Evidence in IP Trials in the Nordics: Access to and Seizure of Evidence – Perspectives from Finland

Tobias von Schantz

Evidence in IP Trials in the Nordics: Access to and Seizure of Evidence – Perspectives from Finland

Av Tobias von Schantz

Ur Nordiskt Immateriellt Rättsskydd nr 4 2024

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Evidence in IP Trials in the Nordics: Access to and Seizure of Evidence – Perspectives from Finland

By Tobias von Schantz[*]Market Court Judge, the Market Court in Finland.

1. Introduction

In Finland, civil cases concerning intellectual property are heard exclusively by the Market Court. Proceedings in IP trials are regulated the Market Court Proceedings Act (100/2013) which in turn refers inter alia to the Code of Judicial Procedure (4/1734), and to the Act on Securing the Provision of Evidence in Civil Cases Concerning Industrial Property Rights and Copyright (344/2000)[1]By which Finland has implemented the enforcement directive (Directive 2004/48/EC of the European Parilament and of the Council of 29 April 2004 on the enforcement of intellectual property rights)..

Finnish legislation contains two sets of precautionary measures[2]The term “precautionary measure” is used in translations of Finnish acts, although these may often be referred to also as “provisional measures”, or “preliminary injunctions”. relevant in IP actions. The general provisions on precautionary measures in civil matters are laid down in Chapter 7 of the Code of Judicial Procedure, while the Act on Securing the Provision of Evidence in Civil Cases Concerning Industrial Property Rights and Copyright contains provisions specific to evidence in IP cases.

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