genetic Resources under the Intellectual Property Framework
- 2014
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- What happens when resources get valuable and scarce? How is Intellectual Property dealing with market failures related to sub-patentable innovation or purely traditional knowledge with interesting applications? The protection of traditional knowledge and genetic resources (TKGR) has been one of the major modern challenges in international IP law. The entry into force of the Convention on Biological Diversity (CBD) and its implementation in national legislation has created more questions than the ones it answered.The objective of this dissertation is to assist in the evaluation of current national and regional implementation initiatives as well in the presentation and evaluation of different forms of entitlements that could be applicable in the case of TKGR. The dissertation has employed a theoretical framework for this evaluation, by combining the Coase Theorem and Rawls' theory of justice. The choice of these two theoretical models is not a random one. In order for the entitlement covering TKGR to be successful, it has to be efficient. It has to offer a stable and efficient marketplace where access to TKGR is possible without unnecessary frictions. However, efficiency could not be the only objective. An entitlement focusing solely on efficiency would fall short of the needs and special considerations of TKGR trade. It would above all be counter to the objectives and major principles of the CBD, the “fair and equitable sharing of the benefits” and would certainly fail to address the very important North-South perspective. Fairness is thus a necessary complement to the efficiency of the proposed entitlement.This dissertation proposes a thorough investigation of the special characteristics, of right-holders, subject-matter, market place as well as of the general expectations that an entitlement is supposed to fulfill. In parallel to that, it looks into the meaning and scope of alternative entitlements in order to be able to propose the best alternative.
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| 10. |
- Levin, Marianne, 1942-
(författare)
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The pendulum keeps swinging
- 2011
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Ingår i: Intellectual Property Rights In A Fair World Trade System. - : Edwar Elgar Publishing. - 9781849800099 ; , s. 3-60
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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