Subject: Information about the implementation of the Article 17 (9) of the DSM directive 2019/790
From: "Nava Maria" <[email-masked]>
To: "JM info Shared MB"
Cc: "EPA autor", "Patendiamet"
Date: Tue, 13 Feb 2024 11:00:54 +0200

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

To whom it may concern,

In behalf of the Swedish Intellectual Property Office I am writing to you
in the aim to obtain information about the transposition of the
DSM-directive 2019/790, in particular about the implementation of Article
17 related to the mechanisms for the settlement of disputes.

I need to highlight in particular the recital (70) concerning the
respective numeral (9) of this article 17, which indicates that "…Member
States shall also ensure that out-of-court redress mechanisms are
available for the settlement of disputes. Such mechanisms shall enable
disputes to be settled impartially and shall not deprive the user of the
legal protection afforded by national law, without prejudice to the rights
of users to have recourse to efficient judicial remedies…"

Following the provisions of the recital and the numeral of this article in
particular, we would like to know if you have information about how  your
Country have implemented these out-of-court redress mechanisms.

In the same way, if it is possible to know if in any of those implemented
out-of-court redress mechanisms, have you being applied any alternative
dispute resolution system like mediation.

Last but not least, if you have information about any case law that has
come in your Country concerning article 17 (9).

Do not hesitate to contact me if you have any questions.

Thank you in advance for the help and for the information you can provide
us.

Regards,

Maria Nava

Lawyer

Swedish Intellectual Property Office
PO Box 5055
102 42 Stockholm
Visitors: Valhallavägen 136, Stockholm.

Phone: +468 782 29 93

Cell phone: +4672 596 99 93

Reception: +468 782 28 00
E-mail:  <mailto:[email-masked]> [email-masked]
www.prv.se/In-English/

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