Patenthavares möjlighet att hävda sina rättigheter enligt patentet - Tvistlösning vid patentintrång enligt svensk rätt

Sammanfattning: An infringement in the intellectual property of a small or medium-sized enterprise can result in disastrous consequences due to the companies’ continuous development. Coincidentally, a growing global industry and trading enhance a facilitated innovation environment, amongst public and private companies. Despite, patents will get an underlying protection through registry and licensing, an inventor faces sorely problems concerning economic and legal safeguard of the intellectual property towards an infringer. The main purpose of this thesis is to investigate whether established Swedish laws inherently provide sufficient opportunities for patent holders who consider being subject of an infringement, to gain adequate opportunity to assert their intellectual property against larger companies. Furthermore, this thesis analyses the alternative dispute resolution methods available to small and medium enterprises to reach a judicial decision, relatively fast and inexpensive, compared to the time and cost of proceedings in court hereby would mean. Based on the function of alternative dispute resolutions, this thesis investigates proposals initiated within the EU to develop more efficient dispute procedures for small and medium-sized enterprises. Organisations and public institutes request different solutions in order to guarantee inventors protection. A new European patent court and a unified patent litigation system will facilitate civil actions as well as their expenses. This thesis describes the methods such as mediation, conciliation, application of arbitral institutions, establishing new procedures for speedy trial and other alternative resolutions. The thesis monitors the government stimulus packages and other security solutions initiated at governmental level and made by interest organisations. These include the establishment of IPR (intellectual property right) companies, governmental legal aid and the introduction of private patent insurances. The analysis includes a discussion about whether those dispute resolution methods appear to be reasonable for small and medium-sized companies to enforce their intellectual property against larger intrusive businesses. One conclusion on this part is that the alternative methods do not provide adequate means to enforce the intellectual property rights to larger companies, but they can be good options for a quick and inexpensive legal solution to a dispute when the parties are of uniform size.