IP law and improved business regulations on the political agenda

 Keynote speaker Magnus G. Graner, State Secretary for the Ministry of Justice, did not disappoint.

- Written excusively for AmCham by Robin Battison, Battisson & Partners -
- Photos by Rob Nelson -

Mr Graner laid out his government’s policy with the clear theme of supporting business development, especially among small and medium-sized enterprises.

 
Mr. Magnus G. Graner, State Secretary for the Ministry of Justice. Photo: Rob Nelson

One aim is to reduce the administrative burden for companies by 25% by the end of 2010, through better regulation and stronger enforcement of rights – in keeping with established EU initiatives. Legislative changes in the works include simplifying and harmonising rules for mergers and acquisitions, reducing the amount of share capital for privately held companies, and easing requirements on accounting.

Graner also believes it is essential that Swedish law provides proper protection for trade secrets and greater protection for intellectual property. “In the last few years we have seen a tremendous shift in the whole of society. The basis for the economy is knowledge rather than industry. Intellectual property rights have come into focus in a way that we haven’t seen before.”

 In his view, counterfeiting and piracy are a threat to many business sectors, to consumers and governments all over the world.

“Anyone who has created or participated in the creation of a film, of music, of literature or of any other copyright protected material should be entitled to the results of their work,” maintains Graner. “This possibility is what enables writers, musicians and others to earn a living. It is the foundation for economic growth, employment and cultural development.”

 
Chairman Bengt B:son Sjögren and AmCham's Managing Director Berit Salheim. Photo: Rob Nelson

Legislation on enforcement
Swedish legislation was already in compliance with most of the provisions of EU Enforcement Directive, according to Graner. However, it has been almost impossible for right holders to make use of regular civil remedies to protect their rights, since only violators’  IP addresses were accessible, not their identities. The new legislation gives right holders the possibility to obtain a court order, obliging Internet Service Providers to disclose the identity of an individual behind an IP address that has been used to commit an infringement on the Internet.

“Most ISPs already state in their contracts that they do not permit illegal file downloading,” notes Graner.

This Swedish bill was preceded by a harsh public debate concerning privacy issues. “We now have a well balanced solution,” says Graner. “The rights holder must present evidence that an infringement has in fact taken place, to obtain a court order. The court must analyse the evidence, and evaluate whether a court order is proportionate to the level of the infringement, and balance it against the right to privacy. If the information is to be disclosed, the person behind the IP address must be informed.”

 
Berit thank's Mr. Graner for coming. Photo: Rob Nelson

New business models and information
Piracy cannot be combated without  better lawful alternatives for file sharing, according to Graner. “Those who control copyright-protected content need to make it legally available in attractive, consumer-friendly ways. This is absolutely crucial to meet the demand for online distribution of films, music and other copyright protected material.

“Youth today have grown up with the Internet, with the possibility of downloading all kinds of copyright-protected material, for free and essentially without consequences”, concludes Graner. “This is why the Ministry of Justice has stepped up its work on disseminating information about copyright, focusing on the digital environment, such as file sharing. This information has been distributed to schools and through our website.”

Whether you regard the issue as one of the right laws, regulations or information having an effect, this issue is sure to be on the political agenda in Sweden for some time to come.
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Conference on enforcement of intellectual property rights. The Swedish Government is planning to host a high level conference in Stockholm  December 15-16, 2009 on enforcement of intellectual property rights. The conference will focus on civil and criminal enforcement as well as non-legislative actions.

Photos from the afternoon by Rob Nelson:

 
Registration

Honorary Board Member Per Ericsson

Wine, drinks and hors d'oeuvres

Beng B:son Sjögren, Interverbum, Nicklas Lundblad , Google Sweden and Mats Caneman,
Walt Disney Studios Home Entertainment

AmChamers: Martin Bengtsson, Sofia Losell and Filip Enocson

Board member Hans Enocson, GE and Anders Kuikka from EIM Scandinavia

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