CONTACT

Noréns Patentbyrå AB
STOCKHOLM, SWEDEN
+46 8 545 874 00
norens@norens.se

News

Further UPC delay

The German constitutional court has today handed down a judgement with the effect that the German ratification of the Unified Patent Court (UPC) treaty is invalid. This will further delay the new European patent. It will still be possible to obtain a patent trough the European patent office, in the same way as before.

What happens with your intellectual propery rights when United Kingdom leaves the EU?

In accordance with the Withdrawal Agreement concluded between representatives of the EU and the UK on January 24, the UK will leave the EU as from 1 February 2020.

After January 31, 2020 there will be a transitional period until December 31, 2020 where the parties are negotiating about a new trade agreement. During this period, EU law still applies in the UK, and your intellectual property rights are not affected. If the parties have not agreed on a new agreement, on January 31, 2021, it will be the day of what is called a “hard Brexit”, i.e. exit without any bilateral trade agreement.

The UK has stated that registered European design and trademark rights will be transformed into national rights in the UK even in the event of a hard Brexit. Special rules may apply to applications submitted but not granted at the time of Brexit.

The existing European cooperation on patents (EPO) is not regulated by EU law and is therefore not affected by Brexit.

Noréns monitors the development and can assist with advice on these issues.

Swedish Patent Office will cease to send patent letters

Beginning in 2019, the Swedish Patent Office (SPO) will cease to send out physical patent letters. SPO referst to the publication of the patent on their web site.

A printed patent letter can still be ordered from PRV, and Noréns will order such letters for our clients.

New Swedish Trademark Legislation

In the beginning of 2019, the new Swedish trademark law will be modernized and adapted to the EU.

One important news is that the requirement for graphical reproduction is removed. It will therefore be possible for The Swedish Patent and Registration Office to register trademarks such as motion picture marks, audio trademarks with audio files and multimedia trademarks.

Another change is that any holder who receives an opposition against a newly registered trademark may request that the opponent present proof of use.

If you have questions or wish to discuss the new Swedish Trademark Act, please feel free to contact us!

Karolina Hedberg Strömbäck T +46 (0) 8 545 874 00 karolina.stromback@norens.se

Welcome Gunnar

We are very happy to welcome Gunnar Hjalt to the firm. Gunnar will take the role as head of the trademark department at Noréns.

Welcome Stefan

Noréns are very happy to velcome Stefan Lautmann to the firm. Stefan will take the role as head of patents and also support clients in patent strategy work.

Shortened time for national phase entry in Canada

Canada amends its patent law the 30 October 2019 and PCT applications filed on that day and later have to be filed within the 30-month time limit from the priority date. To be able to file late, in case of failure to meet the 30-month time limit, evidence showing that the failure was “unintentional” is required. PCT applications filed before the amendment of the law may still be filed within 42 months with an additional fee.

What if there is a hard Brexit – what about to your intellectual property rights?

There is currently uncertainty about how and when the UK will leave the EU. If there will be a soft Brexit, many intellectual property issues are dealt with in a predictable way in an agreement between the EU and the UK.  

However, a hard Brexit – and the risk for this it has increased lately – may have important implications for your intellectual property strategy in the short term. First and foremost, EU trademarks and EU designs will be affected, while patents are not affected in the same way. The existing European cooperation on patents (EPO) is not regulated by EU law and is therefore not affected by Brexit.

The UK has stated that granted EU trademarks and EU design (so-called RCDs) will be transformed into national rights in the event of a hard Brexit. Special rules may apply to applications submitted but not granted at the time of Brexit.

Noréns monitors the development and can assist with advice on these issues. March 26, 2019