In a recently published referral to the Swedish Council on legislation, the Swedish government presented a new court, with exclusive competence over IP- and market law oriented cases. Today, these kinds of cases are divided between the general courts, the administrative courts and the Market Court. The referral also suggested that the court shall be competent to handle some of the civil disputes that have a close relationship to the fields of IP-, market- and competition law. By combining these different types of cases in one, specialized court, the legislator expects an increase in court understanding of these issues, not to mention a more effective and efficient management of them.
At this point, the remaining steps before the new court becomes a reality are, to begin with, the Council of legislation’s thorough evaluation of overall compliance with other fields of law. This is followed by the creation of a proposition for the Parliament, Parliament committee review, and finally, the vote by the Parliament.
Gulliksson welcomes a scenario where the different issues of our clients that are referred to court, are handled in a more uniform and efficient manner. Furthermore, we look forward to a new court with even more in-depth understanding of the intersection between IPR, marketing and competition law.
