Intellectual Property & Technology Law
Protecting Innovation, Technology and Intellectual Assets
Our Intellectual Property and Technology Law practice advises businesses, founders and creators on identifying, protecting and using the intangible assets that give their activities value: brands, software, content, know-how and inventions. We advise on trademarks, copyright, licensing, software and technology agreements, trade secrets and digital business arrangements, and we assist where intellectual property rights are disputed. We approach these matters commercially. The question is not only whether a right exists, but who owns it, how it can be used and shared, and what it is worth to the business that depends on it. Our aim is to make those positions clear in the documents, before disagreements arise.
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Our Expertise
For many businesses the most valuable assets are not physical. A name that customers recognise, software that performs a service, a body of know-how or a creative work can account for much of a company’s value, and each of them depends on legal rights that must be properly established, recorded and managed. Rights that are never clarified, such as ownership of code written by a contractor, tend to become visible at the worst moment, typically during financing, a sale or a dispute.
We advise technology companies, creative businesses, manufacturers, distributors and international groups that do business in or through Sweden. Our work covers the early stages, such as choosing and protecting a brand and making sure that employees and contractors assign what they create, as well as the later stages of licensing, acquisition, enforcement and defence.
Intellectual property is territorial in its protection and international in its use. We therefore consider Swedish, EU and international protection together and, where a right must be registered or enforced in another country, we coordinate with local counsel.
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How We Can Assist
We advise on the protection, exploitation and defence of intellectual property and on the contracts through which technology is developed and used.
Trademarks
We advise on the selection, clearance, registration and management of trademarks, including searches for conflicting marks, the choice between national, EU and international protection, and the handling of objections and oppositions. We also advise on the use of a brand through licensees, distributors and online channels.
Copyright
We advise on ownership and use of copyright in software, designs, texts, images, audio and other creative works, including works created by employees and contractors, the moral rights of authors, and the permissions necessary to use third-party material.
Licensing
We prepare and negotiate licence agreements under which intellectual property is made available, whether exclusive or non-exclusive, including scope, territory, duration, royalties, quality control, sub-licensing, audit rights and termination.
Software agreements
We advise on software development agreements, licences, software-as-a-service terms, maintenance and support, escrow arrangements and open-source use, with attention to ownership of code, warranties, liability and data protection.
Technology transactions
We advise on agreements concerning the development, transfer and commercial exploitation of technology, including research and development collaborations, joint development, technology transfer and the intellectual property aspects of acquisitions and investments.
Commercialisation of intellectual property
We help clients to turn rights into commercial value: assigning and acquiring rights, structuring the holding of intellectual property within a group, protecting it when seeking financing and negotiating the terms on which others may use it.
Digital business agreements
We advise businesses that operate online on website terms, platform and marketplace agreements, content and data licences, influencer and affiliate arrangements and the interplay between intellectual property, consumer law and data protection.
Trade secrets and know-how
We advise on identifying and protecting confidential business information, including confidentiality agreements, employee and contractor undertakings, the measures that a business must take to keep information secret in law, and remedies where a trade secret is misused.
Intellectual property disputes
We advise on disputes concerning infringement, ownership, validity, licence terms and misuse of confidential information, including demand letters, negotiated settlements and the assessment of proceedings before the competent courts.
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Swedish and International Legal Considerations
Intellectual property rights arise under Swedish and EU law. Their scope and the way they are acquired differ.
Trademarks
Trademark rights in Sweden are governed by the Trademarks Act (varumärkeslagen (2010:1877)). A right can be acquired by registration with the Swedish Patent and Registration Office (PRV) or, in certain cases, by use that has made a sign known in the relevant market. Registration as an EU trade mark with the EU Intellectual Property Office (EUIPO) gives protection across the Union.
Copyright
Copyright is governed by the Copyright Act (lagen (1960:729) om upphovsrätt till litterära och konstnärliga verk) and arises automatically when a work is created, without registration. It protects original works, including software. The author retains moral rights, and the economic rights can be transferred or licensed by agreement.
Patents and designs
Patents are governed by the Patents Act (patentlag (1967:837)) and require an application and an examination of novelty and inventive step. Designs are protected by the Designs Act (designlagen (1970:485)) and by EU design rights. Inventions made by employees are subject to the Act on the Right to Employees’ Inventions (lag (1949:345) om rätten till arbetstagares uppfinningar).
Trade secrets
The Trade Secrets Act (lag (2018:558) om företagshemligheter) protects information that is secret, has commercial value because of its secrecy and has been subject to reasonable measures to keep it secret. Employees, contractors and business partners can be bound by confidentiality both by statute and by contract.
Enforcement and courts
Disputes about intellectual property are heard by the Patent and Market Court (Patent- och marknadsdomstolen), a specialised court in Stockholm. Rights holders can seek injunctions, damages and other remedies, and the same court handles competition and marketing-law cases.
Data protection and technology
Technology and digital agreements often involve the processing of personal data, which brings the General Data Protection Regulation (EU) 2016/679 into play alongside intellectual property rules. Data protection obligations should be considered when software and data arrangements are designed.
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Our Approach
We begin with the assets and with the business that depends on them.
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Identifying the assets
We establish what the business creates and uses: names, software, content, designs, inventions and confidential information, and who has contributed to each.
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Reviewing ownership and risk
We examine the chain of title, the contracts with employees, contractors and partners, and the rights of third parties that could limit use or enforcement.
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Choosing the protection strategy
We advise on what should be registered, where and when, what should be protected by contract and confidentiality, and what the cost and benefit of each option are likely to be.
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Documenting the arrangement
We prepare the licences, assignments, development and technology agreements, and the internal policies needed to give effect to the strategy and to keep rights clear over time.
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Enforcing and defending
Where rights are infringed or challenged, we assess the position, advise on the available measures and, when appropriate, seek a negotiated resolution before proceedings are considered.
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Frequently Asked Questions
Do I need to register my business name as a trademark?
Registering a company name with the Swedish Companies Registration Office gives a right in the company name, but it is not the same as trademark protection for goods or services. A trademark registration provides a stronger and clearer right for a brand. We advise on clearance searches and on the choice of national, EU or international registration.
Who owns software developed by a contractor?
In principle the contractor owns the copyright in code they write unless it is transferred by agreement, even if the client paid for the work. The development agreement should therefore deal expressly with ownership and licences. For employees, the position depends on the employment relationship and any agreement, and should also be clarified in writing.
Is copyright registered in Sweden?
No. Copyright arises automatically when an original work is created, and there is no register. Evidence of authorship and the date of creation can still be important, and ownership and licensing should be documented by agreement.
How can I protect confidential information and know-how?
Information is protected as a trade secret only if it is secret, has commercial value and has been the subject of reasonable measures to keep it secret. In practice that means restricting access, using confidentiality agreements with employees, contractors and partners, and marking and managing confidential material. We prepare the necessary agreements and advise on internal procedures.
What should a licence agreement include?
A licence should state what is licensed, whether it is exclusive, the territory, the permitted use, the duration, payment terms, quality and compliance obligations, responsibility for infringement claims and the consequences of termination. We tailor these to the commercial arrangement and the type of right.
What can I do if someone is using my brand or content without permission?
The first step is to establish what rights you hold and whether there is an infringement. Often the matter can be resolved by correspondence or negotiation. If it cannot, rights holders can seek injunctions and damages before the competent court. We assess your position and advise on the proportionate response.
The information provided here is general in nature and is not legal advice. It does not consider any particular document or circumstance. Swedish and EU rules change, and official texts should be read in the version in force.
Intellectual Property & Technology Law
Discuss Your Legal Matter
If you wish to protect a brand or technology, review a licence or development agreement, or respond to an infringement concern, write to us at info@smartlawafab.com with a summary of the assets and the parties involved. We will consider your enquiry and reply by email.