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KPMG Law | Sweden | 28 Jul 2021

Ontario expands rapid testing for essential businesses

The Ontario government, in partnership with the Ontario Chamber of Commerce, recently launched the Provincial Antigen Screening Program allowing all essential businesses to access free covid-19 rapid testing. Eligible businesses with on-site staff are being encourage by the Ontario government to partake in the initiative.
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Mannheimer Swartling | Sweden | 27 Jul 2021

New guidance on compensation reductions due to provision of incorrect information

The Supreme Court has issued a judgment establishing guidance on adjusting insurance compensation following a case in which an insured party maintained inaccurate information that had been provided to the insurer prior to the current claim.
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Westerberg & Partners Advokatbyrå Ab | Sweden | 19 Jul 2021

Copyright prohibitions in interests of spiritual cultivation

The basic rule under Swedish law is that copyright protection lasts for the life of the author plus an additional 70 years. However, as an exception to this rule, section 51 of the Copyright Act provides additional protection after this period has lapsed for works of great cultural importance. This provision was recently tried by the Patent and Market Court for the first time.
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Berggren Oy | Denmark, Finland, Iceland, etc. | 12 Jul 2021

Nordic countries dominate EIS again

The Nordic countries have long enjoyed a reputation for being among the most business friendly locations for innovation-oriented enterprises. The recently released European Commission's 2021 Innovation Scoreboard, which ranks countries based on factors such as their information technologies and intellectual assets, reflects the innovative culture and the effective support provided by the......
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Advokatfirman Lindahl | Sweden | 12 Jul 2021

New official report on species protection

The Species Protection Inquiry, which was established in 2020 to review the regulation concerning species protection, recently submitted its final report, "Protection of Species – our communal responsibility", to the government. The report has been received with differing opinions on the suggested changes to the regulation. Any reform that clarifies the species protection regulation is warmly......
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Wistrand | Sweden | 7 Jul 2021

Unauthorised absence considered serious breach of employment obligations

Recently, the Labour Court ruled on a case that involved a policeman who had called in sick while on a trip for which he had been granted insufficient holiday leave. The Labour Court found that there were sufficient legal grounds for summary dismissal of the policeman. The judgment confirms that unauthorised absence is regarded as a serious breach of employment obligations in labour law,......
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Westerberg & Partners Advokatbyrå Ab | Sweden | 5 Jul 2021

Bad faith trademark registration

The possibility of invalidating trademark registrations on the basis of bad faith is an interesting and developing field of trademark law. New Swedish jurisprudence concerning bad faith has made it clear that evidence to substantiate nebulous claims about what is in a trademark applicant's mind in such cases is of central importance. In a new judgment, the Patent and Market Court carefully......
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Westerberg & Partners Advokatbyrå Ab | European Union, Sweden | 7 Jun 2021

Recent wave of decisions clarifies position on concept of bad faith

Following the European Court of Justice's (ECJ's) pioneering decision in Lindt & Sprüngli, the concept of bad faith as a ground for revocation of trademarks is nothing new from an EU perspective. However, Swedish case law dealing with bad-faith registrations has so far been limited and the Patent and Market Court of Appeal only recently addressed this issue. This article discusses a series of......
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Westerberg & Partners Advokatbyrå Ab | European Union, Sweden | 31 May 2021

Submission of evidence in court proceedings does not constitute copyright infringement

Whether the submission of copyright-protected materials as evidence in court proceedings can constitute copyright infringement has been the subject of much discussion in Sweden. By applying the European Court of Justice's preliminary ruling on a recent case, the Patent and Market Court of Appeal has now determined affirmatively that copyright-protected materials can be freely submitted as......
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Westerberg & Partners Advokatbyrå Ab | Sweden | 24 May 2021

Spirit drink PDO versus trademark registration

A recent Administrative Court of Malmö judgment sheds light on the balance between national registered trademarks and protected designations of origin (PDOs) in the spirit drink sector, which has been the subject of several recent cases. The court found that the use of the trademark KULLADOS for a cider spirit infringed the PDO Calvados and that the granted national trademark for KULLADOS did......
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