Sexual abuse – where does the law drawn the line?

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Nadja Hatem

The Swedish Supreme Court has recently come up with a verdict that’ll work as guidance in sexual abuse cases. The verdict is based on a case where a male teacher have said “oh how big your breasts became now” to his 15-year-old female student during class.

Right before the incident, the student tried on a weightlifting belt by fastening it to the outside of her top. That’s when the teacher commented on the 15-year-old girl’s body. The girl has stated that the comment made her uncomfortable and that she became insecure about how to act around the teacher afterwards. Several students were also present at the time, and in retrospect they say they were shocked by the comment.

The teacher was convicted of sexual abuse in both district court and the court of appeal in Sweden. The conviction was then appealed to the Supreme Court where it was concluded that the comment couldn’t be considered sexual abuse according to law. And so the Supreme Court acquitted the teacher of the charge.

What is sexual abuse?

Sexual abuse as a crime in Sweden is regulated in Chapter 6 § 10 § 2 of the Criminal Code. There, it’s stated that there are two different forms of sexual abuse. On the one hand you can get charged of sexual abuse if you expose yourself to someone in a way that’s meant to cause discomfort. On the other hand you can get charged of sexual abuse if a you, either through words or actions, abuse or molest someone in a way that’s meant to violate the victim’s sexual integrity. The latter form of sexual abuse was what was relevant in the case of the teacher and the 15-year-old girl. The big question was whether the teacher’s comment was meant to violate the girl’s sexual integrity.

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Intention and experience doesn’t matter in sexual abuse cases

When it comes to sexual abuse in Sweden, the verdict has to be made on objective grounds. So it doesn’t matter what the teacher’s intention was or how the girl experienced the incident. What matters is whether the comment was meant to violate the girl’s sexual integrity. That is, if there was an intention to offend the girl. And that the act has a clear sexual orientation or character.

The verdict from the Supreme Court stated that there were a couple of things important to bear in mind, like:

  • who had carried out the act.
  • who the act was aimed at.
  • in what context it took place.
  • and whether the act otherwise had a sexual purpose.

In this case, the Supreme Court believes that the comment was improper and inappropriate. But that that doesn’t necessarily mean that there was a sexual meaning to it. That’s why they believe there weren’t enough grounds to convict the teacher of sexual abuse.

Why did the Swedish Supreme Court judge differently?

Both the district court and the court of appeal convicted the teacher of sexual abuse. Both verdicts stated that the comment had a clear sexual orientation and character and that it was meant to violate the girl’s sexual integrity. It was also taken into account that the incident took place in school between a teacher and a student. And that there was a clear imbalance of power between them.

The Supreme Court states that a comment about someone’s breasts often can have the sort of sexual orientation or character required to be able to convict someone of sexual abuse. And they agree that the comment was improper and inappropriate. However, they also believe the comment didn’t have a sufficiently clear sexual orientation or character to be able to convict the teacher of sexual abuse.

In this particular case, the Supreme Courts conclusion was that the comment appeared to be a spontaneous reaction to what happened, and that it didn’t have a sexual meaning. That a mere comment about someone’s breasts isn’t enough for a conviction. According to the Supreme Court, it’s instead other circumstances that determine whether such a comment can be regarded as sexual absue or not. And that’s why they acquitted the teacher.

Do men and women judge differently in Swedish courts?

What’s interesting in this case is that women were judging in both the district court and the court of appeal. In the Supreme Court however, the case was judged by a majority of men (four men and one woman). Since the district court and the court of appeal held the man guilty of sexual abuse, while the Supreme Court disagreed, it’s worth asking; do men and women to some extent judge differently in Swedish courts?

This is an interesting question, especially when it comes to sexual crimes where the perpetrator often is a man and the victim often a woman. And especially since the viral snippa-verdict also was judged mainly by men. The one woman who participated in the sentencing made it clear that she didn’t agree with the verdict. And that she thought it was clear what the victim meant when she talked about her genitalia.

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Differences between a public defender and private defense

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Daniel Gobraeel
Photographer: Carl Johan Erikson

If you’re suspected of a crime in Sweden, you need a lawyer to defend you. Someone who’s familiar with Swedish law, who will guide you through the legal process and who can explain to you what your options are in the process. Sometimes you may need to hire a lawyer to represent you in court. However, sometimes you could also be entitled to a court-appointed public defender.

Only lawyers who are members of the Swedish Bar Association are allowed to work as public defenders in Sweden. The difference between a lawyer who’s a member and one who’s not is the obligation to follow the Swedish Bar Associations ethical rules.

A common misunderstanding is that lawyers who are not members lack the experience, and thus the expertise members have. The expertise of your defense depends on the cases they’ve worked with and amount of time they’ve spent on them. In other words, a lawyer who’s not a member of the Bar Association but who has worked on criminal cases for several years may have more experience and expertise as a defense attorney than a lawyer is a member but who has mainly worked on immigration cases. Therefore, it’s important that you consider your defenders previous experience rather than if they’re a member or not.

When you have the right to a public defender

You always have the right to a public defender if:

  • you’re arrested or detained.
  • you’re suspected of a crime punishable by imprisonment for at least six months.

Important to note here is that in both cases you must ask for a public defender. You won’t get one automatically. If you don’t qualify for a public defender, you can still ask for one. Sometimes you could be granted one anyway if the court deems there’s special need for it.

When you want a public defender, you have to contact the prosecutor handling your case. The prosecutor will take it up with the court. Depending on what you’re suspected of, you’ll then be given a public defender straight away or the court will review your case to determine if the need for one exists. If your case has already been prosecuted, you can instead go directly to the court and ask for a public defender.

What a public defender will cost you

A public defender is not completely free of charge. But the difference between a public and private defender is that the state will pay part of the public defender’s costs. How much they will pay and what you have to pay yourself differs from case to case. You’ll usually find out how much that is at the trial.

If you’re not satisfied with your public defender, you can ask to have them replaced. However, it’s not guaranteed that the court will approve this. Should they not, you can always choose to hire a private defender instead.

How to hire a private defender

A private defender is simply a lawyer that you hire yourself. Even if you have the right to a public defender, you can always choose to hire a private one instead. The costs of a private defender differs between different law firms. Sometimes the firm will charge you by the hour and give you an estimate in advance of how many hours your case may take. But there is a risk that the final cost will be higher than what they’ve estimated. At Kliently, we know that a legal process is a great stress for all parties. That’s why we give our clients a quote in advance with a fixed cost for the entire case. If you’re accused of a crime but are acquitted, you can request compensation from the court for the costs you incurred when you hired your private defense attorney.

If you’re suspected of a crime and need to hire a private defense attorney, you can always turn to us at Kliently. Start by booking a video meeting with one of our lawyers in the Kliently app and we will advise you on what options you have and what we recommend for you.

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Your rights to annual leave as an employee in Sweden

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Daniel Gobraeel

Especially during the holidays, many people wonder what they’re entitled to when it comes to annual leave. The Swedish Annual Leave Act entitles all employees to 25 days annual leave each year. This corresponds to five weeks. Of those days, you have the right to take at least four consecutive weeks of holiday leave during the summer, i.e. during the months of June-August. If you don’t work five days a week, you’re still entitled to what would equal 25 days of leave. The number of days you’re entitled to will then recalculated based on how many days per week you actually work.

It’s important to distinguish between the right to annual leave and the right to receive compensation during your leave. The Annual Leave Act always gives you the right to leave. If you’re entitled to compensation during your leave depends on whether you’ve worked long enough to earn paid leave days. Also collective agreements and other conditions that you and your employer have agreed upon can affect what you’re entitled to in terms of annual leave.

Annual leave for part-time employees

The Annual Leave Act doesn’t take into account how many hours per day you work. It only takes into account how many days per week you work. As long as you work five days a week, you’re entitled to 25 days of annual leave. This also applies when you work five days a week but part-time. However, if you work fewer than five days a week, you’ll also get fewer annual leave days per year. If you work an average of four days a week, i.e. 80 percent of a five-day week, you’re also entitled to 80 percent of the 25 days the Annual Leave Act guarantees, which then becomes 20 days.

You can only take annual leave for whole days and only on the days you would normally have worked. You can never take half a day off as leave. So when you calculate how many leave days you’re entitled to, you must also round the number of days up to the nearest whole number. An example of this is if you work an average of 3.5 days a week. This means that you work 70 percent of a five-day week, which gives you 17.5 leave days. These should be rounded up to 18 days instead.

Right to compensation during annual leave

To also be entitled to pay during your leave, you must have worked and earned paid annual leave days. The 25 days you’re entitled to according to the Annual Leave Act only gives you the right to take time off. It doesn’t guarantee that you’ll be paid during that time.

According to the Annual Leave Act, a holiday year spans from April 1st of year 1 to March 31st of year 2. The holiday pay you earn during a holiday year can then be withdrawn starting from April 1st of year 2. If you’ve only worked part of a holiday year, for example half, you’ll only get holiday pay for half of the leave days. However, you still have the right to all of your leave days. Only that the rest of the days will be unpaid. If you’ve worked a full holiday year, you’re entitled to 25 paid leave days according to the Annual Leave Act.

If you’re employed for a maximum of three months, your employer can waive your right to annual leave. You won’t have the right to take any leave during your employment then. But you’re still entitled to holiday pay. Your holiday pay cannot be included in your regular salary and your employer has to report the pay separately on your salary statement.

Calculate what you’ll receive in holiday pay

Many employees have a collective agreement that regulates how much your holiday pay is. But if you don’t have one, there’s a minimum level for holiday pay according to the Annual Leave Act. Usually you’ll receive the same salary as you would’ve had you worked, but with a bit more in addition. To calculate your holiday pay you can use the following formula:

(Monthly salary/21) + (0.43 x Monthly salary/number of annual leave days)

If you have a variable salary and, for example, work on commission, there’s another way to calculate what you’ll receive in holiday pay. In this case you can take 12 percent of the total salary you’ve earned from April 1st of year 1 to March 31st of year 2. That’s your total holiday pay. How much that would be per leave day is the amount of the total holiday pay divided by 25.

Should you in this case have more than 25 leave days, you need to add 0.48 percent for each additional day. Instead of taking 12 percent of the total salary, you take 12.48 percent if you have 26 leave days, 12.96 percent if you have 27 leave days, etc.

When your employer doesn’t comply with the Annual Leave Act

What the Annual Leave Act says is the basis for all employees in Sweden. You could be entitled to more if you also have a collective agreement or extra benefits in your contract. But if your employer should deny you annual leave and holiday pay when you’re entitled to it, you can contact a lawyer for advice and to pursue your case in court. In the Kliently app, you can get in touch with our lawyers seven days a week, 365 days a year.

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Sexsomnia and the use of it as an objection in rape cases

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Daniel Gobraeel

It has become more common to use sexsomnia as a defense in rape cases in Sweden. Sexsomnia is a scientifically established and recognized variant of sleepwalking. It simply means that the person with sexsomnia engages in involuntary and uncontrolled sexual acts during sleep. To be able to convict someone in a rape case, they have to have been aware of their actions. This means that people who perform uncontrolled movements and actions during their sleep cannot be convicted by law. Another way of looking at it from a criminal law perspective is that the perpetrator lacked intent for the deed. Since intent is a requirement in rape cases, it becomes more difficult to convict when words stand against words.

It becomes even more complicated when current research establishes that individuals can engage in uncontrolled sexual movements and behaviors due to sexsomnia. For example, people with sexsomnia have been able to engage in masturbation, sexual touching and even penetrative intercourse with others without being aware of what they’re doing. It’s during the so-called non-rapid eye movement stage of sleep that these actions usually take place. People with sexsomnia have shown that they’re completely unaware of the sexual acts they perform. And that they completely or partially lack memories of this when they have woken up. This is because there is a partial awakening in the brain. The person sleeps to some extent, but the brain doesn’t store any memories.

Difficult to disprove the lack of intent

Since Swedish law requires a person to have intent in order to be convicted of a sexual crime, it’s up to the prosecutor to prove that the sexual act was committed while awake. However, the prosecutor only needs to prove that objections from the accused are unfounded. When it comes to sexsomnia, prosecutors in several legal cases have used sleep scientists to determine whether the perpetrator could have committed unconscious sexual acts in their sleep.

It’s important to remember that a conviction is difficult to obtain if the perpetrator tends to sleepwalk. For instance if the person showed such tendencies at an early age. Or if the person has previously woken up confused and with memory gaps. And the difficult thing for the prosecutor here is to try and disprove the existence of sexsomnia after the fact.

Sexsomnia complicates for victims of sex crimes

Since there are no Supreme Court cases in Sweden to use as guidance where sexsomnia has been used as an objection, these types of cases are complicated to handle. This risks worsening the victims experience of the crime and the process thereafter. There’s also a risk that potential sex offenders could use sexsomnia as a loophole very early in a criminal process. In addition, there are clear flaws when the court can objectively come to the conclusion that a crime took place, but at the same time can’t sentence the perpetrator to punishment simply because it hasn’t been possible to prove that they had intent. In the end, this mainly affects the victim who doesn’t get justice for the crime they’ve been a subject to.

What can you do if you’re a victim?

If you’ve been the victim of a sexual crime, it’s important to report it, no matter how painful and difficult it may feel. It’s important partly to try and get the perpetrator convicted and because part of preventing sexual crimes is to minimize hidden statistics within sexual crimes. If you’re a victim and need help or advice from a lawyer, you can always turn to Kliently. Get in touch with us through the Kliently app. The app will give you access to Swedish lawyers at any time, wherever you are.

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New Swedish law allows police to instate stop and search zones

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Nadja Hatem

The Swedish police are now allowed to instate stop and search zones for shorter periods. Within the zones, they’re allowed to search people without any criminal suspicion. Previously, the police were only allowed to search people when there was a clear suspicion that the person in question was carrying any sort of weapon. But now, the police have been given greater powers within these specific zones.

The stop and search zones can only be instated by the police if there’s a significant risk that a shooting or explosion could take place in a specific area. The police also have to make the assessment that it’s of particular importance that instating stop and search zones could prevent more shootings and explosions. According to law, these requirements have to be fulfilled in order to instate a stop and search zone.

The stop and search zones can only be instated for a maximum of two weeks. However it’s possible to request that the zone be extended for a longer period of time. The police have the right to search people and search vehicles without criminal suspicion within the zone. They’re also allowed to search children within the zones. When searching, the police are only allowed to do so outside of ones clothes. An example of when the police could instate a stop and search zone is if there have been a shooting or explosion in an area and the police assess that more shootings and explosions could take place as an act of revenge.

What does research about stop and search zones say?

There are no studies that have looked specifically at how stop and search zones affect gang violence and shootings. Although, there is research from England where the conclusion has been that similar scenarios didn’t lead to reduced gang violence. There is some research that shows that it’s effective when the police stop to check people. However, it isn’t possible to say whether that was due to the controls or due to police patrolling the area.

Manne Gerell is an associate professor and university lecturer at Malmö University. He has studied a situation similar to stop and search zones. He looked at areas that the Malmö police had pointed out as areas where they wanted to prevent gang violence. The Malmö police sent officers to check people in those areas. The study showed that crime didn’t decrease, but that the police seized more weapons and more drugs in these areas.

An increased risk of discrimination

There is research that shows that minorities, young people and socio-economically vulnerable people are usually checked by the police to a greater extent. And even if that, to some extent, follows what it looks like in crime statistics, there are also international studies that show that minorities are checked more than their criminality can justify.

Even though the Swedish police say that a certain type of clothing and a certain appearance isn’t enough to stop and search someone, the Swedish Equality Ombudsman (DO) believes that there’s a risk that certain ethnic groups could be discriminated against in within the stop and search zones. Especially since both research and studies show that discriminatory ethnic profiling is already occurring in various police interventions in Sweden today.

The way the Swedish Discrimination Act is designed, you cannot report the police if you’re subjected to a body search and you consider it to be discriminatory. DO has suggested that the Discrimination Act should be revised if the law on stop and search zones is passed. However, it isn’t decided if this is something that will happen in the future.

If you have been discriminated against and you need legal help

If you’ve been discriminated against, it’s important to report it to prevent continued discrimination. Do you need a lawyer’s help with reporting discrimination? Or do you need to talk to a lawyer to get advice regarding your specific situation? Make an appointment with one of our lawyers in the Kliently app today.

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Everything about the new Swedish gender law

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Nadja Hatem

An overwhelming majority of the Swedish government voted yes to a new gender law. This was after much debate regarding what is and is not right for the Swedish citizens. But what does the new gender law actually mean? And how will it make a difference? Below, a summary of the most important changes that the new law will entail.

The new Swedish gender law comes into force starting July 1st 2025. Unlike the current law, the new one targets all people who want to change their legal gender. Today, it’s only possible for transgender people to change their legal gender. Other groups, such as people that are non-binary, who doesn’t identify themselves as trans but want to change their legal gender aren’t able to do so under the current law. A persons legal gender is what is stated in your passport and what your Swedish social security number indicates. So it’s not about making physical changes to the body. In other words, the new Swedish gender law makes it possible to change legal gender on paper. So you’re not obligated to undergo surgery or physically change gender to do so anymore. This is also something that particularly benefits non-binary people.

The age limit for changing legal gender will also be lowered to 16 compared to today’s 18. And you don’t have to have a gender dysphoria diagnosis to be able to make the change. A simple doctor’s certificate will be enough. However, minors need their guardian’s approval to change their legal gender.

The new Swedish gender law is important for LGBT+ people

Even if the new Swedish gender law means some changes for LGBT+ groups, it’s only a step in the right direction according to the RFSL. Their hope is that people will be able to decide their physical and legal gender identity themselves, without the influence of healthcare and authorities. This is to increase the well-being of LGBT+ people, who are more likely to suffer from mental illness and are also at risk of being discriminated against.

If you’re discriminated against, for example at your workplace, because of your gender identity, you can get help from our lawyers at Kliently. Download our app to book a video meeting with our lawyers today.

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Do you have family or friends who want to visit Sweden?

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Daniel Gobraeel
Two friends embracing, other two friends smiling

If you have family and friends residing in countries outside of EU and Schengen, you may have talked about the possibility for them to visit Sweden. After all, inviting family and friends here is a chance to show off your home and what your life in Sweden looks like, something that’s very important to many. Before you start planning the visit, there are some practical things you need to take care of depending on how long the visit will be.

When someone outside the EU and Schengen wants to visit Sweden for a maximum of 90 days

If you want to invite relatives who want to visit Sweden for a maximum of 90 days, you have to start by filling out an invitation before their visa application. If there are several people who’ll visit you, you have to fill in one form per person. When you’ve done that, you need to send the completed form to the person you’re inviting along with:

  • a copy of valid identification showing your identity. Passport or ID card works just fine.
  • documentation showing income and assets of the person who’s responsible for providing during the visit. You don’t have to be the provider, it can be someone else. And then you can send a copies of payslips, bank statements, pension notices or similar for the last three months.
  • population registration certificate marked “invitation” which can be ordered from the Swedish Tax Agency.

The form and the attached documents has to be submitted to a Swedish embassy or consulate general together with the application for visa.

When someone outside the EU and Schengen wants to visit Sweden for more than 90 days

If the person who wants to visit Sweden wants to stay for more than 90 days, they have to apply for a residence permit, not a visa. And then you need to fill in an invitation for visits longer than 90 days. If there are several people who’ll visit you, you have to fill in one form per person. Along with the form, you have to send:

  • a copy of valid identification showing your identity. Passport or ID card is fine.
  • documentation showing income and assets of the person who’s responsible for providing during the visit. You don’t have to be the provider, it can be someone else. And then you can send a copies of payslips, bank statements, pension notices or similar for the last three months.

The form and the attached documents has to be submitted to the Swedish Migration Agency when applying for residence permit before the visit to Sweden.

Do you need help with filling out the forms before the visit?

Are you or a loved one going to visit Sweden? Do you need help filling out the forms? Or does your loved one need help applying for a visa or residence permit? Then book a video meeting with one of our lawyers in the Kliently app. The app can be used from anywhere in the world, so even your loved ones can get help with Swedish legislation as long as they download the app. And it’s possible to choose a lawyer based on the different languages the lawyers speak.

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Are you suspected of buying sex?

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Miski Ibrahim
Siren light on roof of police car at street. Themes crime, emergency and help.

In the Kliently app, we receive a number of calls from people who have been caught for buying sex and want to know what will happen in the future. In the app, you can ask questions directly to a lawyer by booking a video meeting. Then you have the opportunity to go through your case and ask more specific questions. But if you want to know in general what you can expect in terms of punishment, we have summarized the most important information below.

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Consequences when buying sex

In Sweden, it’s illegal to buy sex, but not to sell sex. The reason for that is to protect victims of prostitution and ensure that they won’t be afraid to report crimes, without risking any consequences themselves. In the past, the penalty for buying sex has been a fine, but from 2022 the penalty was raised. Today, you’ll get a prison sentence of up to a year or probation, usually combined with a fine.

If you’re caught for buying sex, you have probably already been questioned by the police. After that, it’s up to the prosecutor to decide if there’s enough evidence to bring charges. If there is, you’ll be called to court where the evidence will be gone through to decide f you are guilty of buying sex, and if so, what your punishment should be.

The prosecutor can also choose to issue a penalty order. That is done instead of bringing charges and only if you, who’ve been caught, accept it. Then you can be sentenced to probation and a fine instead of prison, but only if you admit to the crime. Regardless of whether the prosecutor files charges or issues a penalty order, the conviction will appear in your criminal record.

Do you think you suffer from sex addiction?

For some, buying sex can be a sign of sex addiction. Today, between 3-5% of the population are estimated to suffer from sex addiction, and the majority of them are men. If you think you are suffering from sex addiction, it’s important to get the right help. Otherwise, the risk is that you commit the crime again.

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Everything you need to know about trademark protection

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Miski Ibrahim
Have you protected your brand yet?

Building and maintaining a strong brand is critical to a company’s success and competitiveness. And through strong trademark protection, you’re able to protect your company against trademark infringement and strengthen its position on the market. You can protect your brand by registering it with the Swedish Intellectual Property Office (PRV) or by incorporation.

A brand that has achieved an established position on the market and is well known among consumers is protected by trademark protection. Since establishing this requires a lot of time and work, it’s easiest and most efficient to register your brand. That gives your brand formal rights. It protects your brand from others trying to register brands that could be interchangeable with your brand. And it allows you to use the ®-symbol in marketing.

Important things to consider before registering your brand

Distinctiveness is key to strong trademark protection and simply means that your have to be able to distinguish your products or services from others on the market. To ensure your brand is distinctive enough, it shouldn’t be generic or descriptive of the products or services your brand represents.

If your brand is illegal or violates morals or public order, you won’t be able to register it. You also won’t be able to register it if there’s risk of misleading consumers or if your brand is similar to other protected intellectual property rights.

Register for trademark protection

To make sure your brand is protected, you can register it with the Swedish Intellectual Property Office (PRV). Just send an application through their site and pay SEK 2,400 to register your brand for protection in one class. If you want to protect your brand in more classes, additional fees will apply. If you instead choose to register your brand by sending in an application by post, it’ll cost you SEK 3,500. Once you’ve submitted your application, it takes approximately 3-4 months before you receive a response.

Regardless of whether your brand is registered or not, you’ll need to pay for your application. But if your brand is registered, the registration will be valid for ten years. You can then renew your registration provided you pay a fee to PRV. The registration only applies to protection in Sweden. For trademark protection internationally, you’ll have to turn to other means.

International trademark protection

There are ways to secure international protection through various international agreements and organizations. For example, you can apply for EU trademark registration for trademark protection within the EU. The registration can be made with the European Union Intellectual Property Office (EUIPO).

You can also register your brand through the so-called Madrid Protocol, a collaboration among over 80 countries worldwide, and which is administered by WIPO (World Intellectual Property Organization).

Do you need help to protect your brand?

Book a video meeting in the Kliently app and we’ll advice you on trademark protection and what would be best for your brand.

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The pro’s of enduring power of attorney between spouses

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Sofia Bergqvist Salomon
With an enduring power of attorney, you gain greater control over your future

Setting up an enduring power of attorney is relatively new in Sweden as it was only in 2017 that a new law regarding this came into force. The law makes it possible for you to give power of attorney to another person if you should suffer from serious illness, mental disorder or the like. It makes it possible for someone else to, for example, pay your bills and take care of your personal affairs without you having to be present.

Establishing powers of attorney between couples is a way to secure your future. By setting one up you’ll know that your partner can manage your affairs exactly as you would’ve wanted. Nowadays, there are also templates that you can use when you want to draw up one yourself.

Why should you set up an enduring power of attorney?

Even if you and your partner have insights into each other’s affairs, your partner doesn’t have the right to take care of them for you. Your partner doesn’t have the right to make decisions about your healthcare, contact the authorities or handle financial matters on your behalf. So what happens if you don’t have the right paperwork and you become incapable of managing your affairs? Well, then the district court can appoint a limited guardian for you.

The process of getting a limited guardian requires an application to be made with the right documents in place. You need, among other things, proof of identity and consents. In some cases, you may also need a medical certificate or other certificates proving you need a limited guardian. But even with the right documentation, the district court can reject your application. So it’s easier to draw up an enduring power of attorney yourself. Especially since this will make sure you have greater control. You’ll be able to choose who will be allowed to make decisions and about what.

Important to remember

To set up an enduring power of attorney, you have to be of legal age. You also have to sign the papers in front of two witnesses. The ones to whom you give power of attorney cannot act as witnesses. For it to be valid, it has to clearly state:

  • that the document is an enduring power of attorney.
  • who gets power of attorney.
  • in which areas the power of attorney applies.
  • if there are special conditions you want to be taken into account.

You can also indicate whether you want to give power of attorney to more than just one person. And in addition, you can indicate whether there should be a reserve if the person you want to have power of attorney is prevented for any reason.

How to write an enduring power of attorney

Writing an enduring power of attorney doesn’t take very long and costs around SEK 500 if you draw it up yourself. You can do this directly on Kliently’s website. Simply fill in the necessary information, print out the document and sign it in front of two witnesses. You’ll then receive a standard agreement with your enduring power of attorney.

If you’d like, you can also tailor the document to your needs together with a lawyer. This is a good option if you have complicated affairs or there are matters that makes a standard agreement insufficient to cover your needs. This way, you’ll get help to set the papers up exactly the way you want them. And you’ll also have the opportunity to ask questions and get advice from the lawyer on what’s best in your case.

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