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Sweden - Trademark Law Amended

The Swedish Trademark Law has been amended to provide for the issuance of orders for searches in civil infringement proceedings.

If there is reason to believe that an infringement has taken place, the Court may issue an order authorizing that a search for objects and documents be undertaken, in order to secure proof of the infringement.

A request to issue a search order can be made by the trademark owner or a licensee. If a search order is granted, the Court may require that security be deposited to protect the alleged infringer's rights. The defendant is given an opportunity to respond before the Court issues the search order and the Court may issue an interim injunction, if a delay could entail a risk that the subject of the investigation might be removed, damaged or destroyed. When a decision ordering a search is enforced, the defendant is entitled to have a legal representative present at the search.

A decision by the Court granting a search order is enforceable immediately by the Swedish Enforcement Authorities. When a decision ordering a search is enforced, the defendant is entitled to have a legal representative present at the search.


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