WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/NI1 ISWE/Oll 
29 April 1996 
(96-1639) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Sweden 
The present document reproduces 1 The Marketing Act (1995:450), as notified by Sweden under Article 
63.2 of the Agreement (see document IP/N/l/SWE/1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L' ARTICLE 63:2 DE L' ACCORD 
Le present document contient le texte1 de la Loi sur la commercialisation (1995:450), notifiee par la 
Suede au titre de l'article 63:2 de l'Accord (voir le document IP/N/l/SWEIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
En el presente documento se reproduce 1 la Ley de Comercializaci6n (1995:450), notificadapor Suecia 
de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el documento IP/N/l/SWE/I). 
lEnglish only/anglais seulement/ingles solamente. IP/NIlISWE/OI 1 
Page 2 
The Marketing Act 
(SFS 1995:450)1 
Promulgated on 27 April 1995 
In accordance with a decision of the 
Riksdag (S\vedish Parliament) the follo\ving is enacted. 
Object of the Act 
Section 1 
The object of this. Act is to promote the interests of consumers and of trade and 
industry in connection \vith the m_arketing of products and to counteract marketing 
which is unfair to consumers and businessmen. 
Scope of the Act 
Section 2 
The Act applies when a businessman markets or is himself seeking to acquire 
products as part of his business. 
The Act also applies to those television transmission falling within the scope of 
the Act concerning the Satellite Transmission of Television Programmes to the 
General Public (SFS 1992: 1356) \vhich can only be received in another country 
bound by the European Economic Area agreement (EEA agreement). 
Definitions 
Section 3 
In this Act: 
products: means goods, servIces, real property, job opportunities and other 
utilities, 
marketing: Illeans advertisements and other 111easures taken in the course of 
business intended to prolllote sales and availability of products, 
good marketing practice: means good conlnlercial practice or other established 
standards aiIned at protecting conSUlners and businessIllen when nlarketing 
products~ 
I With amendment (SFS 1995: 1472). Requirements concerning marketing 
General requirements 
Section 4 IP/N/1/SWE/O/l 
·Page 3 
Marketing must be compatible with good marketing practice and also in other 
respects be fair to\vards consumers and businessmen. 
When nlarketing businessmen must provide such information as is of particular 
inlportance from the consumer perspective. 
Advertising identification 
Section 5 
All marketing shall be designed and presented so that it is clearly indicated to be 
a matter of marketing. 
It shall also be clearly indicated \vha is responsible for the marketing. 
Misleading advertising 
Section 6 
When marketing a businessman may not make claims or other statements which 
are misleading as regards the businessman's own or another businessman's 
business operations. 
This applies especially to statements relating to: 
1. the nature, quantity, quality or other properties of the product 
2. the origin, use and environmental and health effect of the product 
3. the product's price, basis of pricing and conditions for payment 
4. the businessman's own or another businessman's qualifications, nlarket 
position, distinguishing marks and other rights 
5. prizes and awards given to the businessman. 
Misleading packaging sizes 
Section 7 
When marketing a businessman ll1ay not use packages \vhich by reason of their 
size or external design generally are 111isleading as regards the quantity, size or 
form of the product. IP/NIlISWE/OI 1 
Page 4 
Misleading inlitations 
Section 8 
When marketing a businessnlan 111ay not use inlitations which are misleading as 
they can easily be confused for another businesslnan's known and characteristic 
products. Ho\vever, this does not apply to imitations the design of \vhich primarily 
serve to make the product functional. 
Bankruptcy sales 
Section 9 
When _ marketing a businessman may only use the expression "bankruptcy", 
whether alone or in association \vith another expression, if the product is offered 
for sale by a bankruptcy estate or for its account. 
Clearance sales 
Section 10 
When marketing a businessman may only use the expression "final sale", 
"clearance sale" or "closing" or another expression with a corresponding 
implication, if 
1. it relates to a final sale of the whole of the businessman's stocks or a 
clearly defined part of them 
2. the sale takes place during a limited period of time, and 
J. the prices are significantly lower than the businessman's usual prices for 
corresponding products. 
Bargain sales 
Section 11 
When marketing products a businessnlan nlay only use the expression "sale" or 
another expression with a corresponding implication, if 
1. the sale relates to products included in the businessnlan's usual trade lines 
2. the sale takes place during a limited period of time, and 
3. the prices are significantly lo\ver than the businessnlan's usual prices for 
corresponding products. 
Unsolicited products etc. 
Section 12 
When.marketing products a businessnlan may not deliver products to anyone who 
has not expressly ordered them and, in connection with this, n1islead the recipient 
concerning his obligation for payn1ent. 
Nor may a businessman in other cases \vhen marketing products present a person IP/NI1/SWE/OI 1 
Page 5 
with invoices, paying-in slips or similar documents relating to products which 
have not been expressly ordered and, in connection \vith this, nlislead the recipient 
concerning his obligation for paynlent (SFS 1995: 1472). 
Sales Promotion Offers 
Section 13 
When marketing products a salesman who offers purchasers the acquisition of 
further products \vithout payment or to an especially low price or offers the 
purchaser other special benefits, must provide clear information concerning the 
1. conditions for utilization of the offer, 
2. the nature and value of the offer, and 
3. the time limitations and other restrictions applicable to the offer. 
Prohibitions and orders 
Prohibitions against continuing certain kinds of marketing 
Section 14 
A businessman whose marketing violates good market practice or is in another 
\\lay unfair to consumers or businessmen, may be prohibited from continuing with 
the marketing or taking any similar measure. 
A prohibition under the first paragraph may also be issued to 
1. an employee of the businessman 
2. another person acting on behalf of the businessman, and 
3. any person \vho otherwise has materially contributed to the 'marketing. 
Orders to provide information 
Section 15 
A businessman \\1ho in his marketing omits to provide such information \vhich is 
especially inlportant from the conSUIner perspective, may be ordered to provide 
such information. 
Such an order may also be issued to 
1. an employee of the businessnlan~ and 
2. another person acting on behalf of the businessman. 
Section 16 
An order under Section 15 may inlpose an obligation to provide information 
1. in advertisements or other statements used by the businessman when 
ll1arketing 
2. by labelling on the goods or in another form at the sales point, or 
3. in certain form to consumers who request it. IP/N/lISWE/O/l 
Page 6 
Unfit products 
Section 17 
A businessman \vho nlarkets products which are intended to be used by 
consumers for private use and which are nlanifestly unfit for their prilnary 
purpose, may be prohibited from continuing \vith it. 
If necessary in order to counteract a market practice referred to in the first 
paragraph, a businessman \vho manufactures, inlports or othenvise nlarkets the 
product to other businessmen may also be prohibited from continuing with it. 
A prqhibition under the first and second paragraphs may also be issued 
1. to an employee of the businessman, and 
2. another person acting on behalf of the businessman. 
Section 18 
A prohibition under Section 17 may not be issued, if by an enactment or other 
decision made by a public authority, special regulations have been issued 
concerning the product having the same objective as the prohibition would meet. 
Default fines 
Section 19 
A prohibition under Sections 14 or 17 or order under Section 15 shall be made 
subject to a default fine unless special reasons render this unnecessary. 
interim Decisions 
Section 20 
The court may issue a prohibition under Sections 14 or 17 or order under Section 
15 to apply until otherwise decided, if 
1. the applicant sho\vs probable cause for his action~ and 
2. it may reasonably be expected that the defendant. by taking or onlitting 
to take a certain act reduces the importance of a prohibition or order. 
In relation to decisions under the first paragraph, Chapter 15, Section 5, second 
and fourth paragraphs, Section 6 and Section 8 of the S\\'edish Code of Judicial 
Procedure apply. The decisions may be enforced imnlediately. 
Prohibition and information orders 
Section 21 
In cases which are not of great inlportance the COnSU111er Olnbudsman may issue an order concerning IP/NIlISWE/OI 1 
Page 7 
1. prohibition referred to in Sections 14 or 17 (prohibition orders), or 
2. order referred to in Section 15 (information orders). 
The order shall be issued subject to a default fine. 
In order to be valid the businessman shall approve the order immediately or 
within a certain period. If the order has been approved it applies as a judgment 
of the court \vhich has entered into final force. 
An approval made after the prescribed time does not apply. 
Market disruption fee 
Prerequisites for the fee 
Section 22 
A businessman may be ordered to pay a special fee (market disruption fee), if the 
businessman or a person acting on his behalf intentionally or by carelessness 
violates any of the provisions of Sections 5 to 13. 
This also applies to a businessman who intentionally or carelessly contributes to 
the violation. 
The fee belongs to the State. 
Section 23 
A market disruption fee may not be imposed on a person in respect of a violation 
of a prohibition or an omission to observe an order issued subject to a default fine 
under this Act. 
The Amount of the Fee 
Section 24 
The ll1arket disruption fee shall be deterll1ined to be at least five thousand crowns 
and at most five million crowns. 
The fee may not exceed ten percent of the businessman's annual turnover. Annual 
turnover shall relate to the turnover of the in1n1ediately preceding financial year. 
If the violation has occurred during the businessman's first year of operations or 
if information concerning annual turnover is othenvise not available or inadequate, 
the annual turnover may be estimated. 
If an action is directed towards several businessmen, the fee shall be detern1ined 
specifically for each and everyone of them. IP/NIl/SWE/OI 1 
Page 8 
Section 25 
When deternlining the market disruption fee special regard shall be taken to the 
seriousness of the violation and its duration. 
In petty cases a fee shall not be ilnposed. The fee may be relnitted if there are 
extraordinary reasons. 
Limitation of time 
Section 26 
A market disruption fee may only be imposed if the summons application has 
been served on the person against whom the claim is directed within five years 
after the cessation of the violation. 
Section 27 
A market disruption fee lapses if the judgment has not been enforced \vithin five 
years from the time when it entered into final legal force. 
Provisional attachment 
Section 28 
In order to provide security for a clam for a market disruption fee, the court may 
decide on provisional attachment. In that event the provisions of Chapter 15 of 
the Code of Judicial Procedure relating to provisional attachment for debts apply. 
Damages 
Section 29 
A person who intentionally or by carelessness violates a prohibition or an order 
issued under Section 14 or 15 or violates a provision in Sections 5 to 13, shall 
pay compensation for the damage thereby arising to a consunler or another 
businessnlan. 
When detennining the conlpensation to businessnlen regard nlay also be taken to 
circumstances other than those of an economic nature. 
Section 30 
An entitlement to danlages lapses if the action is not instituted \vithin five years 
of the danlages being incurred. Elimination of misleading statements 
Section 31 IP/NIl/SWE/OI1 
Page 9 
If.a prohibition subject to a default fine under Section 14 or a provIsIon of 
Sections 5 to 13 is violated, the court nlay according to \vhat is reasonable decide 
that a misleading statement found on goods, packages, printed matter, comlnercial 
documents or the like shall be eliminated or changed so that it is not longer 
misleading. If this objective cannot be achieved by other means the court may 
order destruction of the property. 
Measures for Security 
Section 32 
If the applicant shows probable cause for the approval of his claim in accordance 
with Se~tion 31 and it may reasonably be expected that the defendant by taking 
or by omitting to take a certain act reduces the importance of a decision for 
elimination, the court may decide on appropriate measures to apply until otherwise 
decided. Chapter 15, Section 3 second paragraph, Section 5 second and fifth 
paragraphs, Section 6 and Section 8 of the Code of Judicial Procedure apply in 
relation to such measures. Decisions may be enforced immediately. 
If a claim is presented under Section 31 in a case concerning the judicial 
confinnation of a default fines prescribed pursuant to this Act, instead of the 
provisions in the first paragraph applying, the property may be seized. In that 
event the provisions of Chapter 27 of the Code of Judicial Procedure concerning 
seizure in criminal cases apply. Decisions may be enforced inlmediately. 
Section 33 
A decision to eliminate misleading statements under section 31 and decisions for 
measures to provide security under Section 32 are issued on the application of a 
party by the court where proceedings concerning a prohibition under Section 14, 
a nlarket disruption fee under Section 22 or dmnages under Section 29 are 
pending. 
Decisions to eliminate statements on account of violations of a prohibition 
subject to a default fine under Sections 14 and 19 lnay be issued on the 
application of a party by the court \vhere the proceedings concerning he 
confirmation of the default fine are pending. 
Duty to provide information etc. 
Section 34 
A businessman is obliged, on the direction of the Consumer Ombudsman, to 
1. express his views and provide the information necessary in a case 
concerning application of this Act, 
2. make available those documents, sanlples of goods and the like \vhich IP/NIlISWE/OI 1 
P~ge 10 
may be of illlportance to the investigation in a Illatter \vhere a decision concerning 
a prohibition or order under Sections 14, 15 or 17 l11ay be assumed to arise. 
Section 35 
A person who has been issued \vith a prohibition or order under Sections 14, 15 
or 17 is obliged, on the direction of the Consun1er On1budsman, to make available 
the information, documents, samples of goods and the like which are necessary 
to supervise compliaI1ce with the prohibition or order. 
S~ction 36 
If a direction under Section 34 or 35 is not observed, the Consumer Ombudsman 
may prescribe a default fine for the person concerned to satisfy his obligations. 
Section 37 
The Consumer Ombudsman may pay compensation for such samples of goods and 
the like referred in Sections 3 and 35, if there is special reason for so doing. 
The Government or the authority designated by the Government may prescribe 
rules concerning the duty of a businessman to pay the Consumer Ombudsman's 
expenses for taking samples and examination of samples in cases referred to in 
Section 35. 
Where and by lvhom may proceedings be instituted 
Prohibitions and Orders 
Section 38 
Actions concerning prohibition or orders under Sections 14, IS or 17 are instituted 
in the Stockholm City Coure. 
Such an action may be instituted by 
1. the Consumer Ombudsman 
2. a businessman affected by the marketing, and 
3. an association of consun1ers, business111en, wage or salary earners. 
An interim decision under Section 20 is issued by the court where proceedings 
under the first paragraph are pending. 
Market disruption fee 
Section 39 
An action concerning a market disruption fee under Section 22 is instituted in the 
2 The Stockholm City Court is the district court of Stockholm. Stockhohn. City Court by the Consumer Ombudsman. IP/NIlISWE/OI 1 
Page 11 
If, in a particular case, the Consumer Ombudsman decides not to present an 
application for a lnarket disruption fee a private businessnlan affected by the 
marketing and an association of businessmen may institute such an action. 
A decision for provisional attachment under Section 28 is issued by the court 
where proceedings concerning a market disruption fee are pending. If the action 
has not yet been commenced, the provisions of the first paragraph apply to the 
issue of competent court. 
Confirmation of default fine 
Section 40 
Actions c~ncerning the confirmation of default fines prescribed pursuant to this 
Act are instituted at a district court which is competent in accordance with 
Chapter 10 of the Code of Judicial Procedure. Such an action may always be 
instituted at Stockholm City Court. 
The action may be instituted by a person who has requested the imposition of a 
default fine and by the Consumer Ombudsman. 
Damages 
Section 41 
Actions for damages under Section 29 are instituted at Stockholm City Court. 
Such an action may also be commenced at a district court competent in 
accordance with Chapter 10 of the Code of Judicial Procedure. 
Appeals 
Section 42 
The Consunler Ornbudsnlants decisions under Section 34, itenl 1 and concerning 
orders subject to default fines following such a direction may not be appealed 
against. 
The Consumer Onlbudsnlants decisions under Section 34, itenl 2 and Section 35 
and also concerning orders subject to default fines following such a direction nlay 
be appealed against to Stockholnl City Court. This also applies to cOlllpensation 
under Section 37 or under provisions issued pursuant to the said section. 
Section 43 
Judgments and decisions of the district court in cases and nlatters under this Act 
are appealed against to the Market Court. Judgments and decisions in cases 
concerning the confirmation of default fines prescribed pursuant to this Act are, IP/NI lISWE/OI 1 
Page 12 
however, appealed against to a Court of Appeal in accordance \vith the provisions 
of the Act concerning Default Fines (SFS 1985 :206). 
Decisions in the course of proceedings or matters referred to in Section 20 and 
Section 32, first paragraph, may be appealed against independently. When being 
dealt \vith in the Market Court, decisions shall be considered to relate to n1easures 
in accordance \vith Chapter 15 of the Code of Judicial Procedure. 
Legal Force 
Section 44 
A judgment d.~aling with matters concerning prohibition under Section 14 or 17 
or orders under Section 15, prevents a new action under Section 14, 15 or 17 
being instituted by reason of the marketing. However, such a judgment does not 
prevent a new· determination of the same issue when changed circumstances give 
cause for so doing. 
Composition of the Court etc. 
Section 45 
At the main hearing of matters under this Act the Stockholm City Court shall be 
constituted by four members, of \vhich two shall be legally qualified judges and 
two financial experts. One of the legally qualified judges shall be the chairman 
of the court. 
If after the main hearing has commenced, legal excuse for absence of one of the 
members arises, the court is nevertheless competent. 
At the main hearing of cases referred to in Chapter 1, Section 3a second and third 
paragraphs of the Code of Judicial Procedure and on detennination of cases 
\vithout a main hearing, and similarly \vith procedures not conducted by a main 
hearing, the district court shall be constituted by one legally qualified judge, 
unless othenvise provided by Section 46. HO'wever, in such cases a financial 
expert may also participate in the court. 
Section 46 
When determining cases \vithout a n1ain hearing and \\I'hen considering issues 
which are part of the proceedings, the Stockholm City COUli n1ay be composed 
as stated in Section 45, first paragraph, if these is special cause for so doing 
having regard to the nature of the case or issue. 
Section 47 
In cases only relating to dan1ages under Section 29, Stockholm City Court n1ay 
be composed as provided by Chapter 1, Sections 3a, 3c and 3d of the Code of 
Judicial Procedure. Section 48 IP/N/1/SWE/O/1 
Page 13 
When dealing with matters referred to in Section 42 second paragraph, Stockholm 
City Court shall be composed as stated in Section 45, first paragraph. Procedures 
referred to in Section 3 and 4 or the Act concerning Procedures in Judicial 
Matters (SFS 1946:807), the district court shall be constituted by one legally 
qualified judge. In such cases a financial expert may participate in the district 
court. 
Section 49 
The Government shall appoint for a certain time persons to serve as financial 
experts under Section 45. Notwithstanding that while a financial expert is 
participating in a case or matter, circumstances arise \vhereby the appointn1ent 
must cease to apply, the appointment shall be considered valid as regards the case 
or matter ,pending. 
A person serving as a financial expert must be a Swedish national and may not 
be a minor, in a state of bankruptcy or have an administrator under Chapter 11, 
Section 7 of the Code on Parents Guardians and Children. 
Regulations concerning litigation 
Procedure in the Stockholm City Court and the Market Court 
Section 50 
Unless otherwise provided by this Act, the provisions of the Code of Judicial 
Procedure concerning civil disputes where settlement is not permitted apply to 
cases concerning prohibitions or orders under Sections 14, 15 and 17 and cases 
concerning market disruption fees under Section 22. 
In cases concerning damages under Section 29, the provisions laid down in the 
Code of Judicial Procedure concerning civil disputes \vhere settlen1ent of the 
matter is permitted apply. 
In the Stockholn1 City Court the Act concerning Procedure in Judicial Matters 
(SFS 1946:807) apply in n1atters referred to in Section 42, second paragraph, 
unless otherwise provided by this Act. 
Section 51 
The provisions of Chapters 49, 50 and 52 of the Code of Judicial Procedure 
concerning courts of appeal shall, in cases and matters under this Act apply 
instead to the Market Court. 
Section 52 
If an action under this Act has been instituted by someone other than the IP/NIlISWE/OI 1 
Page 14 
Consumer Ombudsn1an, the district court shall notify the Consulner Ombudslnan 
about the proceedings. 
Joinder 
Section 53 
In the district court, cases concerning damages under Section 29 111ay only be 
amalgamated \-vith other cases under this Act. 
1l1terv~ntion 
Section 54 
In cases concerning prohibitions or orders under Section 14, 15 or 17 the person 
entitled to sue in accordance with Section 38, second paragraph, is entitled to 
participate in the litigation as intervenor ~under Section 14 of the Code of Judicial 
Procedure. 
Litigation Costs 
Section 55 
In cases under this Act the provisions of Chapter 18 of the Code of Judicial 
Procedure apply to issues concerning litigation costs. However, the regulations 
in Chapter 18, Section 16 of the Code of Judicial Procedure shall not be applied 
in cases concem}ng prohibitions or orders under Section 14, 15 and 17. In such 
cases the court may decide that each party bears their o\\'n litigation costs. 
Non-attendance 
Section 56 
The provisions laid down in the Code of Judicial Procedure concerning public 
prosecutions apply in respect of the Consun1er Ombudsn1an as a party to a case 
or matter under this Act, in issues concerning orders for parties and the non­
attendance of parties. 
Other Provisions 
Section 57 
The Government n1ay \vith reference to a foreign State decide that the following 
shall apply. 
As regards goods provided \vith an incorrect or n1isleading indication of origin, 
by which the goods are directly or indirectly indicated to be produced or 
manufactured in the foreign State or in a region or district of the foreign State, 
n1easures under Section 31 may also be decided in cases other than those referred IP/NIlISWE/OI 1 
Page 15 
to there. However, this does not apply if the designation, in accordance with 
trade custonl, only serves to denote the kind of goods or if it is acconlpanied by 
information clearly stating that the goods have not been produced or manufactured 
in the State or district mentioned. 
Actions concerning measures under the second paragraph are instituted in the 
Stockholm City Court by the Consumer Ombudsman or, if he has decided not to 
issue proceedings, by a person conducting business in goods of the same nature 
as the goods to which the action relates. 
1. This Act enters into force on 1 January 1996, at which time the 
Marketing Act (1975:1418) shall cease to apply. 
2. The ·provisions of Sections 4 to 13 also apply to marketing conducted 
before the e_ntry into force, unless the measure was permitted according to 
previously applicable provisions. However, in relation to such marketing the 
market disruption fee under Section 22 may not be imposed and the issue of 
damages shall be detennined in accordance with previously applicable provisions. 
3. Prohibitions and orders and also prohibition and information orders 
issued under previously applicable provisions still apply. 
4. Cases concerning damages, prohibitions or orders where the action was 
commenced before the entry into force are dealt with in accordance with 
previously applicable provisions. 
On behalf of the Government 
LENA HJELM-WALLEN 
Translator 
lAMES HURST 
ENGLISH LAW TRANSLATIONS MARlT A UL VSKOG 
(Ministry of Public Adminstration) 