Lindahl is one of Sweden’s leading legal advisors on intellectual property law and is highly ranked by international ranking institutions. Our experts offer high-quality advice in the field of intellectual property law.
Lindahl regularly advises clients on patents, trademark law, copyright law, design law and marketing law. Our experts have extensive experience of helping our clients with IP strategies and ongoing management of clients’ trademarks and patterns when applying, maintaining and defending registration and rights.
“A great choice for any kind of trademark instruction, Lindahl works quickly and bases its advice on solid facts and a great legal background. Its lawyers are super-skilled, open, honest, and have succeeded in every case they have been involved in.”
There is a growing need
Lindahl also provides advice on intellectual property law in transactions, for example in connection with acquisitions, establishment of new entities and financing. Licenses and transfers of know-how and rights of various kinds are an important way of commercializing intellectual property rights, particularly in the field of life science. We see a growing need for advice in this area and have considerable experience of negotiating and drafting agreements regarding licensing of protected rights.
Disputes in the field of intellectual property law require specific expertise, particularly in view of the fact that cases are often highly complex and often involve more than one country. Our lawyers have significant experience of dealing with commercial disputes and we regularly handle commercial disputes at an international level through our extensive networks.
We work together to provide our clients with straightforward answers and clear advice, regardless of the complexity of the assignment.
Intellectual property law and marketing law
Intellectual property rights such as trademarks are often one of a company’s most important and valuable assets. In a market that is becoming increasingly international, intellectual property rights are also valuable and important competitive assets.
A company’s intellectual property assets may consist of ideas, technical solutions, distinctive marks or the appearance of products and these may be protected by such means as patents, trademark protection and copyright.
In most cases, an entity that wishes to protect its assets needs to apply and register its rights. The Swedish Patent and Registration Office (Patent- och registreringsverket (PRV)) is the authority that registers trademarks as well as designs and grants patents in Sweden. Similarly, other authorities such as the WIPO deal with international trademark and design registrations, whereas the EUIPO deals with EU trademarks and EU designs.
The protection a trader needs depends on what has been created. A product or an idea can often be protected in several ways, for example by means of a patent for the technical solution and through design protection for its appearance.
In simple terms, one could say that the different types of protection are divided as follows:
- A new technological innovation or solution to a problem can be protected by means of a patent.
- Trademark protection provides a trader with protection for the distinctive mark used by the company for its products or services
- It may be possible to obtain protection through copyright for artistic expression in the form of music, literature or computer programs, for example.
- An innovative design, shape or pattern can be protected in the form of design protection, which applies to both industrial and artisanal products
- For example, marketing law may provide protection against the use by a third party of misleading copies, discreditable statements and exaggerated claims about the characteristics of products
Frequently asked questions
What is an intellectual property rights strategy?
An intellectual property rights strategy, also known as an IPR strategy, is a strategy for managing a company's intellectual property rights. The strategy aims to provide guidelines on how the company’s intellectual property rights should be discovered, managed, protected and commercialised in order to provide the greatest possible business benefit.
Should I have my intellectual property assets valued?
Intellectual property assets often account for a very large proportion of a company's value. There can therefore be many reasons to have them valued. For example, a valuation may be necessary when licensing an intellectual property asset when you want to obtain an estimate of future licensing fees. It may also be appropriate if you plan to buy or sell rights or entire companies.
Can I hold intellectual property rights as a private individual?
Yes. If, as a private individual, you have created an intellectual property right that may be protected, you can also attempt to register it in a suitable way and perhaps subsequently sell or lease it to someone else. If someone else begins to manufacture or sell products that infringe your rights, there may be a possibility of adopting legal measures and attempting to stop the infringement.
What is the difference between a patent and pattern protection?
A design registration protects the appearance of the product but not the function. A patent protects the technical solution to a problem but not the appearance of the product.
What does an infringement of intellectual property rights mean?
Manufacturing or marketing goods or products that infringe an intellectual property right may mean that the rights holder can obtain a ban on further manufacturing and can also result in liability for damages. It is therefore important to keep your eyes open to detect any such infringement in order to be able to act in time. It is equally important not to commit any infringement yourself, which is why you should always investigate this before you yourself begin marketing or manufacturing new products or providing services.
Is a company name an intellectual property right?
Yes, that right comes under what are referred to as business names. Other distinctive marks besides a company name that a trader uses for its business are known as secondary marks. Business names are protected by an exclusive right through registration or through extensive use of the same.
How do I register a business name?
Registration of business names is dealt with by the Swedish Companies Registration Office (Bolagsverket). Protection arises in all or part of the country, depending on the form of company that is registered. The protection is valid until it is deregistered, cancelled or through the loss of a use-based right. Inaction can therefore lead to loss of the right.
Please don’t hesitate to contact us if you need advice in trademark law, patent law, copyright law, design law or marketing law.
