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1056
xv. synopsis of industrial legislation of sweden.
The association registers are kept with the Governors of the Läns (Law
of June 28, 1895 and proclamation about keeping association registers etc., of
May 18, 1896).
What is entered upon the various registers is announced in the daily papers.
Through the Patent and Registry office a synopsis is annually issued containing
informations published by the registers of trade, of joint stock companies, and of
associations. (Proclamation on this subject, of June 5, 1896).
The holder of a firm entered upon a register of trade can give notice to it
of procuracy, i. e., the authority conferred on a certain person of acting on his
behalf regarding the business and of signing his name. Procuracy in writing
entitles the procurator, in person or by proxy, to plead his principal’s cause in
court and before other authorities, as well as to come to terms on his behalf.
Without authorization a procurator must not, however, strip his principal of his
landed property, nor yet allow it to be mortgaged. A procuracy involving a
restriction of the rights prescribed, must not be registered. (Law about firms,
§§ 25-32).
Patents.
In Sweden, as in many other countries, the origin of patents can
be traced to the privilegia exclusiva which the government in olden
times granted as a reward and encouragement to a person who had
either made some discovery himself which could be advantageously
applied to home industries, or had started a business that, up to that
time, had not been carried on in Sweden.
At the Riksdag of 1809 a Bill was introduced for the regulation of conferring
privileges for inventions, and on April 28, 1819, the first Patent Law in Sweden
was passed, although the old title »privilegia exclusiva» was retained in the Act
For many reasons, but perhaps chiefly in consequence of the test required by
this statute, concerning the novelty of the inventions, dissatisfaction with the new
law soon arose, and, after repeated proposals on the part of the Riksdag, a new
statute was passed on Dec. 13, 1834, in which the word privilege was superseded
by the modern denomination patent, such being, according to this statute, conferred
without test of novelty. In the Swedish Patent Act of 1819, as well as in that
of 1834, a clause was found to the effect that no patent could be contested unless
a suit had been brought against it within a stated time. This enactment, which
has of låte years again begun to win adherents, and has been incorporated in the
New Patent Laws of the German Empire, was excluded from the subsequent Patent
Law, issued August 19, 1856.
In proportion as industrial activity in Sweden rapidly developed in the 6th
and 7th decades of the past century, and inventors to a greater extent began to
seek the protection of patents, defects became more conspicuously evident in the
patent-system resting on the regulations of 1856, and the demand on the part
of industry grew louder for a more effectual and modern patent-system. After
thorough preparations a proposal was at last formulated, which was accepted by
the Riksdag of 1884, and received the Royal Assent on May 16, that same year.
This statute, which came into force on January 1, 1885, is the now existing
Patent Law. It has since, in certain parts, undergone modifications for the purpose
of rendering the protection accorded by patents more effective, and facilitating
the obtaining and maintenance of patents.
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