Enforcement of Intellectual Property Rights in Denmark

Abstract

NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE A. PRIMARY AND SECONDARY LAW Directive 2004/48/EC on the Enforcement of Intellectual Property Rights (the “Enforcement Directive”) has been implemented into the Danish Administration of Justice Act ( Retsplejeloven ) and into the following Danish intellectual property acts: – The Danish Copyright Act ( Ophavsretsloven) – The Danish Trade Marks Act ( Varemarkeloven) – The Danish Patents Act ( Patentloven) – The Danish Utility Models Act ( Lov om brugsmodeller) – The Danish Designs Act (Designloven) – The Danish Act on the Protection of Topographies for semiconductor products (Lov om beskyttelse af halvlederprodukters udformning) – The Danish Foodstuffs Act ( Fodevareloven) – The Danish Plant Novelty Act (Plantenyhedsloven) B. TRANSPOSITION ISSUES The applicable Danish Acts were, to a large extent, found to be in conformity with the Enforcement Directive, and the implementation of the Enforcement Directive did not entail fundamental changes in the enforcement of intellectual property rights in Denmark. However, the applicable Danish Acts did lack provisions regarding the publication of judicial decisions (Art. 15) and rights of information (Art. 8). Such provisions have now been implemented into the applicable Danish Acts. The implementation of the Enforcement Directive also entailed amendments to the applicable provisions on damages, corrective measures and search proceedings. In addition, the implementation of the Enforcement Directive required that the presumption rule of s. 7 of the Danish Copyright Act be amended. C. ASSESSMENT REPORTS ON THE IMPLEMENTATION In 2009, the Danish Patent and Trademark Office issued a report entitled “Report on Denmark's implementation of EC Directive 2004/48/EC regarding the enforcement of intellectual property rights”. The report describes the implementation of the Enforcement Directive into Danish law and contains the results of a public hearing held regarding the implementation of the Enforcement Directive. In 2011, the Danish Government issued a response to the Commission's Report on the application of the Enforcement Directive. The aforementioned response, among other things, considers the increasing problem of IPR infringement in the digital environment and the limits of the provisional measures with respect to confi dential information. JURISDICTION AND COMPETENCE A. COMPETENCE OF LOCAL COURTS In Denmark, cases concerning infringement of intellectual property rights will usually be submitted to the district courts.