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Articles contributed by Gärde Wesslau Advokatbyrå
A recent Court of Appeal case illustrates the risk that parties (and their counsel) run when an agreement is governed by a law of a different language from that used in the agreement itself. Due to the chairman's casting vote, the otherwise split decision came down in favour of one dictionary translation.
In the first case of its kind to be decided by a higher court in Sweden, the Court of Appeal finds no probable cause for infringement where a competitor’s trade mark was used for keyword advertising on Googles AdWords service.
In a noteworthy ruling the Northern Norrland Court of Appeal had to consider two interesting questions regarding commercial agents:
What type of commercial relationship falls within the Commercial Agents Act's definition and Can the act's mandatory provisions regarding severance compensation be applied by analogy in a case where the act does not directly apply?
In one of the first Google AdWords cases to be decided in Sweden, the court finds no probable cause for trade mark infringement where a company has bought its competitor’s trade mark as a search term on Google. Counsel for the plaintiff, Gärde Wesslau’s Petter Holm, comments on the decision.
the Universities of Stockholm and Gothenburg
Robert Moldén has recently lectured in competition law at the University of Stockholm, as every spring term since 2009. He has also recently lectured in public procurement law at the Gothenburg School of Business, Economics and Law.
Since late 2009 the Swedish government has been reconsidering its reservation to Part II of the UN Convention on Contracts for the International Sale of Goods (CISG) in light of a report by the Nordic Committee of Senior Officials for Legislative Affairs.(1) The report found that although the so-called Nordic reservation had no clear shortcomings, the relative advantages of revocation outweighed the disadvantages. Even though the report was not a formal legislative proposal, at the time of publication it seemed likely that the report would eventually form the basis of one. A recent government bill (Proposition 2010/11:97, April 28 2011) now proposes that Sweden make such a revocation.
The article analyzes and criticizes a recent decision from the Swedish Chancellor of Justice, which denies state liability for losses caused by a misleading information campaign launched by the National Food Authority and the Medical Products Agency against certain food supplements.
Background All limited companies, foreign branches, economic associations, foundations and some general partnerships – regardless of size and revenue – are required to have an auditor, as are larger not-for-profit organizations and sole proprietorships. The Swedish requirement is in contrast to nearly all other member states of the European Union, which have exempted small companies from an audit requirement.
There are only two kinds of property in Swedish law: movable and immovable property. Immovable property is primarily land, buildings (if the building is owned by the owner of the land on which it stands) and accessories to the land or building. All other property, including intellectual property rights and other immaterial assets, is by definition movable. Thus, companies - even companies with the sole purpose to own immovable property - are movable property
On the 8th of March 2010 International Law Office published an article "Simplified rules for limited liability companies".
The UN Convention on Contracts for the International Sales of Goods (CISG) was adopted in Vienna in 1980. The convention offers a uniform international sales law. It is applied by more than 75 countries, accoutning for more than 75% of all international trade in goods.
The new Swedish Marketing Practices Act, which came into force in July 2008 in order to implement an EU directive, sets out certain requirements regarding price information that has to be provided to consumers. In brief, the effect is that it is no longer permitted to refer to approximate or recommended prices in marketing material; if a price is mentioned, then it shall be the exact amount.
When a contract for the sale of goods is terminated due for example to non-conformity of the goods, the purchase price shall be restituted with a deduction corresponding to the benefit which the buyer has derived from the goods. This is to address the risk that a buyer might otherwise find himself in a better position following termination than if he had never entered into the contract at all – by benefiting from the goods for a certain period of time before the non-conformity was discovered, and then receiving the entire purchase price refunded.
A good question, raised – but not answered – by a decision of the Göta Court of Appeal from April 2008 in case Ö 799-08, where a housing company was prevented from registering title to property it had acquired following a merger, having failed to complete the formalities within the requisite time period. Since the original owner had ceased to exist – as an automatic legal consequence of the process of merger – the transfer could not be re-executed, and so the property was left without a registered owner.
Internet Service Providers and other parties in the distribution chain can be ordered to supply information on suspected infringements by way of a simplified court procedure.
Compensation to be awarded for publication of court judgments.
Specified criteria laid down for calculation of damages.
Prohibitive injunctions and corrective measures now also applicable to attempted infringement and to conspiracy to commit infringement.
The UN Convention on Contracts for the International Sale of Goods explained.
The 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) established a comprehensive code of legal rules regarding contracts for international sales of goods, including the obligations of the buyer and seller and remedies for breach of contract. CISG entered into force on 1 January 1988 and has been ratified by both China and Sweden.
It started in 1974 after a symposium in Copenhagen. Or maybe it started hundreds or even thousands of years before that. Either way, the Commission on European Contract Law has responded to the need for uniformity in the law of obligations in the European Union by publishing a second, enlarged, edition of its Principles of European Contract Law.
This article has previously been published in the May 2003 issue of the China Direct.
The Arbitration Institute of the Stockholm Chamber of Commerce ("SCC Institute") was established in 1917. Over the past few decades the SCC Institute has emerged as one of the leading international arbitral institutions in the world. In most cases handled by the SCC Institute both parties are from other countries than Sweden.