Unauthorized use - infringement

If someone uses your invention, design, trademark, or copyrighted work without permission, it may be an infringement of your rights. You must also make sure not to infringe on the rights of others.

You apply for a patent for your invention and protection of your trademark or your design at PRV. If your application is approved, you will receive a registered exclusive right.

Copyright arises automatically when the work is created, for example when you write a text or encode a computer program. You do not need to apply for it.

Prevent unauthorized use

Often, infringements occur due to ignorance. Start by contacting the person you think has infringed and tell them that you have the exclusive right.

If someone knowingly commits infringement, you can report the crime in order to the Police.

You can also turn to the Patent and Market Court, PMD.

Different types of infringements

Patent infringement 

Using someone else's patented invention without permission is a patent infringement, according to the Swedish Patents Act.

An example: A business sells products that do not directly infringe patents. On the other hand, it is clear that the products should be used in conjunction with a patented invention.

The Swedish Patents Act on the Riksdag website (external website)

Trademark infringement

If a trademark is protected for a merchandise or service, no one may use the same or a similar trademark for other similar merchandise and services. If you do this, you are possibly committing trademark infringement, according to the Trademarks Act.

It can also be a trademark infringement if a new trademark damages a trademark that has been known for a long time.

The Trademarks Act on the Riksdag website (external website)

Design infringement

The Design Protection Act states that if a product's design is protected, no one else may use it or a design that is very similar, without permission. If you do that, you can possibly commit pattern infringement, also referred to as design infringement.

The Design Protection Act on the Riksdag website (external website)

Copyright infringement

The creator of a work has the right to make decisions on it and how it is used, it is in the Act on Copyright in Literary and Artistic Works. If someone uses a work without permission, it's a possible copyright infringement.