In eight landmark decisions, the Patent and Market Court of Appeal decided that the terms for already granted supplementary protection certificates (SPCs) should be recalculated in order to reflect a 2015 European Court of Justice decision regarding the method for calculating SPC terms under EU Regulation 469/2009. Several pharmaceutical companies that had been granted SPCs noted that the Patent and Registration Office's method of calculating SPC terms was not in line with EU law.
After years of intense debate, a new government bill will give the Competition Authority greater decision-making powers in relation to notified mergers in Sweden. An official government report states that the authority's decision-making powers should lead to an increased incentive for fast, high-quality decision making and eliminate time losses that might arise as a result of the authority preparing a lawsuit instead of a decision.
The Supreme Court recently clarified that copyright infringement is not a crime where the presumed penalty is imprisonment. This decision marks a change in relation to previous case law regarding the penalty for copyright infringement through illegal file sharing. The Supreme Court has now aligned the view on the severity of IP infringements. This is a welcome development, although rights holders may have benefited from a stricter view and a development in the opposite direction.
The Land and Environment Court of Appeal recently determined a case regarding exemption from national provisions to protect the fungus species Sarcosoma globosum. While the ruling provides some nuance and clarification, the case has since been subject to interesting and varying interpretations by land owners, authorities and law practitioners.
The government recently presented a bill to Parliament suggesting changes to the electricity certificate system – Sweden's primary support system for renewable energy. Producers of renewable energy receive one certificate per megawatt hour of renewable energy produced. The government is now proposing to extend the certificate system to 2045 and to increase total quota obligations with an additional 18 terrawatt hours until 2030.
The holder of an IP right which considers that right to be infringed will often seek a preliminary injunction. If the injunction is wrongfully granted and then overturned, the plaintiff is liable to pay damages to the defendant. A recent Supreme Court case discussed several issues relevant to proceedings concerning such damages and damages in general and is likely to be a leading case for years to come.
The Dental and Pharmaceutical Benefits Agency recently reassessed the reimbursement status of Cerezyme and VPRIV – two products indicated against Gaucher's disease – and decided to decrease the products' prices. This caused the marketing authorisation holders behind the products to withdraw them from the reimbursement system. Consequently, there is no longer a product against Gaucher's disease that is nationally reimbursed in Sweden.
The Cross-party Committee on Environmental Objectives recently presented its final report, "A climate policy framework for Sweden". The Climate Policy Framework is a result of a cross-party political agreement that will supposedly make the climate a top issue in all policy work. The report resulted in a draft bill which was circulated for consideration. The Council on Legislation presented its views on the new Climate Act in February 2017.
In a recent case, the claimants brought forward other circumstances to demonstrate that a preparatory patent infringement had occurred. The Stockholm District Court was clear that it must be demonstrated that preparatory acts are undertaken with the intent to commit or promote patent infringement. The decision appears to indicate that stating in general terms that valid patent rights will be respected is sufficient to oppose claims of preparatory infringement.
The government recently issued new directives to review the pricing and reimbursement system and the national financing system for medicinal products. The government declared that the existing system is complex and complicated and must be improved in order to operate a modern healthcare system. The review seeks to find a clear division of responsibilities between the national government and local county councils and regions and to establish foreseeable processes for stakeholders.
The Svea Court of Appeal recently shed much-needed light on whether a right to digital use can be established through the interpretation of recording contracts from a time when such use did not even exist. The case shows how a party to a contract can be found to have consented to new terms regarding digital use through passivity and confirms that a recording artist has standing to seek an injunction on his or her own without the co-creators.
The Stockholm Patent and Market Court recently sentenced four company executives to up to 18 months in prison and ordered them to pay fines and damages amounting to several million Swedish kronor for copyright and trademark infringement through the online sale of counterfeit furniture. In light of the considerable damages, forfeiture of illegal gains and criminal liability, the story is likely to continue with an appeal.
The Environmental Court recently rejected a farmers' organisation's appeal and refused to grant a new emergency authorisation for the use of Stomp SC in Sweden regarding the commercial production of onions. According to the appellant, the decision could jeopardise the competitiveness of certain Swedish crops on the European market, since Stomp SC is allowed in other EU member states and no equally effective alternatives are available in Sweden.
The Supreme Court recently ruled on whether linking to live broadcasts of hockey games was communication to the public, and whether the live broadcasts met the requirements for copyright protection. The court made clear that the EU standard of copyright fully applies in Swedish law. Following this judgment, it would appear that these types of broadcast can rely only on the protection of related rights.
The Dental and Pharmaceutical Benefits Agency (TLV) recently denied reimbursement for an orphan drug for the treatment of chronic thromboembolic pulmonary hypertension based on a health technology assessment which took into account off-label use of treatments for pulmonary arterial hypertension (PAH). The Stockholm Administrative Court has since upheld the TLV decision, agreeing with the TLV's reasoning that the orphan drug should be compared with available PAH treatments.
The government and three opposition parties recently reached an agreement on the long-term energy policy. Among other things, the agreement sets out that by 2040, 100% of Sweden's electricity production will come from renewable energy sources. However, according to the government, this goal should not be understood as a cut-off date for nuclear energy.
In the first decision of its kind from a Swedish appellate court, a Svea Court of Appeal panel recently found that car rims do not constitute spare parts and thus enjoy the protections offered by the EU Community Designs Regulation. The court's findings give the spare parts exemption a fittingly narrow and functional interpretation in line with the regulation.
The Drinking Water Inquiry recently submitted its final report to the government. The aim of the report was to identify challenges to a secure drinking water supply from raw water sources to delivery, and to suggest relevant actions. The inquiry contains good proposals to improve planning and management of drinking water from source to tap. However, its future success relies heavily on the work of authorities within their appointed areas of responsibility.
The Supreme Administrative Court recently ruled that e-cigarettes not marketed for smoking cessation purposes should not be classified as medicinal products. The court stated that in order to be classified as a medicinal product, the product, if used as intended, must be capable of appreciably restoring, correcting or modifying physiological functions in human beings. It is not sufficient that the product has a pharmacological effect on the body's functions.
The Energy Commission recently reported on energy production conditions as part of the first phase of its work. Although the report clearly identified the difficulties for renewable energy production, it offered no solutions. In addition, there is confusion around the political landscape beyond 2020 in regard to development aims and subsidies. While the market is requesting clear post-2020 policies, Parliament is largely awaiting the commission's final results.