WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO IP/N/1/SWE/C/1/ Add.1 
28 January 2004 
Council for Trade-Related Aspects of 
Intellectual Property Rights 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
SWEDEN 
Addendum (04-0298) 
Original: English/ 
anglais/ 
ingles 
The present document reproduces the text' of the following laws, notified by Sweden under Article 63.2 of the Agreement, in 
communications dated 10 December 1997, 21 January 1999 and 21 March 2000: 
-Act (1997:309) of29 May 1997, Amending the Act (1960:729) on Copyright in Literary and Artistic Works 
-Act (1997:790 of 6 November 1997, Amending the Act (1960:729) on Copyright in Literary and Artistic Works 
-Act (1998: 1454), Amending the Act (1960:729) on Copyright in Literary and Artistic Works 
-Act (2000:92), Amending the Act (1960:729) on Copyright in Literary and Artistic Works 
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 
SUEDE 
Addendum 2 
4 
8 
11 
Le present document contient le texte' des lois ci-apres, notitiees par la Suede au titre de l'article 63:2 de l'Accord, dans des 
communications datees du 10 decembre 1997, du 21 janvier 1999 et du 21 mars 2000: 
~ 
-Loi (1997:309) du 29 mai 1997 portant modification de la Loi (1960:729) sur le droit d'auteur concemant les oeuvres 2 
litteraires et artistiques 
-Lai (1997:790 du 6 novembre 1997 portant modification de la Loi (1960:729) sur le droit d'auteur concemant les oeuvres 4 
litteraires et artistiques 
Loi (1998: 1454) portant modification de la Loi (1960:729) sur le droit d'auteur concemant les oeuvres litteraires et artistiques 8 
-Loi (2000:92) portant modification de la Loi (1960:729) sur le droit d'auteur concemant les oeuvres litteraires et artistiques 11 
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 
SUECIA 
Addendum 
En el presente documento se reproduce el texto' de las siguientes leyes que Suecia notitico de conformidad con 10 dispuesto en 
el parrafo 2 del articulo 63 del Acuerdo, en comunicaciones de fecha 10 de diciembre de 1997,21 de enero de 1999 y 21 de marzo de 2000: 
Pagina 
Ley (1997:309) de 29 de mayo de 1997, de modificacion de la Ley (1960:729) de derecho de autor de las obras Iiterarias y 2 
artisticas 
Ley (1997:790 de 6 de noviembre de 1997, de modificacion de la Ley (1960:729) de derecho de autor de las obras Iiterarias 4 
y artisticas 
Ley (1998:1454), de modificaci6n de la Ley (1960:729) de derecho de autor de las obras literarias yartisticas 8 
Ley (2000:92), de moditicaci6n de la Ley (1960:729) de derecho de autor de las obras literarias yartfsticas 11 
1 In English only'/En anglais seulement.!En ingles solamente. IPIN/l/SWE/C/lI Add. 1 
Page 2 
THE GOVERNMENT OFFICES 
Ministry of Justice 
ACT (1997:309) of May 29, 1997 
AMENDING THE ACT (1960:729) ON COPYRIGHT IN 
LITERARY AND ARTISTIC WORKS 
As decided by the Parliament it is hereby prescribed, as concerns the Act 
(1960:729) on Copyright in Literary and Artistic Works 
that Article 45 shall read as follows, and 
that a new Article, numbered Article 29, shall be inserted, reading as 
follows. 
Chapter 3 
Article 29. Where an author transfers to a producer of sound recordings 
or recordings of moving images his right to make available to the public 
a work through rental of such recordings, the author shall have a right 
to an equitable remuneration. 
Contractual stipulations limiting this right are null and void. 
Chapter 5 
Article 45. A performing artist's performance of a literary or artistic 
work may not without his authorization 
1. be recorded on a phonographic record, a film or another material 
support from which it can be reproduced, or. 
2. be broadcast over sound radio or television or be made available to 
the public by direct communication. 
A performance which has been recorded on a material support as 
mentioned in the first paragraph, item 1. may not without the 
authorization of the artist be transferred from one such support to another 
one, or be made available to the public, until fifty years have elapsed 
from the year in which the performance took place or, where the 
recording was published or made public within fifty years from the 
performance, after the year when the recording was first published or 
made pUblic. 
The provisions of Articles 3, 6 -9, 11 -13, 15, 16,21,22,25 -26 b, 
26 e, 26 f, 27 -29, 39, first sentence, 41 and 42 shall apply to 
performances mentioned in this Article. 
When a copy of an recording under this Article has, with the 
authorization of the performing artist, been transferred within the 
European Economic Area, the copy may be distributed further 
The provisions of the fourth paragraph do not confer a right to make 
available to the public IPINI1/SWE/C/lI Add. 1 
Page 3 
1. cr1pl~s of recordings, through rental or other similar legal acts, or 
2. copIes of a film or other material support on WhICh moving images 
have been recorded, through lending. 
1. This Act enters into force on J ul y 1, 1997. 
2. The new provisions apply also to works and performances which have 
come into being before the entry into force. 
3. The new provisions apply also to contracts on transfers which have 
been concluded before the entry into force; this does not, however, apply 
to contracts concluded before November 19, 1992. As regards contracts 
concluded thereafter but before July 1, 1994, a right to remuneration 
under the new provisions exists only where a claim for remuneration has 
been made before September 1, 1997. IPIN/1ISWE/C/1 I Add. 1 
Page 4 
THE GOVERNMENT OFFICES 
Ministry of Justice 
ACT (1997:790) of November 6, 1997, 
AMENDING THE ACT (1960:729) ON COPYRIGHT IN 
LITERARY AND ARTISTIC WORKS 
As decided by the Parliament it is hereby prescribed, as concerns the Act 
(1960:729) on Copyright in Literary and Artistic Works, 
that the heading immediately before Article 29 g shall read as follows, 
and 
that Articles 12, 19,21,26 b, 26 g, 49, 53 and 61 shall read as follows. 
Article 12. Anyone is entitled to make, for private purposes, single 
copies of works which have been made pUblic. Such copies may not be 
used for other purposes. 
The provisions in the first paragraph do not confer a right to 
1. construct works of architecture 
2. make copies of computer programs, or 
3. make copies in digital form of compilations in digital form. 
The provisions in the first paragraph do not confer a right to engage, for 
private purposes, another person to 
1. make copies of musical works or cinematographic works, 
2. make useful articles or sculptures, 
3. copy another person's artistic work by artistic reproduction. 
Article 19. When a copy of a literary or musical work or a work of fine 
arts has been transferred with the consent of the author, that copy may 
be further distributed. 
The provisions in the first paragraph do not confer a right to make 
available to the public 
1. copies of works, with the exception of buildings and works of applied 
art, through rental or similar legal acts, or 
2. copies of computer programs in machine-readable form, through 
lending. 
Article 21. Anyone may publicly perform published works 
1. on occasions when the performance of such works is not the main 
feature of the event, provided that no admission fee is charged and the 
event is not for profit, and 
2. in the course of educational activities and for divine services. 
The provisions of the first paragraph do not apply to dramatic works or 
cinematographic works and do not confer a right to use works in sound 
radio or television. 
The provisions of the first paragraph, item 1. do not confer a right to 
perform, for commercial purposes, compilations in the course of 
educational activities. IPINIlISWE/CllIAdd.l 
Page 5 
Article],6 h. Notwithstanding copyright therein, oW ~al documents shall 
be maLie available to the public as prescribed irl Chapter 2 of the 
Freedom of the Press Act. 
Copyright does not prevent the use of a work in the interest of justice or 
public security. 
Special Provisions on Computer Programs, etc. 
Article 26 g. Anyone who has acquired the right to use a computer 
program is entitled to make such copies of the program and to make such 
adaptations which are necessary in order for him to use the program for 
its intended purpose. This also applies to corrections of errors. 
Anyone who has the right to use a computer program is entitled to make 
back-up copies of the program, if this is necessary for the intended use 
of the program. 
Copies which have been made on the basis of the provisions of the first 
and second paragraphs may not be used for other purposes and may, 
furthermore, not be used when the right to use the program has expired. 
Anyone who has the right to use a computer program is entitled to 
observe, study or test the function of the program in order to ascertain 
the ideas and-principles which lie behind the various details of the 
program. This applies provided that the act is performed in connection 
with such loading, display on a screen, processing, transmission or 
storing of the program that he is entitled to make. 
Anyone who has a right to use a compilation is entitled to dispose of it 
in such a way that is necessary for him to use the compilation for its 
intended purpose. 
Contractual clauses which limit the right of the user under the second, 
fourth and fifth paragraphs are null and void. 
Article 49. Anyone who has prepared a catalogue, a table or another 
similar production in which a large number of information items have 
been compiled or which is the result of a substantial investment has an 
exclusive right to make copies of the production and to make it available 
to the public. 
The right under the first paragraph lasts until fifteen years have elapsed 
from the year in which the production was prepared. Where the 
production has been made available to the public within fifteen years 
from the preparation, the right shall, however, last until fifteen years 
have elapsed from the year in which the production was first made 
available to the public. 
The provisions of Articles 2, second and third paragraphs, 6 -9, 11, 
second paragraph, 12, first and second paragraphs, 13 -22,25,26 -26 
b, 26 d -26 f, 26 g, fifth and sixth paragraphs, and 26 i shall apply also 
to productions referred to in this Article. If a production of this kind, or 
a part thereof, is subject to copyright, also copyright protection may be IP/N/1/SWE/C/1/ Add.l 
Page 6 
claimed. 
Contractual stipulations extending the producer's rights under the first 
paragraph in respect of a production which has been made public are null 
and void. 
Article 53. Anyone who, in relation to a literary or artIstIC work, 
commits an act which infringes the copyright enjoyed in the work under 
the provisions of Chapters 1 and 2 or which violates directions given 
under Article 41, second paragraph, or Article 50, shall be punished by 
fines or imprisonment for not more than two years, if the act is 
committed wilfully or with gross negligence. 
Anyone who for his private use reproduces a computer program which 
is published or of which a copy has been transferred with the 
authorization of the author shall not bear criminal liability, if the master 
copy is not used in commercial or public activities and he does not use 
the copies produced of the computer program for any use other than his 
private use. Anyone who for his private use has made a copy in digital 
form of a compilation in digital form which has been made available to 
the public shall, under the same conditions, not bear criminal liability for 
the act. 
The provisions of the first paragraph apply also if a person imports into 
Sweden copies of a work for distribution to the public, if such copies 
have been produced abroad under such circumstances that a similar 
production here whould have been punishable under that paragraph. 
Anyone who has violated an injunction issued under penalty of a fine 
under Article 53 a, may not be adjudicated to criminal liability for the 
infringement covered by the injunction. 
Attempts to commit acts mentioned in the first or third paragraphs as 
well as the planning of such acts shall be punishable according the 
provisions of Chapter 23 of the Criminal Code. 
Article 61. The provisions of Articles 45, 47 and 48 apply to 
performances, sound recordings and sound radio and television 
broadcasts which take place in Sweden. In addition, the provisions of 
Article 45 apply to performances of persons who are Swedish citizens or 
who have their habitual residence in Sweden, the provisions of Article 
47 to sound recordings the producer of which is a Swedish citizen or a 
Swedish legal entity or a person who has his habitual residence here, and 
the provisions in Article 48 to broadcasts by sound radio and television 
organizations which have their headquarters in this country. The 
provisions of Article 46 apply to sound recordings and to recordings of 
moving images the producer of which is a Swedish citizen or a Swedish 
legal entity or has his habitual residence in Sweden as well as to such 
recordings of moving images which take place in Sweden. However, the 
provision of Article 46 applies, as regards reproduction, to all sound 
recordings. 
The provisions of Article 49 apply to productions of which the producer 
is a Swedish citizen or has his habitual residence in Sweden. The IPINIl/SWE/C/11 Add. 1 
Page 7 
provi1> ;ons apply also to productions of which the p lucer is a Swedish 
legal entity and has its registered office, its main headquarters or its 
principal place of business in Sweden. Where the legal entity has its 
registered office in Sweden but does not have its main headquarters or 
its principal place of business here, the provisions apply, however, only 
where the production forms part of an economic activity established in 
Sweden. 
Of the provisions in Article 49 a, the reference to Articles 50 and 51 
apply to all photographic pictures and the other provisions to 
photographic pictures, 
1. of which the producer is a Swedish citizen or has his habitual 
residence in Sweden, 
2. which have been first published in Sweden or simultaneously in 
Sweden and abroad, 
3. which have been incorporated in a building or another construction 
which is permanently fixed to the ground, if the building or the 
construction is located in Sweden. 
For the purposes of the application of the third paragraph, item 2, the 
publication shall be considered to have taken place simultaneously if the 
work has been published in Sweden within thirty days from its 
publication abroad. 
1. This Act enters into force on January 1, 1998 
2. The new provisions apply also to works and productions which have 
come into being before the entry into force. As regards productions 
which have been prepared within a period of fifteen years before the 
entry into force, the rights under Article 49 apply until January 1, 2014. 
3. The new provisions do not apply in relation to measures undertaken 
or rights acquired before the entry into force. Such copies of productions 
under Article 49 which have been prepared on the basis of previous 
provisions may be freely distributed and displayed. The reference in 
Article 49, third paragraph, to Article 19, second paragraph, shall, 
however, apply. 
4. Anyone who has, on the basis of the provisions previously in force, 
commenced the exploitation of a production according to Article 49 by 
preparing copies or by making it available to the public, may, 
notwithstanding the new provisions, continue the planned activities in the 
manner necessary and customary, however not beyond January 1, 2000. 
The same right has anyone who, before the entry into force, has 
undertaken significant measures for the preparation of copies of a 
production or for making it available to the public. Copies prepared on 
the basis of these provisions may be freely distributed and displayed. The 
reference in Article 49, third paragraph, to Article 19, second paragraph, 
shall, however, apply. IPINIlISWE/CIlI Add. 1 
Page 8 
THE GOVERNMENT OFFICES 
Ministry of Justice 
Henry Olsson 
ACT (Swedish Statute Book 1998:1454) 
Amending the Act (1960:729) on Copyright in Literary and Artistic 
WorkS. 
In accordance with the decision by the Parliament it is hereby, as regards 
the Act (1960:729) on Copyright in Literary and Artistic Works, 
prescribed 
that the heading immediately before Article 53 shall read:" Chapter 7. 
Penal and Civil Liability, etc. " , 
that Article 57 shall read as follows, and 
that eight new Articles, numbered 56 a-56 h, shall be inserted, reading 
as follows. 
Article 56 a. Where it can reasonably be assumed that someone has 
committed an infringement or a violation as referred to in Article 53, the 
Court may, for the purpose of preserving evidence relating to the 
infringement or the violation, order that an investigation may be 
undertaken with respect to that person in order to search for objects or 
documents which can be assumed to be of importance for the inquiry of 
the infringement or the violation (infringement investigation). 
An order for an infringement investigation may be granted only where 
the reasons speaking in favour of the measure outweigh the disadvantages 
or other harm caused to the person against whom it is directed or for any 
other opposite interest. 
The provisions in the first and second paragraphs apply also to attempts 
and to preparatory acts as referred to in Article 53, fifth paragraph. 
Article 56 h. An order for an infringement investigation is issued by the 
Court where proceedings relating to the infringement are conducted. 
Where legal proceedings have not yet been initiated, the provisions 
relating to the competence of Courts in civil infringement cases apply. 
The provisions in the Code of Judicial Procedure concerning limitation 
of the competence of Courts in disputes which are to be initiated 
otherwise than in a Court shall, however, not apply. 
Issues relating to infringement investigations may be taken up for 
consideration only upon a motion by the author or his successor in title 
or by anyone who has, on the basis of a license, a right to exploit the 
work. Where legal proceedings have not yet been initiated, the motion 
shall be submitted in writing. 
The opposite party shall be given an opportunity to submit a statement 
before an order for an investigation is issued. Where a delay would entail 
a risk that objects or documents of importance for the inquiry of the 
infringement would be removed, destroyed or distorted, the Court may, 
however, immediately issue an order to be enforceable until otherwise decided. IPINIlISWE/CI 1/ Add. 1 
Page 9 
In other respects, any issue relating to an infringement investigation 
which arises before legal proceedings have been initiated shall be treated 
in the same way as if the issue had arisen in the course of legal 
proceedings. 
Article 56 c. An order for an infringement investigation may be issued 
only where the applicant posts a bond at the Court for the injury which 
may caused to the opposite party. Where the applicant is not able to post 
a bond, the Court may liberate him from it. As regards the type of 
security, the provisions of Chapter 2, Article 25, of the Enforcement 
Code shall apply. The security shall be examined by the Court, unless 
the opposite party has accepted it. 
As regards appeals against the decision by the Court relating to an 
infringement investigation and as regards the proceedings in higher 
Courts the provisions concerning appeal against decisions prescribed in 
Chapter 15 of the Code of Judicial Procedure apply. 
Article 56 d. Any order for an infringement investigation shall contain 
information about 
1. the purpose of the investigation, 
2. the objects and document which may be searched for, and 
3. which venues may be searched. 
Where necessary, the Court shall set also other conditions for the 
execution of the order. 
Article 56 e. An order for an infringement investigation is immediately 
enforceable. If an application for its execution has not been filed within 
one month from the order, the order becomes invalid. 
Where the applicant does not, within a month from the conclusion of the 
execution, file an action or initiate in some other manner a proceeding 
relating to the issue, any measure which has been undertaken in the 
context of the execution of the infringement investigation shall be 
invalidated to the extent possible. The same applies where an order for 
an infringement investigation is invalidated after the execution has been 
concluded. 
Article 56 f. An order for an infringement investigation is executed 
through the local Enforcement Authority in accordance with the 
conditions prescribed by the Court and in applying Chapters 1 to 3, 
Chapter 16, Article 10, Chapter 17, Articles 1 to 5, and Chapter 18 of 
the Enforcement Code. The applicant's opposite party shall be informed 
about the execution only if the order for an infringement investigation 
has been issued after hearing the opposite party. The Authority has the 
right to make photographs and video and sound recordings of such 
objects for which it is authorized to search. The Authority may also 
make copies of, and extracts from, such documents for which it is 
authorized to search. 
An infringement investigation must not concern written documents IP/N/1 ISWE/C/l I Add. 1 
Page 10 
referred to in Chapter 27, Article 2, of the Code of Judicial Procedure. 
Article 56 g, The opposite party has the right to summon an attorney 
when an order for an infringement investigation is to be executed. The 
execution must not begin before the attorney has arrived. This does, 
however, not apply if 
1. the investigation is thereby unnecessarily delayed, or 
2. there is otherwise a risk that the purpose of the measure will not be 
achieved. 
In the course of the execution the Enforcement Authority is authorized 
to engage, as necessary, the services of experts. 
The Authority may permit the applicant or a representative of the 
applicant to attend the investigation in order to provide information. If 
such a permission is granted, the Authority shall see to it that the 
applicant or the representative is not being informed about the findings 
at the investigation more than can be justified by the execution. 
Article 56 h. Photographs and video and sound recordings of objects as 
well as copies of, and extracts from, documents shall be listed and shall 
be held available for the applicant and the opposite party. 
Article 57. The provisions of Articles 53 -56 h shall apply also to rights 
protected by the provisions in Chapter 5. 
This Act enters into force on January 1, 1999. 
Note: Corresponding amendments have been made also in 
-the Trademarks Act (1960:644) (Articles 41 a -41 h) 
-the Patents Act (1967:837) (Articles 59 a-59 h) 
-the Designs Act (1970:485) (Articles 37 a -37 h) 
-the Trade Names Act (1974: 156) (Articles 20 a -20 h) 
-the Act on the Protection of Topographies for Semiconductor 
Products (1992: 1685) (Articles 12 a -12 h), and 
-the Act on the Protection of Plant Breeders' Rights (1997:306) 
(Chapter 9, Articles 7 a - 7 h). Act (2 000:92) JPIN/1/SWE/C/1/Add.1 
Page 11 
Amending the Act (1960:729) on Copyright in Literary and Artistic Works 
In accordance with the decision by the Parliament it is hereby prescribed that Articles 9, 26 
and 26a in the Act (1960:729) shall read as follows. 
Article 9. Copyright does not subsist in 
1. laws and other regulations, 
2. decisions by public authorities, 
3. reports by Swedish public authorities, 
4. official translations oftexts mentioned under items 1.-3. 
However, copyright subsists in works of the following kinds when they form part of a document 
mentioned in the first paragraph: 
1. maps, 
2. works of drawing, painting or engraving, 
3. musical works, or 
4. works of poetry. 
Copyright also subsists in a work which forms part of an annex to a decision by a public 
authority, if the decision concerns the right of access to the public document where the work 
forms part. 
Article 26. Anyone is entitled to use oral or written statements 
1. before public authorities, 
2. in government or municipal representative bodies, 
3. in public debates on public matters, 
4. at public questionings on such mat!ers. 
The provisions of the first paragraph, items 1. and i do, however, not apply as regards 
information for which secrecy applies under the provisions of Chapter 8, Article 27, of the 
Secrecy Act. 
In the application of the provisions in the first paragraph it shall, however, be observed, 
1. that writings cited as evidence, reports and similar works may be used only in connection 
with a report concerning the legal proceedings or case in which they have appeared and only to 
the extent necessary for the purpose of such a report, 
2. that the author has an exclusive right to publish compilations of his statements, and 
3. that what is stated during questionings as mentioned in the first paragraph, item 4. must not 
be used, on the basis of that provision, in sound radio or television broadcasts. 
Article 26 a. Anyone is entitled to use works which form part of the documents mentioned in 
Article 9, first paragraph, and which are of the kind mentioned in Article 9, second paragraph, 
items 2. -4. This does not, however, apply to such works as mentioned in Article 9, third 
paragraph. The author is entitled to remuneration, except when the use occurs in connection with 
1. the activities of a public authority, 
2. a report of the legal proceeding or case in which the work appears and the work is used only 
to the extent necessary for the informatory purpose. IF /NI l/SWE/CI 1/ Add.] 
Page 12 
Anyone is entitled to use documents which are prepared by Swedish public authorities but which 
are not such as are mentioned in Article 9, first paragraph. 
The second paragraph does not apply to 
1. maps, 
2. technical models, 
3. computer programs, 
4. works created for educational purposes, 
5. works which are the result of scientific research, 
6. works of drawing, painting or engraving, 
7. musical works, 
8. works of poetry, or 
9. works copies of which are made available to the public through public authorities III 
connection with commercial activities. 
1. This Act enters into force on April 1, 2000 
2. The new provisions in Articles 9 and 26 a apply also to works which form part of an annex to 
a decision which has been given before the entry into for~e. 
3. The new provision in Article 26 applies also to information contained in works which have 
been cited orally or in writing before the entry into force 
4. An act which has been undertaken before the entry into force in respect of a work as 
mentioned in items 2. and 3. and which was permissible at that time can not be challenged on 
the basis of the new provisions.