SWEDEN
Since 1993
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Swedish government owns a 39.5% stake in Telia, one of Sweden's largest telecommunications firms. The government has historically had full ownership of Telia, up until 2006 when Telia merged with Sonera and the Swedish government's stake fell to 46%. They have since divested further bringing the current stake to 39.5%
Coverage Telecommunications sector
SWEDEN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive sharing is not mandated, but it is practiced in the market in the fixed and in the mobile sectors based on commercial agreements. However, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
Source
SWEDEN
Since June 2016
Since May 2018
Since May 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act (2018:558) on trade secrets. (Lag (2018:558) om företagshemligheter)
Act (2018:558) on trade secrets. (Lag (2018:558) om företagshemligheter)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Sweden transposed the Directive through a series of amendments to existing legislation as well as the Trade Secrets Act of 2018.
Coverage Horizontal
SWEDEN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Sweden has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SWEDEN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Sweden has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SWEDEN
Since May 2001
Since 1960, last amended in 2020
Since 1960, last amended in 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC (The Copyright Directive)
ACT 1960:729 on Copyright in Literary and Artistic Works
ACT 1960:729 on Copyright in Literary and Artistic Works
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Swedish Act on Copyright in Literary and Artistic Works was amended to be consistent with the Directive, but Sweden applies copyright exceptions very narrowly, choosing not to employ the three-step test. The economic rights conferred by the Copyright Act are relaxed in cases of making physical copies for private or educational use or when an author has previously authorized the reproduction of the work in the EEA (the Consumption Principle). However, Section 12 of the Copyright Act explicitly excludes creating digital copies of copyrighted material or making copies of computer programs and software, and a 2016 ruling by the Swedish Supreme Court found that posting photos of public art online was not consistent with Swedish copyright law.
The Swedish Act on Copyright in Literary and Artistic Works was amended to be consistent with the Directive, but Sweden applies copyright exceptions very narrowly, choosing not to employ the three-step test. The economic rights conferred by the Copyright Act are relaxed in cases of making physical copies for private or educational use or when an author has previously authorized the reproduction of the work in the EEA (the Consumption Principle). However, Section 12 of the Copyright Act explicitly excludes creating digital copies of copyrighted material or making copies of computer programs and software, and a 2016 ruling by the Swedish Supreme Court found that posting photos of public art online was not consistent with Swedish copyright law.
Coverage Horizontal
Sources
- https://uk.practicallaw.thomsonreuters.com/w-011-0759?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=The%20doctrines%20of%20%22fair%20use,afforded%20by%20the%20Copyright%20Act.
- https://wikimedia.se/2017/07/10/court-judgment-shrinks-public-space-in-sweden/
- https://www.lexology.com/library/detail.aspx?g=2b8145b5-a80b-4a19-9d8d-a42b2131f96c
- https://wipolex.wipo.int/en/text/580485
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SWEDEN
Since May 1989
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Sweden is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SWEDEN
Reported in 2020, 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Discriminatory treatment in patent applications
It is reported that foreign filing fees for patents are higher than domestic filing fees, while the Swedish patent office (PRV) states that a local agent "may be required" for non-residents to file a patent in Sweden. Moreover, inventions made in Sweden that directly relate to national security require authorization from the Swedish patent office before they can be filed abroad.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2020-investment-climate-statements/sweden/
- https://www.americanbar.org/groups/intellectual_property_law/publications/landslide/2019-20/march-april/global-collaborations-foreign-filing-licenses/
- https://www.prv.se/en/patents/fees-and-payment/
- https://www.wipo.int/export/sites/www/pct/guide/en/gdvol1/annexes/annexc/ax_c_se.pdf
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SWEDEN
Since March 2019
Since May 2018, last amended 2019
Since May 2018, last amended 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Protective Security Act 2018
Protective Security Act 2018
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
While Sweden does not currently have a comprehensive FDI screening framework in place, amendments to the Protective Security Act 2018 enable the Swedish Government to oversee and potentially block investments that may pose a threat to national security. Furthermore, the Act provides Swedish security services and armed forces the authority to conduct security inspections on firms operating in areas deemed critical to national security, and possibly revoke operating licenses if breaches are discovered. Among these sectors is telecommunications. The Act has been used by the Swedish security services to ban Huawei from operating in Sweden in 2020, as they deemed the equipment to pose a security risk to the country.
While Sweden does not currently have a comprehensive FDI screening framework in place, amendments to the Protective Security Act 2018 enable the Swedish Government to oversee and potentially block investments that may pose a threat to national security. Furthermore, the Act provides Swedish security services and armed forces the authority to conduct security inspections on firms operating in areas deemed critical to national security, and possibly revoke operating licenses if breaches are discovered. Among these sectors is telecommunications. The Act has been used by the Swedish security services to ban Huawei from operating in Sweden in 2020, as they deemed the equipment to pose a security risk to the country.
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://www.sakerhetspolisen.se/en/swedish-security-service/protective-security.html#:~:text=Protective%20security%20refers%20to%20protecting,to%20more%20organisations%20than%20previously.
- https://www.state.gov/reports/2020-investment-climate-statements/sweden/
- https://www.reuters.com/technology/swedish-court-upholds-ban-huawei-selling-5g-network-gear-2021-06-22/
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SWEDEN
Since December 2005, entry into force in January 2006
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act (2005:551) (Aktiebolagslag (2005:551)
According to Section 9 of the Companies Act, at least 50% of the board of directors of a limited liability company must be European Economic Area (EEA) residents, unless granted an exemption by the Swedish Companies Registration Office.
Coverage Horizontal
Sources
- https://uk.practicallaw.thomsonreuters.com/w-026-0628?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=There%20are%20no%20nationality%20restrictions,the%20Swedish%20Companies%20R...
- https://www.global-regulation.com/translation/sweden/2988802/companies-act-%25282005%253a551%2529.html
- https://lagar.nj.se/ovriga/SFS2005-0551EN
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SWEDEN
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Law (2016:1146) on Procurement in the Utilities Sector (Lag (2016:1146) om upphandling inom försörjningssektorerna)
Procurement Regulations (Upphandlingsförordning (2016:1162)
Law (2016:1146) on Procurement in the Utilities Sector (Lag (2016:1146) om upphandling inom försörjningssektorerna)
Procurement Regulations (Upphandlingsförordning (2016:1162)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Sweden, the Directive has been transposed with the Law (2016:1146) on Procurement in the Utilities Sector and the Procurement Regulations.
In Sweden, the Directive has been transposed with the Law (2016:1146) on Procurement in the Utilities Sector and the Procurement Regulations.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/lag-20161146-om-upphandling-inom_sfs-2016-1146
- https://www.riksdagen.se/sv/dokument-lagar/dokument/svensk-forfattningssamling/upphandlingsforordning-20161162_sfs-2016-1162
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SPAIN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Spain has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SPAIN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Spain has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
SPAIN
Since June 2014
Since November 2007
Since November 2007
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws
Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws.
Coverage Horizontal
SPAIN
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Spain has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal