INTELLECTUAL PROPERTY RIGHTS IN SWEDEN
First Renewal Term
Subsequent Renewal Term
The Trademark Act of 2011 (SFS 2010:1877) - is the primary law governing the mechanism of trademark registration and protection in Sweden.
For getting a trademark registered in Sweden, an application has to be filed with the Swedish Patent & Trademarks Office, PRV, which administers the entire trademark registration process.
It follows a 'first-to-file’ system, which means that trademark registration is mandatory for protection.
Sweden follows the 11th edition of Nice Classification. Multi-class trademark applications are not possible.
The third parties can file opposition actions against a trademark application within three (03) months from the date of its publication.
In Sweden, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each. Before January 1, 2019, a trademark registration was valid for ten (10) years from the date of registration.
The grace period to renew a trademark after the date of expiry is six (06) months along with a penalty fee.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Sweden is a member of the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty, and the European Patent Convention.
The Swedish Statute Book, in the version SFS, 1967:837, in force since July 1, 2014 - deals with the mechanism of patent protection in Sweden.
For seeking patent protection in Sweden, an application has to be filed with the Swedish Patent & Trademarks Office, PRV, which administers the entire process of patent grant.
In Sweden, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
Pre-grant opposition against a patent application cannot be raised in Sweden.
Patents in Sweden are valid for twenty (20) years from the filing date. The first annual fee is payable in the third year from the filing date. It should be paid by the beginning of the third year and applies to pending applications as well. All subsequent annual maintenance fees for a patent in Sweden are paid in advance before the due date, which is the last day of the month containing the anniversary of the filing date.
Late payment is possible within a grace period of six (06) months after the due date, and a surcharge of 20% applies in this scenario.
The Design Act (1970:485) - governs and deals with the mechanism of registration of industrial designs in Sweden.
For getting an industrial design registered in Sweden, an application has to be filed with the Swedish Patent & Trademarks Office, PRV, which administers the entire process of registration.
The types of industrial design applications that can be filed in Sweden include Non-Convention Application and Convention Application.
Opposition against an industrial design application can't be raised in Sweden.
A registered industrial design is valid for five (05) years from the date of filing of the application and may be extended four (04) times for successive periods of five (05) years each up to a total term of twenty-five (25) years.
The renewal fees must be paid during the last year of the current validity term.
Late payment is possible within six (06) months after the expiration of the validity term.
Sweden is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Act on Copyright in Literary and Artistic Works (1960:729) - is the basic legislation governing copyright protection in Sweden.
In Sweden, copyright comes into existence as soon as the work is created. There is no formal procedure for copyright registration.
Copyright expires at the end of seventy (70) years after the author's death, and in the case of a joint work, after the last surviving author's death.
For a cinematographic work, copyright expires at the end seventy (70) years after the death of the last survivor among the principal director, screenwriter, dialogue writer, and composer of music specifically created for the work.
For a musical work with text, copyright lasts up till the end of seventy (70) years after the death of the last surviving among the composer and lyricist, if the music and text were created specifically for the work.
For works that have been published without the authors being indicated by name, or by their widely known pseudonym or signature, copyright lasts until the end of seventy (70) years after they were made public.
Photographs published after 1994 are protected for seventy (70) years after the author's death if they have an artistic or scientific value.