Book contents
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Chapter 10 - Enforcement of Intellectual Property Rights in Finland
Published online by Cambridge University Press: 12 April 2019
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Summary
NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE
A. PRIMARY AND SECONDARY LAW
The Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004, the “Enforcement Directive”, is implemented into Finnish legislation with amendments to the following Finnish acts:
– the Copyright Act 404/1961, as amended,
– the Trademarks Act 7/1964, as amended,
– the Registered Designs Act 221/1971, as amended,
– the Company Names Act 128/1979, as amended,
– the Patents Act 550/1967, as amended,
– the Act on Utility Model Rights 800/1991, as amended,
– the Act on the Exclusive Right in the Layout-Design of an Integrated Circuit 32/1991, as amended,
– the Plant Breeder's Right Act 1279/2009, as amended,
– the Act to Safeguard the Evidence in Civil Actions Concerning Intellectual Property Rights 344/2000, as amended.
B. TRANSPOSITION ISSUES
When the amendments required by the Enforcement Directive were prepared in Finland, the adopted legislative starting point was minimum implementation. According to the Government Bill 2006/26, the Enforcement Directive should have a practical impact on the Finnish legislation only to the extent that the provisions of the Enforcement Directive extend beyond the scope of the TRIPS Agreement implemented in Finland. The Government Bill 2006/26 contained only moderately minor amendments to the Finnish intellectual property right, “IPR”, legislation at that time.
The central amendments necessitated by the Enforcement Directive concern 1) orders to provide the necessary information on the origin and distribution network of the infringing goods or services in civil IPR cases, 2) orders against an intermediary, i.e. teleoperator, to block access to infringing content and 3) publication of IPR related decisions.
The amendments entered into force on 29 April 2009, as required by the Enforcement Directive. However, the amendments included several transitional provisions, which are not explained in detail here.
C. ASSESSMENT REPORTS ON THE IMPLEMENTATION
The Constitutional Law Committee, as well as the Law Committee, published reports 15/2006 and 6/2006 concerning the Government Bill 2006/26 implementing the Enforcement Directive before the amendments were enacted. No authoritative assessment reports have been published aft er the implementation.
No significant external reports concerning the implementation of the Enforcement Directive exist in Finland.
JURISDICTION AND COMPETENCE
A. COMPETENCE OF LOCAL COURTS
The Market Court is a special court located in Helsinki that has exclusive jurisdiction in IPR cases. In addition, the Market Court hears market law, competition law and public procurement matters in Finland.
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- Publisher: IntersentiaPrint publication year: 2019