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The Patent and Market Court of Appeal gives Ramberg the right!

On September 16, 2021, the Patent and Market Court issued a judgment regarding works of applied art, which is part of the copyright that is often also called industrial design. The case, No. 9191-20, concerned the rights to a bar stool with a very special appearance. The other party claimed that our client (Erikslunds Möbler from Västerås) infringed the other party's right by selling a similar bar stool, but the court could not even establish that the other party Schangtil Design held the rights to the current bar stool and dismissed the lawsuit. The court considered that Schangtil would be partially reimbursed for his legal costs (18: 6 of the Code of Judicial Procedure) as Ramberg did not present all the facts and evidence directly because Ramberg wanted to keep certain business-critical documents secret for the client's sake.

Erikslunds Möbler appealed against the judgment regarding costs. In summary, the Patent and Market Court of Appeal - in contrast to the Patent and Market Court - considers that there is no support that Erikslund, through a statement or objection, which the company has realized or fails to realize is unjustified, or has otherwise caused such costs through negligence or negligence. Schangtil which Erikslund is obliged to replace according to ch. Section 6 of the Code of Judicial Procedure. The appeal must therefore be upheld in such a way that Erikslund is released from the obligation to reimburse Schangtil's legal costs in the Patent and Market Court.

According to the Patent and Market Court of Appeal, the decision contains issues where it is important for the management of the application of law that an appeal is tried by the Supreme Court. The decision may therefore be appealed. (Chapter 1, Section 3, third paragraph of the Act, 2016: 188, on patents and market courts). Thus, a rare application of the Code of Judicial Procedure's compensation rules that Ramberg won.