The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an infringing product, where violations to that prohibition have been made by a third party. A full summary of this case has been…

ECHR Decision of the ECtHR (5th section) of 19 February 2013. Case of Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. The criminal conviction of the co-founders of The Pirate Bay for infringement of copyright does not violate…

The European Copyright Society, a group of prominent European scholars, today issued an opinion on the Svensson case (Case C-466/12), which is currently before the European Court of Justice. The case, which was referred to the Court by the Swedish Court of Appeal (Svea hovrätt) on 18 October 2012, raises the important question whether setting…

“One could say that the CJEU by its decision in the Bonnier-case has “defended” or “safeguarded” the right of civil enforcement by right holders against direct online infringers.” As with enforcement of rights in the analogue environment, enforcement of copyright online presupposes that the infringer is identified or that an intermediary takes action. However, it can…

It has been brought to attention, by traditional media and by bloggers, that the Missionary Church of Kopimism (pronounced “copy me-ism”) has recently been recognized as a religious organization by Sweden’s Legal, Financial and Administrative Services Agency (Kammarkollegiet). The registration has made Sweden the first country to recognize Kopimism as a religion. According to its…

Recently a Committee of inquiry appointed by the Swedish Government proposed a new copyright act to replace the present (Swedish) Act on Copyright in Literary and Artistic Works, which came into force in 1961. The Committee was chaired by Professor Jan Rosén at the Faculty of Law, Stockholm University. According to the proposal the provisions…