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Patent and Market Courts

The Patent and Market Court and the Patent and Market Court of Appeal are specialised courts that came into being on September 1, 2016. Essentially, the two courts hear all cases and matters in the country relating to intellectual property law, competition law and marketing law. 

As a court of first instance, the Patent and Market Court is a division of Stockholm District Court. Judgments and decisions reached by the Patent and Market Court can be appealed to the Patent and Market Court of Appeal, which is a division of Svea Court of Appeal.

Both courts came into being on September 1, 2016. The Court of Patent Appeals and the Market Court ceased to exist on the same date. Essentially, all adjudication of cases and matters relating to intellectual property law, competition law and marketing law originating from the general courts and administrative courts has been centralised at the new courts.

Patent and Market Court at Stockholm District Court

Patent and Market Court of Appeal at Svea Court of Appeal

Typical cases and matters

The Patent and Market Courts deal with a wide range of cases and matters. Examples include:

  • Cases involving damages and injunctions deriving from trademark infringement
  • Cases involving patent nullification
  • Cases and matters relating to information injunctions and infringement investigations under the Copyright Act and other enactments
  • Matters involving registration of trademarks and granting of patents
  • Criminal cases relating to intellectual property, such as trademark falsification
  • Cases dealing with unfair or misleading marketing practices
  • Cases involving anti-competition (antitrust) fines and merger restriction

Initiation of a case or matter

As with cases in a district court, many cases in the Patent and Market Court are initiated by means of a summons application. Matters are in most instances initiated in the form of an appeal against a decision filed by a public agency, such as the Patent and Registration Office.

Decisions in cases and matters

The majority of cases in the Patent and Market Court are decided following a main hearing. Rulings in cases and matters could also be issued following written proceedings. Patent and Market Court judgments and decisions can be appealed to the Patent and Market Court of Appeal.

In almost every instance, the Patent and Market Court of Appeal must grant leave to appeal before the court will conduct a more complete examination of an appealed case or matter. Even here many of the cases are decided following a main hearing, although written proceedings are also common.

Generally, decisions reached in the Patent and Market Court of Appeal cannot be appealed except for judgments and decisions reached in criminal cases. In certain instances, the court can grant leave for a judgment or decision to be appealed to the Supreme Court. If that were to happen, the Supreme Court would also need to grant leave to appeal before the case could be heard.

When deciding cases and matters in the Patent and Market Courts, both judges with specialist legal expertise as well as technical and financial experts (specially appointed members of the court) are required. In certain cases and matters that come before the courts, only judges are involved. In other cases and matters, the court comprises both judges and specially appointed members. In the majority of criminal cases, both legally trained judges and lay judges are involved in the adjudication process. 

Why were the new Patent and Market Courts established?

Cases and matters relating to intellectual property law, competition law and marketing law were previously dealt with by the general courts, general administrative courts, the Court of Patent Appeals and the Market Court.

Cases and matters in the above areas are among the most extensive and complex cases to come before a Swedish court. Following a parliamentary decision, these cases have been handled since September 1, 2016 by the new Patent and Market Courts. By centralising hearings in this way, the efficiency and standard of proceedings have been improved even further.




Senast ändrad: 2016-09-14

Pending cases

If you have a case or matter that is pending and which has been affected by the establishment of the new courts, you will receive relevant information.

Judgments and decisions issued by the Market Court and the Court of Patent Appeals

Judgments and decisions issued by the former Market Court and Court of Patent Appeals that were previously published on the courts’ websites, are now available at Market Court judgments and decisions (external link) and at Court of Patent Appeals judgments and decisions (external link)

Judgments and decisions issued by the Patent and Market Court of Appeal

The Patent and Market Court of Appeal publishes its judgments and decisions on an ongoing basis at their website.