Patenthavares skydd vid patentintrång - Särskilt om sanktioner

Sammanfattning: A patent is an intellectual property conferring the owner a sole right to use the invention for a period of time, in which violation results in an infringement. A vital part of patent law, and perhaps the most important one from the perspective of the patentee, is the protection of the sole right. This includes the civil and penal infringement sanctions. In order for a protection to work efficiently and satisfactory, reasonably, the rules need to be dissuasive, proportionate and work in practice. A harmonization on a European and global scale signifies the development of patent law, which has been driven forward by various international cooperation. Within the EU, the Enforcement Directive (2004/48/EC) has primarily been compiled, in order to harmonize the civil sanctions amongst the member states, with the ambition to create a stronger and more unified protection for rights holders. Sweden was convicted in the European Court of Justice due to the delay in incorporating the directive. However, a comparison of the rules before and after the incorporation show minor differences between the Swedish Patent Law and the Enforcement Directive, differences which also cannot be traced in practice. The directive does not affect the penal provisions – however, an additional directive regulating this aspect is planned. Regarding the penal provision in the Swedish Patent Law, it may be noted that the provision has had minor significance in practice. During the process of strengthening and harmonizing the European patent system, a EU patent, with associated court, has long been up for discussion. This will consist of a unified patent and is planned to be introduced in the near future. In Sweden, a new patent and market court is planned. In patent law, nationally, this entails inter alia, that all cases within intellectual property will be handled in special court. Hopefully, this will lead to more unified practice, and thereby more predictability and legal security.