Intellectual Property, Finland updates

Reputation parasitism: functioning concept or failed attempt?
  • Finland
  • August 29 2016

'Reputation parasitism' refers to the exploitation of a competitor's goodwill in marketing, where consumers are not misled regarding a product's commercial origin. Reputation parasitism is often used as secondary grounds for action in Market Court litigation. However, it remains difficult to convince the court that goodwill has been exploited when consumers have not been misled about a product's commercial origin.

Reform of Finnish domain name regime
  • Finland
  • July 04 2016

Legislation concerning '.fi' country code top-level domain names will soon undergo significant amendments, as the Domain Name Act is set to be repealed. Changes include the abolishment of local presence requirements and the adoption of the registry-registrar model. Overall, the reform represents a welcome change; however, it may lead to an increased risk of cybersquatting and domain name parking.

Every IP right starts with a secret: impact of Trade Secrets Directive
  • Finland
  • May 09 2016

The EU Trade Secrets Directive was approved by the European Parliament in April 2016 and member states now have two years to implement the directive into national legislation. The directive will impose changes on Finnish legislation and Finland will at least need to harmonise the different definitions of 'trade secret'. Further, the term 'trade secret holder', which is defined in the directive, will be defined in Finnish legislation for the first time.

Changes to Trademarks Act – one step behind
  • Finland
  • April 04 2016

The Trademarks Act 1964 has naturally been subject to several partial reforms over the years and the need for a complete reform of the act was acknowledged in a 2001 ministry report. However, in a newly presented government proposal, it has been considered more practical to carry out a complete reform in connection with implementation of the new EU Trademark Directive in 2019.

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