Evidence in IP Trials in the Nordics: Standard of Proof and Admissible Evidence – Perspectives from Sweden

By Per Carlson

From Nordiskt Immateriellt Rättsskydd nr 4 2024

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Evidence in IP Trials in the Nordics: Standard of Proof and Admissible Evidence – Perspectives from Sweden

By Per Carlson[*]Senior Judge of Appeal at Svea Court of Appeal, Patent and Market Court of Appeal, external member of the Enlarged Board of Appeal at the European Patent Office and vice chair of the Swedish Association for Intellectual Property (SFIR).

1. Introduction

At the XXXVI Nordic NIR Meeting 2024 in Helsinki, different questions on evidence were discussed. Among these questions were the questions on standard of proof and admissibility of evidence. One intention of the discussion was to identify differences and similarities between the procedures in the Nordic countries. This article provides an overview of the legal position in Sweden on some of the questions discussed. All references to sections of law refer to the Swedish Code of Judicial Procedure, unless otherwise stated.

2. General procedural law differences

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