What are the causes of counterfeiting and piracy in Denmark?
The personal consumption of counterfeits is not punishable in Denmark - only the sale of such goods is; therefore, a liberal approach is followed. Furthermore, importing counterfeits is allowed if its value is less than 430 €.
Which are the goods that most often face counterfeiting and piracy in Denmark?
Footwear and smart phones are the goods that most often face counterfeiting and piracy in Denmark.
Does Denmark have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Denmark for the enforcement of Intellectual Property Rights?
They are as follows:
The Consolidate Patents Act
The Consolidate Utility Models Act
The Consolidate Designs Act
The Consolidate Trademark Act
The Consolidate Act on Collective Marks,
The Protection of the Topographies of Semiconductor Products Act
The Consolidate Act on Copyright
The Consolidate Act on Plants
What are the different types of IPRs protected by IPR enforcement in Denmark?
Patents, utility models, trademarks, copyright, designs, and plant varieties are the different types of IPRs protected by IPR enforcement in Denmark.
What are the general IPR enforcement obligations in Denmark?
Proceedings are carried out in Danish and there is no choice of language. However, parties from the Nordic countries (Finland, Iceland, Norway, and Sweden) can submit documents and testimony in their native languages.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
To overcome the limitation imposed by the operational language, witness examinations can be carried out in a foreign language if an authorised translator is used or if the court has sufficient knowledge of the language in question. Therefore, a translator can enable ease of judicial proceedings.
Furthermore, It is advisable to send a cease and desist letter before commencing copyright infringement proceedings. If the defendant has not been made aware of the infringement before commencing proceedings, and if the defendant admits the claim, the claimant can be ordered to bear not only its own but also the defendant's litigation costs.
Is there any limitation period for filing an infringement action?
Yes. The statute of limitations for claiming damages is 03 years from the time the damages occurred.
Which of the following IPR enforcement channels is/are available in Denmark?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Denmark?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Denmark than the ones mentioned above? If yes, then kindly explain in brief.
What is the approximate timeline of civil litigation related to IPR enforcement in Denmark?
The usual timeframe for ordinary infringement proceedings is approximately 12 to 18 months, with a possible further 12 months if the first-instance court judgment is appealed. The timeframe for preliminary injunction proceedings is approximately 01 to 06 months.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Denmark? If yes, then kindly give 2-3 points?
Punitive damages are not allowed under Danish Law. In certain instances, the punishment may not be deterrent enough.
Is criminal prosecution available in Denmark for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Denmark corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Maritime and Commercial High Court (or the District Court)
B) Imprisonment Term – Up to 1.5 years for trademark infringement, up to 18 months for copyright infringement, which may increase up to 06 years, and 1.5 years for patent infringement.
C) Monetary Fine - Costs are granted following a more or less fixed schedule made by the courts based on the value of the case. Such costs are significantly lower than the actual costs held by the winning party.
Are there any other criminal remedies available in Denmark than the ones mentioned above? If yes, then kindly explain in brief.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Denmark? If yes, then kindly give 2-3 points?
In practice, criminal proceedings are only initiated in exceptional cases. Hence, although action may be immediate against infringing acts, it may still be less deterrent.
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
The initiation of arbitration proceedings requires that an agreement thereon has been concluded between the parties. If the parties did not have a contractual relationship prior to the occurrence of the matter in question (for instance, an alleged infringement of a trademark or patent) - arbitration will usually not be available (unless both parties agree to arbitration when the dispute arises); however, if the matter in question is concerned with the violation or breach of a licence agreement concern, then under the Danish Arbitration Act No 553 of 24 June 2005, as amended, parties can agree to resolve their disputes by arbitration.
Are border control measures (customs) available in Denmark for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Denmark?
The remedies available under border control measures (customs) in Denmark include the destruction of infringing goods.
Who must bear the costs of customs intervention during enforcement?
The holder of the decision should reimburse all the costs incurred by the customs authorities in taking action to enforce his intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seeking compensation from the infringer or other persons who might be considered liable under the legislation of the Member State where the goods were found.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Which are the best practices for enforcement of IPRs in Denmark?
The judicial court system
Are there any risks involved in the enforcement of IPRs in Denmark? If yes, then kindly give 2-3 points.