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Finally the Enforcement Directive 2004/48/EC has been implemented in Sweden. The introduction of amendments to inter alia the Copyright Act on the 1 April 2009 has been highly debated by the Swedish public, while the Commission has complained on the late implementation. The implementation has been commonly named the “IPRED law”, when in fact it introduces several amendments and changes to inter alia the Copyright Act. Rightsholders have demanded the implementation in order to enable their protection against illegal distribution, criticising the problems with attempts to hinder illegitimate file...

On 16 February 2009, Kammarrätten i Stockholm (the Stockholm Administrative Court of Appeals) delivered a judgment regarding the promotion of a commercial interest in an improper manner in a sponsoring message. The case concerned the application of sections 6:4 and 7:8 of Radio- och TV-lagen (the Radio and Televisions Act - RTL ). The RTL is based, inter alia, on Directive 89/552/ECC, as amended by Directive 97/36/EC. Section 6:4 of the RTL states that programmes that are not advertisements may not promote commercial interests in an improper manner. Section 7:8 of the RTL stipulates that, if the...

The applicants, Adnan Khurshid Mustafa and his wife, Weldan Tarzibachi, are Swedish nationals of Iraqi origin. Relying on Article 10 (freedom to receive information) and Article 8 (right to respect for private and family life), they complained that they and their three children had been forced to move from their rented flat in Rinkeby (a suburb of Stockholm) in June 2006. The reason for their eviction was their refusal to remove a satellite dish in their flat after the landlord had initiated proceedings against them, because he considered the installation of a satellite antenna as a breach of the...

Marknadsetiska Rådet (The Council on Market Ethics - MER) is a self-regulatory board composed of several Swedish associations and companies. MER, whose statements are not legally binding, rules on good business practice. Recently it delivered a statement regarding a TV commercial that has caused debate within the advertising business. The issue concerns a TV commercial for the OLW Sverige AB company. In the commercial, a one-legged person asks a three-legged person if the latter wants to share. Bringing forward a packet of crisps the three-legged person then responds, “Av det här goda?” (approx....

ALIS, a Swedish collecting society, filed two lawsuits against the Mediearkivet (Media Archive) alleging that it was in breach of the Act on Copyright in Literary and Artistic Works when using articles not paid for. The Media Archive administrates an internet-based information database, where it sells subscriptions which enable the user to search among and use the articles available. The Media Archive responded by claiming that ALIS’s agreements with the rightsholders were a restraint of trade, according to Section 7 of the Swedish Competition Act, as well as of Article 81§3 of the EC Treaty. On...