SWEDEN
Since May 1989
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Sweden is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SWEDEN
Since May 2001
Since December 1960, last amended in November 2024
Since December 1960, last amended in November 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC (The Copyright Directive)
Act No. 1960:729 on Copyright in Literary and Artistic Works (Lag (1960:729) om upphovsrätt till litterära och konstnärliga verk)
Act No. 1960:729 on Copyright in Literary and Artistic Works (Lag (1960:729) om upphovsrätt till litterära och konstnärliga verk)
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 authorised 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 authorised 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://web.archive.org/web/20230928054256/https://wikimedia.se/2017/07/10/court-judgment-shrinks-public-space-in-sweden/
- https://web.archive.org/web/20231129014753/https://www.lexology.com/library/detail.aspx?g=2b8145b5-a80b-4a19-9d8d-a42b2131f96c
- https://web.archive.org/web/20230528203748/https://www.wipo.int/wipolex/en/text/580485
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SWEDEN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Sweden have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
SWEDEN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Sweden have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
SWEDEN
Since June 2016
Since May 2018
Since May 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 May 2022
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
In Sweden, the sharing of passive infrastructure is mandated to support the delivery of telecommunications services to end users. Pursuant to Sections 15 and 16 of Chapter 5 of the Electronic Communications Act, operators classified as undertakings with significant market power may be required to comply with reasonable requests for access to and use of infrastructure essential for the construction of electronic communications networks, as well as networks and associated facilities necessary for providing electronic communications services.
Coverage Telecommunications sector
SWEDEN
Since 1993
Pillar Telecom infrastructure & competition |
Indicator 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 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
Since May 2022
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Electronic Communications Act (SFS 2022:482) (Lag (2022:482) om elektronisk kommunikation)
Sweden requires functional separation for operators with significant market power (SMP) in the telecommunications sector. Section 24 of Chapter 5 of the Electronic Communications Act provides that, in exceptional circumstances, the regulatory authority may require a vertically integrated operator, subject to an access obligation, to organisationally separate the activities related to that obligation. This separation must ensure that the activities are managed by an independent business unit. A vertically integrated operator is defined as an entity supplying services to undertakings with which it competes in downstream markets.
Coverage Telecommunications sector
SWEDEN
Since May 2018, last amended in October 2023
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Swedish Protective Security Act 2018 (Säkerhetsskyddslag (2018:585))
The Protective Security Act, which was amended in 2019 to allow Swedish security and intelligence forces to recommend the revocation of operating licenses for firms in sectors important to national security if they are found to pose a security risk, was used in 2020 to ban Huawei and ZTE equipment from being used in the Swedish network. Specifically, the Swedish Post and Telecom Authority (PTS) has told telecommunications operators in Sweden vying for licensing rights at auction that bids including Huawei or ZTE equipment will not be considered, and pre-existing Huawei and ZTE infrastructure would need to be decommissioned by 2025. This effective ban on Huawei and ZTE equipment has been challenged in court, but so far, the decision has been upheld in the Swedish court.
Coverage Huawei and ZTE
Sources
- https://web.archive.org/web/20220128221112/https://www.sakerhetspolisen.se/en/swedish-security-service/protective-security.html
- https://web.archive.org/web/20220220112052/https://www.reuters.com/technology/swedish-court-upholds-ban-huawei-selling-5g-network-gear-2021-06-22/
- https://web.archive.org/web/20210125185958/https://www.vvgb-law.com/media/1119/20201129-hw-swedish-pts-decision.pdf
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SWEDEN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.98%
Coverage rate of zero-tariffs on ICT goods (%)
78.47%
Coverage: ICT goods
SUDAN
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Type approval procedures in Sudan are regulated by the Telecommunications and Post Regulatory Authority (TPRA). It is reported that the homologation process in Sudan does not require local laboratory testing or contact with local representatives. However, a product sample can be requested from the authority for viewing.
Coverage Electronic products
Sources
- https://web.archive.org/web/20220120024958/https://www.itu.int/en/ITU-D/Technology/Documents/Events2014/CI_Training_ARB_Tunis_March14/Sudan_presentation.pdf
- https://web.archive.org/web/20221219162702/https://www.itu.int/dms_pub/itu-d/opb/stg/D-STG-SG02.04.1-2017-PDF-E.pdf
- https://web.archive.org/web/20240911074632/https://faolex.fao.org/docs/pdf/sud189212.pdf
- https://ib-lenhardt.com/type-approval/sudan
- https://web.archive.org/web/20231004110135/https://www.mohamah.net/law/%D9%86%D8%B5%D9%88%D8%B5-%D9%88-%D9%85%D9%88%D8%A7%D8%AF-%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%A7%D9%84%D9%85%D9%88%D8%A7%D8%B5%D9%8...
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SUDAN
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Sudan does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
SUDAN
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Sudan lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
SUDAN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Sudan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
