Patents—Denmark—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Patents—Denmark—Q&A guide
  • 1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?
  • 2. What is the format of a patent infringement trial?
  • 3. What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
  • 4. Who may sue for patent infringement? Under what conditions can an accused infringer bring a lawsuit to obtain a judicial ruling or declaration on the accusation?
  • 5. To what extent can someone be liable for inducing or contributing to patent infringement? Can multiple parties be jointly liable for infringement if each practises only some of the elements of a patent claim, but together they practise all the elements?
  • 6. Can multiple parties be joined as defendants in the same lawsuit? If so, what are the requirements? Must all of the defendants be accused of infringing all of the same patents?
  • 7. To what extent can activities that take place outside the jurisdiction support a charge of patent infringement?
  • 8. To what extent can ‘equivalents’ of the claimed subject matter be shown to infringe?
  • 9. What mechanisms are available for obtaining evidence from an opponent, from third parties or from outside the country for proving infringement, damages or invalidity?
  • More...

Patents—Denmark—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to patents in Denmark published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Accura Advokatpartnerselskab—Morten Bruus; Christoffer Ege Andersen

1. What legal or administrative proceedings are available for enforcing patent rights against an infringer? Are there specialised courts in which a patent infringement lawsuit can or must be brought?

The general procedural rules in the Administration of Justice Act, together with certain provisions in the Patent Act, regulate the civil procedure for claims for patent infringements, invalidation and declaratory actions.

Proceedings for such claims are typically instigated at the Maritime and Commercial High Court, which serves as the first-instance patent court in Denmark. Verdicts from the Maritime and Commercial High Court can be appealed to the High Court of Eastern or Western Denmark or, in rare circumstances, to the Supreme Court.

The swiftest way to enforce a patent right against a potential infringer is by submitting a request for a preliminary injunction to the Maritime and Commercial High Court. Preliminary injunctions are, in essence, a patent owner's primary remedy, as they function as an effective and fast way of stopping infringing acts. Once a preliminary injunction is granted, it must be followed up by main proceedings to confirm the preliminary injunction with a permanent injunction.

2. What is the format of

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