Law (2016:188) If Patent And Market Courts

Original Language Title: Lag (2016:188) om patent- och marknadsdomstolar

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2016:188

/Entry into force: 2016-09-01/

Chapter 1. Introductory provisions



section 1 of this Act apply to the processing of cases in the patents and the market Court and Patent and market superior court and in the Supreme Court such dealing resulting from the provisions of this law.



section 2 of the Patent and market Court is the Stockholm District Court.



Patent-och marknadsöverdomstol, Svea Court of appeal.



paragraph 3 of the Patent and market judgments and decisions may be appealed to Patent and market superior court, unless otherwise provided.



Patents and marknadsöverdomstolens judgments in criminal cases may be appealed to the Supreme Court, unless otherwise provided.



Patents and marknadsöverdomstolens judgments in civil cases and cases may not be appealed. However, patent and market superior court, except in the cases referred to in

Chapter 4. section 13 of the Competition Act (2008:579), allow a ruling may be appealed to the Supreme Court if it is of importance for the management of the law that the appeal be heard by the Supreme Court.



section 4 of the Patent and market Court hears cases as provided in 1. Code (1949:345) on the right to employees ' inventions, Patents Act (1967:837), Act (1971:1078) on defence inventions Act (1978:152) on Swedish jurisdiction in certain cases on patent law, etc. and växtförädlarrätts Act (1997:306), 2. Act (1960:729) on copyright in literary and artistic works, designs Act (1970:485), trade names Act (1974:156), the Act (1992:1685) on the protection of topographies of semiconductor products and trademarks Act (2010:1877), 3. Competition Act (2008:579), marketing (2008:486), law (1984:292) If contract terms between businesses, the Act (1994:1512) on contractual conditions in consumer relationships, Act (2000:1175) concerning the locus standi of certain foreign consumer authorities, consumer organisations, the insurance contracts Act (2005:104), Act (2005:590) on the transparency of financial relations, etc., Act (2006:484) on franchisegivares information obligation, the law (2010:510) on air transport, the Act (2010:1350) concerning the obligation to provide market and competitive conditions, the law (2014:836) on disqualification and the law (2014:1344) with additional provisions applicable to EU 's train, ship and bus passenger regulations, and



4. any other law.



section 5 in connection with civil proceedings referred to in paragraph 4, Patent and market Court also try another civil case between the same or different parties, if the Court considers that it is appropriate for the purposes of the investigation and the circumstances of the case. However, the Court may not adjudicate a dispute to be dealt with under the Act (1974:371) on trial in labour disputes.



section 6 of the provisions in chapter 19. 3 – 12 of the code of judicial procedure shall apply also in relation to Patents and the market Court and Patent and market superior court, in which case the Patent and market Court shall be assimilated to such other General under the right referred to in chapter 19. first paragraph of section 9 of the code of judicial procedure. In the prosecution of offences under the laws referred to in section 4(1) shall not, however, 19. 3, 6 and 7 of the code of judicial procedure to be applied.



section 7 of the Patent and market superior court review applications for stature, wailing over domvilla and restitutio in integrum as regards a judgment or a decision of the Patent and the market court or a decision of an administrative authority, if the judgment should have been appealed to the Patent and the market Court. In dealing with the code of judicial procedure to be applied where the application relates to a decision in a case and otherwise Act (1996:242) about court cases.



Chapter 2. Members section 1 of the Patent and the market Court and Patent and market superior court there shall be a judge-in-training and patent counsel.



In the courts sentence too technical and economic experts and jurors. Patent advice and technical experts are referred to in this law technical members.



The presiding judge shall always be a legally qualified judges.



section 2 of the Government or the authority that the Government appoints the judges of the scholars in the Stockholm District Court and Court of Appeal who will serve in the patents and the market court or the Patent and market superior court.



section 3 of the Act (2010:1390) appointing judges provides for the appointment of patent counsel.



The Government or the authority that the Government hires Temps for patent advice and appoints technical and economic experts in Patents and the market Court and Patent and market superior court.



Technical and economic experts may be appointed for a fixed period. If while an economic or technical expert involved in the processing of a case or matter, a circumstance that causes the appointment cease to apply, the appointment nevertheless apply in the present case or matter. The who will serve as economic or technical expert must be a Swedish citizen and must not be a minor, bankrupt State or have managers under

11 kap. 7 § parental code.



4 section a technical Member shall have technical or other relevant education and experience of such matters which are dealt with in the patent and market courts.



A financial expert should have financial or other relevant education and experience of such matters which are dealt with in the patent and market courts.



paragraph 5 of The jurors who will be involved in Patent and market Court will be jurors in the Stockholm District Court.



The jurors who will participate in the Patent and marknadsöverdomstolens rulings to be jurors in the Svea Court of appeal.



Chapter 3. Process management by objective 1 § in case applied the rules of the provisions on civil or criminal proceedings, unless otherwise provided in this or any other law.



Handling cases section 2 in which begins in Patent and market Court, an appeal of an administrative decision by the law (1996:242) about court cases, unless otherwise provided in this or any other law.



In particular, it is regulated that the law of court cases in some cases is applicable also in beginning of the Patent and the market Court by application.



section 3 of the Swedish Patent and registration office shall not be a party to the proceedings in respect of an objection to a patent under the Patents Act (1967:837) or against a registration under the design Protection Act (1970:485) or the trademark Act (2010:1877). The State's agricultural work should not be a party to the proceedings in cases of opposition against registration under växtförädlarrätts Act (1997:306).



section 4 in respect of an objection to a patent under the Patents Act (1967:837) or against a registration under the design Protection Act (1970:485), växtförädlarrätts Act (1997:306) or the trademark Act (2010:1877), each Party shall be responsible for its own costs, unless there are special grounds.



Dealing with matters of award of liquidated damages



paragraph 5 of the Goals if the imposition of liquidated damages shall be dealt with in accordance with the rules of the code of judicial procedure concerning the prosecution of criminal offences, for which more severe punishment than a fine is not prescribed.



Joinder of cases



section 6 Also in cases other than those provided for in the code of judicial procedure, case or cases referred to in Chapter 1. paragraph 4 be dealt with in other cases or cases referred to in Chapter 1. 4 § in a trial, if the Court considers that it is appropriate for the purposes of the investigation and the circumstances of the case. Case or cases where there is a need for technical expertise, however, should not be dealt with in the same trial as the case or cases where there is a need for financial expertise.



Joined cases may be distinguished when there are reasons for it.



section 7 of the civil proceedings referred to in Chapter 1. 4 section and civil proceedings referred to in paragraph 5 of the same chapter shall be dealt with in a Court of law.



Vote



section 8 If both scholars judge and technical members and financial experts are included in the right to vote, the judges at first, scholars say, and then the technical members and financial experts. If the target or the case has been prepared by a certain Member says he or she his opinion first.



New facts and new evidence



section 9 provisions of chapter 42. 15 and 15A sections and 50 Cape. the third paragraph of section 25 of the code of judicial procedure should also apply in civil cases, where conciliation on the matter are not permitted, and in the cases.



Questioning of a party under section 10 of the affidavit in the case, it held hearings with a party under oath pursuant to chapter 37. the code of judicial procedure.



Chapter 4. The composition of Patent and market Court



Target



section 1 at the main hearing in the cases referred to in Chapter 1. 4 § 1, Patent and market Court consist of four members, two of whom shall be a judge-in-training and two technical members. If there are reasons for it, the number of scholars judge expands with a. The same is true of the number of technical members. If there is no need for technical expertise, right in place consist of three judges-in-training.





In the cases referred to in Chapter 1. 3 a of the second and third paragraphs of the code of judicial procedure shall consist of legally qualified judge or a legally qualified judges and a technical director.



section 2 of the targets referred to in Chapter 1. 4 § 1, Patent and market the Court ruling of a case without


main hearing and at other treatment which does not take place at the main hearing may consist of a legally qualified judge or a legally qualified judges and a technical director. If there are special reasons for it in the light of the objective or the question, the right to have the composition specified in paragraph 1(1), at the decision of a case without a hearing and in the examination of matters related to the trial.



section 3 of the objectives referred to in Chapter 1. 4 § 1, Patent and market Court, in the cases referred to in Chapter 1. 3 (d) of the code of judicial procedure, consist of a legally qualified judge or a legally qualified judges and a technical director.



4 section at the main hearing in the cases referred to in Chapter 1. 4 § 3, Patent and market Court consist of four members, two of whom shall be a judge-in-training and two financial experts. If there are reasons for it, the number of scholars judge expands with a. The same is true of the number of economic experts. If there is no need for economic expertise, right in place consist of three judges-in-training.



In the cases referred to in Chapter 1. 3 a of the second and third paragraphs of the code of judicial procedure shall consist of legally qualified judge or a legally qualified judges and an economic expert.



§ 5 in the case referred to in Chapter 1. 4 § 3, the Patent and the market Court on the judgment of a case without a hearing and in the different treatment that does not take place at the main hearing may consist of a legally qualified judge or a legally qualified judges and an economic expert. If there are special reasons for it in the light of the objective or the question, the right to have the composition specified in paragraph 4(1) in determining a target without a main hearing and at the trial of the issues relating to the trial.



section 6 of the objectives referred to in Chapter 1. 4 § 3, Patent and market Court, in the cases referred to in Chapter 1. 3 (d) of the code of judicial procedure, consist of a legally qualified judge or a legally qualified judges and an economic expert.



Cases section 7 at decisive, in substance, by the cases referred to in Chapter 1. 4 § 1, Patent and market Court consist of three members, of which at least one shall be a legally qualified judges and, if there is a need for technical expertise, one or two members should be technical. If there are special reasons for the Court to take account of the matter shall consist of four members, two of whom shall be a judge-in-training and two members should be technical.



If there is sufficient in the light of the case, the Patent and the market court instead consist of a legally qualified judge or a legally qualified judges and a technical director.



At the different handling of a case referred to in the first paragraph, the Patent and the market Court consist of a legally qualified judge or a legally qualified judges and a technical director.



section 8 at key, in substance, by the cases referred to in Chapter 1. 4 § 3, Patent and market Court consist of three members, of which at least one shall be a legally qualified judges and, if there is a need for financial expertise, one or two will be financial experts. If there are special reasons for the Court to take account of the matter shall consist of four members, two of whom shall be a judge-in-training and two to be financial experts.



If there is sufficient in the light of the case, the Patent and the market court instead consist of a legally qualified judge or a legally qualified judges and an economic expert.



At the different handling of a case referred to in the first paragraph, the Patent and the market Court consist of a legally qualified judge or a legally qualified judges and an economic expert.



Preparatory actions



section 9 in the case of processing operations in such matters as referred to in Chapter 1. 4 § 1 and 3 are applied Chapter 1. 3 e § code of judicial procedure.



Technical or commercial expertise



section 10 whether it should include other than scholars judge in court, the presiding judge determines which technical members and financial experts to be included in view of the expertise required and the other circumstances of the case or matter.



Unavailable for a Member



section 11 Of the Patent and the market Court in a case referred to in Chapter 1. paragraph 4 or in a case referred to in the same paragraph 1 or 3 consists of more than two members and one Member is prevented from attending the main hearing or equivalent processing has begun, is right yet attained if one of the remaining members are legally qualified judge.



Chapter 5. The composition of Patent and market superior court



Target



§ 1 in case of targets referred to in Chapter 1. 4 § 1, Patent and market superior court judges consist of at least three scholars.

If the three scholars, judges have taken part in the Patent and market the Court's decision, however, at least four scholars judge participate in Patent and marknadsöverdomstolens crucial.

If one or more technical members have participated in Patent and market Court will be at least the same number of technical members participate in Patent and marknadsöverdomstolens crucial. Patent and market superior court, however, is attained without technical members of the participation of such members are not needed. More than five scholars judge and three technical members may not participate in the decision of the Court.



When deciding on the cancellation of a case referred to in the first paragraph after the withdrawal or after an appeal expired at a meeting referred to in Chapter 50. section 10 or 51 Cape. section 10 of the code of judicial procedure the Court consist of a legally qualified judges. The same applies when deciding on the removal of Patent and market Court since the claim withdrawn.



2 section At different processing than decisive of the case referred to in Chapter 1. 4 § 1 and in the treatment of issues of certiorari in this case to Patent and market superior court composed of three judges-in-training. A Technical Director may be included in the law instead of a legally qualified judges. A leave to appeal which is not limited by 49. 14 (a) of the code of judicial procedure, issued by a legally qualified judges, the question is simple.



3 § at decisive of the case referred to in Chapter 1. 4 § 3, Patent and market superior court judges consist of at least three scholars.

If the three scholars, judges have taken part in the Patent and market the Court's decision, however, at least four scholars judge participate in Patent and marknadsöverdomstolens crucial.

If one or several economic experts have participated in the Patent and market Court, at least the same number of economic experts participate in the Patent and marknadsöverdomstolens crucial. Patent and market superior court, however, is attained without financial experts about the participation of such experts are not needed. More than five scholars judge and three financial experts may not participate in the decision of the Court.



When deciding on the cancellation of a case referred to in the first paragraph after the withdrawal or after an appeal expired at a meeting referred to in Chapter 50. section 10 or 51 Cape. section 10 of the code of judicial procedure the Court consist of a legally qualified judges. The same applies when deciding on the removal of Patent and market Court since the claim withdrawn.



4 section At different processing than decisive of the case referred to in Chapter 1. 4 section 3 and in the treatment of issues of certiorari in this case to Patent and market superior court composed of three judges-in-training. An economic expert may be included in the law instead of a legally qualified judges. A leave to appeal which is not limited by 49. 14 (a) of the code of judicial procedure, issued by a legally qualified judges, the question is simple.



Cases



§ 5 in the decision of the cases referred to in Chapter 1. 4 § 1, Patent and market superior court consist of four members. About patents and the market Court has consisted of four members to Patent and market superior court instead consist of five members. The number of technical members who participate in the Patent and marknadsöverdomstolens key should be the same as the number of technical members who have participated in the Patent and the market Court. The number of scholars judge involved in patenting and marknadsöverdomstolens key should be more than the number of scholars who have participated in the patents and the market Court.



If the Patent and market superior court does not need the involvement of technical members, despite the fact that one or more such members have participated in the patents and the market Court, the law instead of that specified in the first subparagraph shall consist of three judges-in-training. The same applies for patents and the market Court has consisted of a legally qualified judges.



When deciding on the cancellation of a case referred to in the first paragraph after the withdrawal and at the Elimination of Patents and the market Court since the application has been withdrawn, the Court shall consist of a legally qualified judges.



6 § At different processing than conclusive of the matters referred to in Chapter 1. 4 § 1 and in the treatment of questions concerning leave to appeal in such matters to Patent and market superior court composed of three judges-in-training. A Technical Director may be included in the law instead of a legally qualified judges. A leave to appeal which is not limited by 49. 14 (a) of the code of judicial procedure, issued by a legally qualified judges, the question is simple.



section 7 By decision of the cases referred to in Chapter 1. 4 § 3, Patent and market superior court consist of four members. About patents and the market Court has consisted of four members


to Patent and market superior court instead consist of five members. The number of economic experts participating in the Patent and marknadsöverdomstolens key should be the same as the number of financial experts who have participated in the Patent and the market Court. The number of scholars judge involved in patenting and marknadsöverdomstolens key should be more than the number of scholars who have participated in the patents and the market Court.



If the Patent and market superior court does not need the participation of financial experts, despite the fact that one or more such experts have participated in the patents and the market Court, the law instead of that specified in the first subparagraph shall consist of three judges-in-training. The same applies for patents and the market Court has consisted of a legally qualified judges.



When deciding on the cancellation of a case referred to in the first paragraph after the withdrawal and at the Elimination of Patents and the market Court since the application has been withdrawn, the Court shall consist of a legally qualified judges.



section 8 At different processing than conclusive of the matters referred to in Chapter 1. 4 section 3 and in the treatment of questions concerning leave to appeal in such matters to Patent and market superior court composed of three judges-in-training. An economic expert may be included in the law instead of a legally qualified judges. A leave to appeal which is not limited by 49. 14 (a) of the code of judicial procedure, issued by a legally qualified judges, the question is simple.



Preparatory actions



section 9 in the case of processing operations in such matters as referred to in Chapter 1. 4 § 1 and 3 apply Chapter 2. the fifth and sixth subparagraphs of paragraph 4 of the code of judicial procedure.



Specific remedies



section 10 During examination of an application for revision, wailing over domvilla or restitutio in integrum as regards a case or matter referred to in Chapter 1. 4 § 1, Patent and market superior court composed of three judges-in-training. A Technical Director may be included in the law instead of a legally qualified judges.



When assessing an application for revision, wailing over domvilla or restitutio in integrum as regards a case or matter referred to in Chapter 1. 4 § 3, Patent and market superior court composed of three judges-in-training. An economic expert may be included in the law instead of a legally qualified judges.



Technical or commercial expertise



section 11 to include other than scholars judge in court, the presiding judge determines which technical members and financial experts to be included in view of the expertise required and the other circumstances of the case or matter.



Unavailable for a Member



section 12 Of the Patent and market superior court in a case referred to in Chapter 1. paragraph 4 or in a case referred to in the same paragraph 1 or 3 consists of more than two members and one Member is prevented from attending the main hearing or equivalent processing has begun, is right yet attained if one of the remaining members are legally qualified judge.