In its first judgment of 2021, the Labour Court used a textbook case of misappropriation of trade secrets – where a previous employee had absconded with trade secrets and copyright-protected works that were subsequently used by his new competing venture – to clarify the method to be applied when calculating total damages under both legal regimes. It will be interesting to see how the courts interpret and apply this principle in future cases.
The Patent and Market Court of Appeal recently handed down a judgment on the validity of a patent claiming a pharmaceutical invention and the availability of corrective measures with respect to goods manufactured in countries where the patentee's consent is unnecessary. The court's examination of the latter issue reveals that Sweden has failed to properly implement the EU Enforcement Directive with respect to corrective measures.
In the Swedish legal system, the specialist IP courts handle patent infringement claims, while the general courts handle contractual claims. But such different claims can be combined and handled jointly by the specialist courts under certain circumstances. In a recent case, the Supreme Court clarified under which circumstances patent claims and such civil claims can be combined and handled jointly.
In a groundbreaking case for copyright holders and internet service providers in Sweden, the Patent and Market Court of Appeal recently declared, for the first time, that dynamic blocking injunctions are in line with Swedish legislation. Unlike regular static blocking injunctions that cover only a specific infringement by a specific infringer, dynamic blocking injunctions also cover other infringements and possibly those by other infringers.