Consolidate Act No. 88 of 28 January 2009
Publication of the Utility Models Act, cf. Act No. 1431 of 21 December 2005 including the amendments which follow from section 34 of Act No. 538 of 8 June 2006 and section 4 of Act No. 1404 of 27 December 2008. 2)
(2) Any person who has created a utility model, or his successor in title, shall upon registration obtain an exclusive right to exploit it commercially.
(i) discoveries, scientific theories and mathematical methods,
(ii) aesthetic creations,
(iii) schemes, rules or methods for performing mental acts, playing games or doing business or programs for computers or
(iv) presentations of information.
(2) Creations shall not be registered as utility models if they relate to
(i) war material or
(ii) methods.
(3) Notwithstanding subsection 2(ii), it shall be possible to register a utility model for products for use in any such methods, including substances and compositions for use in methods for the treatment of the human or animal body by surgery or therapy or diagnostic methods practised on the human or animal body, or products obtained by a microbiological process or other technical processes.
(4) Utility models shall not be granted in respect of plant or animal varieties. If the technical feasibility of the creation is not confined to a particular plant or animal variety, a utility model may, however, be registered even if the subject-matter of the creation is plants or animals. In this Act a “plant variety” means a plant variety as defined in Article 5 of the Council Regulation on Community plant variety rights.
(5) Creations may be registrable even if they relate to a product consisting of or containing biological material. Biological material which is isolated from its natural environment or produced by means of a technical process may be the subject-matter of a creation even if it previously occurred in nature. In this Act “biological material” means any material containing genetic information and capable of
1) This Act contains provisions implementing parts of Directive 2004/48/EC of the European Parliament and of the
Council of 29 April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004 No. L 195, p. 15).
The Ministry of Economic and Business Affairs
The Patent and Trademark Office, File No. 09/64
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reproducing itself or being reproduced in a biological system.
(2) Notwithstanding subsection 1, an element isolated from the human body or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a registrable creation, even if the structure of that element is identical to that of a natural element.
4.-(1) Creations the commercial exploitation of which would be contrary to ordre public or morality shall not be registered as utility models.
(2) An exploitation shall not be deemed to be contrary to ordre public or morality merely because the exploitation is prohibited by law or administrative regulation.
(3) Pursuant to subsection 1 utility model protection may inter alia not be granted in respect of use of human embryos for industrial or commercial purposes.
(2) The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, exhibitions, offers for sale, use, reproduction or in any other way. The contents of patent applications or utility model applications filed with effect for Denmark before the date of filing of the utility model application shall also be regarded as comprised in the state of the
art if such applications are made available to the public in accordance with the rules of section 22 of the Patents Act and section 24 of this Act. The requirement in subsection 1 to the effect that the cre ation shall differ distinctly from the state of the art shall, however, not apply in relation to the contents of such applications.
(3) Utility models registration may, however, be obtained for creations made available to the public if that occurred within the 6 months preceding the filing of the application, and it was in consequence of
(i) an evident abuse in relation to the applicant or his legal predecessor, or
(ii) the fact that the applicant or his legal predecessor has displayed the creation at an official, or officially recognised, international exhibition falling within the terms of the Convention on International Exhibitions, signed at Paris on 22 November 1928.
(2) The exclusive right shall also imply that no one except the proprietor of the utility model may without permission from the proprietor of the utility model exploit the creation by supplying or offering to supply any person who is not entitled to exploit the creation with means for working the creation in this country if these means relate to an essential element of the creation and the person supplying or offering to supply the means knows, or it is obvious in the
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circumstances, that they are suitable and intended for such use. This provision shall, however, not apply if the means are staple commercial products, except when the person supplying or offering to supply the means induces the person supplied to commit the acts referred to in subsection 1. For the purpose of the provisions of the 1st and 2nd sentences persons performing the acts referred to in subsection 3(i), (iii) or (iv) shall not be considered entitled to exploit the creation.
(3) The exclusive right shall not extend to
(i) acts done for non-commercial purposes,
(ii) acts concerning products put on the market in this country or in another country within the European Economic Area (EEA) by the proprietor of the utility model or with his consent,
(iii) acts done for experimental purposes relating to the subject-matter of the registered creation or
(iv) the preparation in a pharmacy of a medicinal product according to a medical prescription for individual cases or acts concerning the medicinal product.
(2) The protection conferred by a utility model registration of a product containing or consisting of genetic information shall extend to any material in which the product is incorporated and in which the genetic information is contained and performs its function, cf., however, section 3.
(3) The protection referred to in subsections 1 and 2 shall not extend to biological material obtained through multiplication or propagation of biological material placed on the market within the territory of an EU Member State by the proprietor of the utility model or with his consent if that multiplication or propagation necessarily results from the application for which the biological material was marketed, provided that the material obtained is not subsequently used for further multiplication or propagation.
(2) Notwithstanding section 7(1) and (2), the sale or any other form of commercialisation of breeding stock or other animal reproductive material by the proprietor of the utility model or with his consent to a farmer shall imply an authorisation for the farmer to use the animal or other animal reproductive material for the purposes of pursuing his own agricultural activity, but not to sell it within the framework or for the purpose of a commercial reproduction activity. The Minister of Economic and Business Affairs shall lay down provisions concerning the extent and the conditions of the farmer's exploitation of such utility model registrations for the purposes of pursuing his own agricultural activity.
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utility model, continue such exploitation retaining its general character, provided that the exploitation did not constitute an evident abuse in relation to the applicant or his legal predecessor. Such a right of exploitation shall also, under similar conditions, be enjoyed by any person who had made substantial preparations for commercial exploitation of the creation in this country.
(2) The right provided for in subsection 1 may only be transferred to others together with the business in which it has arisen or in which the exploitation was intended.
(2) The Minister of Economic and Business Affairs may direct that, notwithstanding a registered utility model, spare parts and accessories for aircraft may be imported into and used in this country for the repair of aircraft belonging to a foreign state which grants similar rights in respect of Danish aircraft.
be enjoyed even if the application for protection does not originate from a country party to the Convention when pursuant to a bilateral or multilateral agreement an equivalent priority from a Danish patent application or utility model application is granted in the country in which the previous application was filed on conditions and with effects which are essentially in conformity with the Convention.
(2) The Minister of Economic and Business Affairs shall lay down the particular terms for the right to claim such priority.
(2) The Minister of Economic and Business Affairs shall lay down rules for requests under subsection 1.
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(2) In the application the creation shall be described or shown in a manner sufficiently clear to enable a person skilled in the art to carry it out.
(3) If the application relates to a creation of a product produced by a microbiological process, the application shall, in those cases, only be regarded as disclosed in a sufficiently clear manner if also the requirements of section 15(1) and (2) are fulfilled.
(2) If a deposited sample ceases to be viable, or if for any other reason a sample cannot be furnished, it shall be replaced by a new sample of the same biological material within the time limit prescribed and in accordance with the rules laid down by the Minister of Economic and Business Affairs. The new deposit shall be deemed to have been made already on the date of the previous deposit.
(3) The Minister of Economic and Business Affairs shall lay down rules concerning the depositing and furnishing of samples pursuant to subsections 1 and 2.
(2) The applicant may against payment of a fee request the Patent and Trademark Office also to ensure that the requirements to the effect that the creation be new and differ distinctly from the state of the art, cf. section 5, are fulfilled.
(2) The application shall be shelved if the ap plicant fails to file his observations or to take steps to correct the application before the
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expiry of the time limit. The notification of the applicant pursuant to subsection 1 shall contain information to that effect.
(3) The examination and other processing of the application shall be resumed if the applicant files his observations or takes steps to correct the application within 2 months after the expiry of the specified time limit and pays the prescribed resumption fee.
(4) The provisions of subsections 1 to 3 shall apply mutatis mutandis when the applicant under section 19(2) has requested the Patent and Trademark Office also to ensure that the requirements to the effect that the creation be new and differ distinctly from the state of the art are fulfilled.
(2) If the Patent Authority has objections to the acceptance of the application, and the ap plicant has had an opportunity to file his observations on the objections, the application shall be refused, unless the Patent Authority feels called upon once more to invite the ap plicant to file his observations or to correct the application under section 20.
(2) If legal proceedings have been instituted concerning the right to a creation in respect of which a utility model registration is applied for, the examination and other processing of the utility model application may be suspended until a final decision has been given in the legal proceedings.
(2) If a request has been made for the transfer of a utility model application, the application shall not be shelved, refused or accepted until a final decision has been made on the request.
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(2) At the request of the utility model applicant, the publication of the application or the registration of the creation may be effected earlier.
(3) When 15 months have elapsed from the date of filing or, if priority has been claimed, from the date of priority, the files shall be available to the public even if the creation has not been registered. If a decision has been made to shelve or to refuse the application, the files shall, however, not be available, unless the applicant requests resumption of the proceedings, appeals against the refusal or requests re-establishment of rights under section 66 or 67.
(4) When the files are made available under subsection 2 or 3, an advertisement shall be made to that effect.
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(5) If a document contains business secrets which do not relate to a creation in respect of which a utility model registration is applied for or has been granted, the Patent Authority may, on request, when circumstances make it desirable, decide that the document shall not be available or only available in part. If such a request has been filed, the document shall not be made available until a decision has been made or during the period within which the decision may be appealed against. An appeal shall have suspensive effect.
(6) If a sample of biological material has been deposited under section 15(1), any person shall have the right to obtain a sample of the material when the files are made available under subsection 3. After the utility model registration, and irrespective of the utility model registration having ceased to have effect or been revoked, the furnishing of a sample may be made to any person requesting it. That shall, however, not imply that a sample shall be furnished to any person who, under provisions laid down in or pursuant to law, is not allowed to handle the deposited material. Nor shall a sample be furnished to any person if, due to the dangerous properties of the material, his possession of the sample is supposed to involve obvious danger.
(7) Notwithstanding subsection 6, the applicant may request that, until the utility model has been registered, the furnishing of a sample shall only be effected to an expert in the art. If an application has been refused or withdrawn or deemed to be withdrawn, the applicant may request that for 10 years from the date of filing of the utility model application a sample of the deposited material shall only be furnished to an expert in the art.
(8) The Minister of Economic and Business Affairs shall lay down provisions governing the submission of a request for the furnishing of a sample and the time limit for submitting
such requests and prescribing who may be used as an expert.
(9) The request for the furnishing of the sample shall be submitted to the Patent Authority and shall contain a declaration to observe the restrictions on the use of the sample which appear from the rules laid down by the Minister of Economic and Business Affairs. If the sample is to be furnished to an expert in the art, the declaration shall instead be given by the latter.
(2) Appeals under subsection 1 shall be filed with the Board of Appeal for Patents and Trademarks not later than 2 months after the Patent and Trademark Office has notified the party concerned of the decision. The fee prescribed for the appeal shall be paid within the same time limit. Failure to do so shall cause the appeal to be rejected.
(3) Other parties having an interest in the decision in question may, not later than 2 months after the publication of the decision, file a similar appeal.
(4) Decisions given by the Board of Appeal for Patents and Trademarks may not be brought before any other administrative authority.
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(5) Decisions made by the Patent and Trademark Office which may be brought before the Board of Appeal for Patents and Trademarks may not be brought before the courts until the decision of the Board of Appeal has been given. If a party wants to bring a decision made by the Board of Appeal for Patents and Trademarks before the courts, proceedings shall be instituted not later than 2 months from the date on which the party concerned was notified of the decision.
(6) Decisions by which a request for the concealment of business secrets under section
24(5) has been refused may be appealed against by the person having made the request.
(2) An international utility model application shall be filed with a patent office or an inter national organisation which is competent under the Treaty and the Regulations to receive such an application (receiving Office). An international utility model application may be filed with the Patent Authority of this country in accordance with rules laid down by the Minister of Economic and Business Affairs. The applicant shall pay the fee pre scribed for the application to the Patent Authority.
(3) Sections 27 to 35 shall apply to international utility model applications designating Denmark.
(2) If the applicant has paid the prescribed fee within the time limit prescribed in subsection
1, the required translation or copy may be filed within a further period of 2 months, provided that a prescribed additional fee is paid prior to the expiry of the further period.
(3) If the applicant fails to fulfil the requirements of this section, the application shall be deemed to be withdrawn as far as Denmark is concerned.
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section and in sections 31 and 34. The examination and other processing of the application shall only be commenced prior to the expiry of the time limits applicable under section 29 if the applicant so requests.
(2) The provisions of section 24(2) and (3) shall apply even before the application has been proceeded with when the applicant has complied with his obligation under section 29 to file a translation of the application or, if the application is written in Danish, when the applicant has filed a copy thereof with the Patent Authority.
(3) For the purposes of sections 41 and 43 to
45 concerning compulsory licence, section 53 concerning the obligation to give information on utility models and section 57 concerning the protection of the creation in the period between filing and registration an international utility model application shall be deemed to have been made available to the public when it is available under subsection 2.
(4) If the utility model application complies with the requirements of the Patent Cooperation Treaty relating to form and contents, it shall be accepted in that respect.
filing date or, if priority is claimed, from the priority date.
(2) The applicant may appeal against a decision under subsection 1 by which a utility model application is found to relate to two or more mutually independent creations. The provisions of section 25 concerning the right of appeal shall apply mutatis mutandis.
(3) If the appeal is dismissed, the time limit for payment of the fee under subsection 1
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shall be calculated from the date on which the final decision is given.
(2) A request for a review under subsection 1 shall be presented to the International Bureau before the expiry of a time limit prescribed by the Minister of Economic and Business Affairs. The Minister of Economic and Business Affairs shall prescribe a time limit and specify the extent for the applicant against payment of a fee to file a translation of the application with the Patent Authority.
(3) If the Patent Authority finds that the decision of the receiving Office or the International Bureau was not justified, the Patent Authority shall examine and process the application under Parts 1 and 2. If no international filing date has been accorded by the receiving Office, the application shall be deemed to have been filed on the date which in the opinion of the Patent Authority should have been accorded as the international filing date. If the application complies with the requirements of the Patent Cooperation Treaty relating to form and contents, it shall be accepted in that respect.
(4) The provision of section 5(2), 2nd sentence, shall apply to applications taken up for examination and other processing pursuant to subsection 2, provided that the application is made available to the public under section
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(i) the request is filed with the national authority which received the application within 3 months after the applicant has been notified that the application is deemed to be withdrawn,
(ii) the request is filed with the Patent Authority of this country within 20 months from the date of filing of the application or, if priority has been claimed, from the date of priority, and
(iii) the applicant within a time limit prescribed by the Minister of Economic and Business Affairs pays the prescribed application fee and files a translation of the application into Danish.
(2) If the utility model applicant complies with the requirements of the European Patent Convention relating to the form of the application, the application shall be accepted in that respect.
(3) The Minister of Economic and Business Affairs shall lay down the particular rules concerning the right to convert a European patent application into an application for a utility model registration in this country pursuant to subsection 1.
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(2) After registration the protection may not be extended.
(2) The renewal of the registration shall be advertised.
(2) For a later application as provided for in section 17, renewal fees in respect of the periods having begun before the date of filing of the later application shall in no case fall due until 2 months have elapsed after the date on which the later application was filed. For an international utility model application renewal fees in respect of periods having begun before the date on which the application was proceeded with under section
29 or taken up for examination and other processing under section 35 or beginning within 2 months after that date shall in no case fall due until 2 months have elapsed after the date on which the application was
proceeded with or taken up for examination and other processing.
(3) Any renewal fee may, together with the prescribed additional fee, be paid within 6 months after its due date.
(4) The Patent and Trademark Office shall collect renewal fees from the utility model applicant, the proprietor of the utility model or an appointed agent, if any, but the Patent and Trademark Office shall not be held responsible for loss of rights as a consequence of failure to collect.
(2) If it is proved that a registered licence has terminated, the licence shall be deleted from the Register.
(3) The provisions of subsections 1 and 2 shall also apply to compulsory licences and rights under section 48(2).
(4) Legal proceedings in respect of a utility model registration may always be instituted against the person who is entered in the Register as proprietor of the utility model, and any notification from the Patent Authority may be sent to him.
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person wishing to work the creation in this country may obtain a compulsory licence to do so, unless there are legitimate reasons for the failure to work the creation.
(2) The Minister of Economic and Business Affairs may provide that for the purposes of subsection 1 working of the creation in another country shall be equivalent to working in this country. Such a provision may be made subject to reciprocity.
(2) The proprietor of the patent or of the registered utility model for the exploitation of which a compulsory licence has been granted pursuant to subsection 1 shall on reasonable terms be able to obtain a compulsory licence for the exploitation of the other creation.
obtained such knowledge. Such a right shall also, under similar conditions, be enjoyed by any person who had made substantial preparations for a commercial exploitation of the creation in this country.
(2) Such a compulsory licence may include the time preceding the registration of the utility model.
(3) The Minister of Economic and Business Affairs may provide that, for the purposes of the provision of subsection 1, exploitation in another country shall be equivalent to exploitation in this country. Such a provision may be made subject to reciprocity.
(2) A compulsory licence shall not prevent the proprietor of the utility model from exploiting the creation himself or from granting licences to others.
(3) A compulsory licence may only be transferred to others together with the business in which it is exploited or in which the exploitation was intended. With respect to compulsory licences granted pursuant to section 42(1) it shall moreover apply that any transfer of the compulsory licence shall be effected together with the utility model registration the exploitation of which is dependent on a patent or a registered utility model which belongs to another person.
(4) Compulsory licences concerning semiconductor technology may only be granted for public non-commercial exploitation or for terminating an anti- competitive practice which has been
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established by a court decision or an administrative decision.
(i) the registration has not been effected in accordance with sections 1 to 5,
(ii) the registration relates to a creation which is not described or shown in a manner sufficiently clear to enable a person skilled in the art to carry it out,
(iii) the scope of the protection has been changed in contravention of section 18, or
(iv) the scope of the protection has been extended after the registration.
(2) If the proprietor of the utility model is only partially entitled to the utility model registration, the utility model registration may, however, not be revoked in its entirety.
(3) With the exceptions referred to in subsection 4 proceedings may be instituted by any person.
(4) Proceedings on the ground that a utility model has been registered for another person than the person entitled thereto under section
1 may only be instituted by the person claiming to be entitled to the utility model registration. Such proceedings shall be instituted within 1 year after the entitled person has obtained knowledge of the registration of the utility model and of the other circumstances on which the proceedings are based. If the proprietor of the utility model was in good faith when the utility model was registered or when the proprietor of the utility model acquired the utility model registration, the proceedings may not be instituted later than 3 years after the registration of the utility model.
47(4) concerning the time for the institution of the proceedings shall apply mutatis mutandis.
(2) The person who is deprived of the registration shall, if he in good faith has exploited the creation commercially in this country or has made substantial preparations for such exploitation, be entitled, for a reasonable compensation and on reasonable terms in other respects, to continue the exploitation already commenced or to implement the planned exploitation retaining its general character. Such a right shall also, under the same conditions, be enjoyed by holders of registered licences.
(3) Rights under subsection 2 may only be transferred to others together with the business in which they are exploited or in which the exploitation was intended.
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(2) If proceedings have been instituted for the transfer of a utility model registration, the registration shall not be declared to have ceased to have effect until a final decision has been given in the proceedings.
(2) A request for examination may only be based on the grounds for revocation referred to in section 47(1).
(3) The Patent Authority may require that a request pursuant to subsection 1 be accompanied by documentation.
(4) If proceedings concerning a utility model registration are instituted before the courts prior to a final decision having been given with respect to a request pursuant to subsection 1 relating to the same registration, the Patent Authority shall suspend the examination of the request until the case before the courts has been finally decided upon, unless the request has been filed by the proprietor of the utility model.
(2) If there are no obstacles to maintaining the utility model registration in amended form, the Patent Authority shall decide to amend the
registration, provided that the proprietor of the utility model approves the amended text in which the Patent Authority intends to maintain the utility model registration and a fee for the advertisement of a notification concerning the amendment has been paid before the expiry of the prescribed time limit.
(3) If the proprietor of the utility model disapproves of the amended text or does not pay the fee for advertisement of the amendment in due time, the utility model registration shall be considered to have ceased to have effect.
(2) Any person who, either by direct communication with another person or in advertisements or by inscription on goods or their packaging or in any other way, indicates that a utility model registration has been applied for or granted without indicating at the same time the number of the registration or the application, shall be under an obligation to give such information to any person requesting it without undue delay. If it is not explicitly indicated that a utility model has been applied for or registered, but the
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information is such as to create that impression, information as to whether a utility model has been applied for or registered shall be given on request without undue delay.
(2) If the infringement has been committed intentionally and under aggravating circumstances, the penalty may increase to imprisonment of up to 18 months, unless a heavier penalty is provided for by section
299b of the Penal Code. Aggravating circumstances shall in particular be con sidered to exist if a significant and obviously unlawful profit is intended by the infringe ment.
(3) Companies, etc. (legal entities) may be held liable to punishment under the rules of Part 5 of the Penal Code.
(4) In the case of infringements comprised by subsection 1 proceedings shall be instituted by the injured party. In the case of infringements comprised by subsection 2 proceedings shall be instituted only at the request of the injured party, unless the institution of proceedings is required in the interests of the public.
(i) a reasonable compensation to the injured party for the exploitation and
(ii) damages to the injured party for the further injury which the infringement has caused.
(2) In fixing the damages according to subsection 1(ii) inter alia the loss of profit suffered by the injured party and the illicit profit obtained by the infringer shall be taken into consideration.
(3) In cases comprised by subsection 1 an additional compensation may be fixed to the injured party for non-financial injury.
56.-(1) For the purpose of preventing further utility model infringements the court may, when so claimed, inter alia decide that a product constituting a utility model infringement shall be
(i) withdrawn from the market,
(ii) removed definitively from the market, (iii) destroyed,
(iv) surrendered to the injured party or
(v) altered in a specified manner.
(2) Subsection 1 shall apply mutatis mutandis to apparatuses, materials, tools or the like which have primarily been used for illegal production of a registered creation.
(3) The measures under subsection 1 shall be implemented without compensation to the infringer and shall not affect any damages to the injured party. The measures shall be implemented at the expense of the infringer, unless special circumstances tell against it.
(4) In giving a court decision on measures under subsection 1 the court shall take into consideration the proportion between the extent of the infringement, the prescribed measures and the interests of any third party.
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(5) The court may, when so claimed, grant permission to the infringer to have the products, apparatuses, materials, tools or the like referred to in subsections 1 and 2 at his disposal during the term of the registration or part thereof against a reasonable compensation. However, this shall only apply if
(i) the infringer has neither acted intentionally nor negligently,
(ii) the measures under subsection 1 would cause the infringer disproportionate harm and
(iii) a reasonable compensation is sufficient.
57.-(1) If any person exploits a creation commercially without permission after the files of the application have been made available to the public, and the application results in a utility model registration, the provisions concerning utility model infringement, with the exception of section 54 concerning fines and imprisonment, shall apply mutatis mutandis. The utility model protection conferred prior to the registration shall only extend to subject-matter disclosed both in the utility model claims as worded at the time when the application was made available to the public and in the utility model registration as effected or as maintained in amended form under section 52(2).
(2) The person concerned shall only pay damages under section 55(2) for injury caused by infringements committed prior to the advertisement of the utility model registration under section 21 to the extent found reasonable.
(3) Claims for damages under subsection 1 shall not be statute-barred earlier than 1 year after the registration.
court decision in full or extracts thereof shall be published.
(2) The obligation to publish shall rest with the infringer. The publication shall be made at the expense of the infringer and in such a prominent manner as may reasonably be required.
(2) If the plaintiff does not prove in the writ of summons that the notifications referred to in subsection 1 have been given, the court may fix a time limit for compliance with the requirements. If the said time limit is not observed, the case shall be dismissed.
(3) In proceedings for utility model infringement instituted by the proprietor of the utility model the defendant shall notify the Patent Authority and registered licensees in accordance with the rules of subsection 1 if the defendant intends to claim revocation of the utility model registration. The provision of subsection 2 shall apply mutatis mutandis so that the claim for revocation of the utility model registration shall be dismissed if the time limit which has been fixed is not observed.
(4) In proceedings for utility model infringement instituted by a licensee, the defendant may summon the proprietor of the utility model to attend without regard to his venue and claim against him that the utility
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model registration be revoked. The provisions of Part 34 of the Administration of Justice Act shall apply mutatis mutandis.
(2) Section 54(3) and (4) shall apply mutatis mutandis.
(2) Office copies of court decisions concerning utility model applications or utility model registrations shall be sent to the Patent and Trademark Office on the initiative of the court.
(2) The fee prescribed for the appeal shall be paid within the time limit referred to in subsection 1. Failure to do so shall cause the appeal to be rejected.
(3) The provisions of section 25(2) to (4) shall apply mutatis mutandis.
(2) The Minister of Economic and Business Affairs may direct that the Patent Authority at the request of the authority of another country may give information to that authority about the examination and other processing of utility model applications filed in this country
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and that the Patent Authority, in deciding whether the criteria for registrability have been met, may accept novelty searches which have been carried out for that purpose by a corresponding authority in another country or by an international institution.
(3) The Minister of Economic and Business Affairs may furthermore direct that, at the request of the Patent Authority and within a time limit fixed by that Authority, any applicant who in any country has filed a corresponding application for a utility model shall furnish information about the result of the examination as to the registrability of the creation which has been communicated to the applicant by the patent authority of that country and transmit a copy of the correspondence with the said authority. However, no obligation to furnish information may be prescribed in respect of any utility model application referred to in Part 3 which has been the subject of an international preliminary examination on which a report has been filed with the Patent Authority.
(2) The Access to Public Administration Files Act shall, except for section 4(2), pursuant to which it is possible to claim to be notified about personal matters referred to in documents, not apply to the tasks referred to in subsection 1, 1st sentence.
shall on request re-establish his rights. The request shall be filed with the Patent Authority within 2 months from the removal of the obstacle causing non-observance of the time limit though not later than 1 year after the expiry of the time limit. The omitted act shall be completed and the fee prescribed for re-establishment of rights shall be paid within the same time limits.
(2) Subsection 1 shall apply to the time limit concerning priority referred to in section
11(1) if a utility model applicant in a subsequent application requests re establishment of his priority within 2 months from the expiry of the time limit referred to in section 11(1).
(i) within the 10 days preceding the expiry of the time limit the postal service was interrupted on account of war, revolution, civil disorder, strike, natural calamity or other like reason in the locality where the sender has his place of business or is staying, and the mailing to the Patent Authority is effected within 5 days after the resumption of the postal service, or
(ii) the mailing was effected by registered letter to the Patent Authority not later than 5 days prior to the expiry of the time limit though only if the mailing was effected by airmail, where possible, or if the sender had every reason to believe that surface mail would not arrive later than 2 days after the date of mailing.
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(2) If the utility model applicant wishes to have his rights re-established under subsection 1, he shall file a request to that effect with the Patent Authority before the expiry of the time limit referred to.
(2) Any person who, after the expiry of the time limit prescribed for resumption of the examination and other processing of a shelved application or after the refusal of the application or after the advertisement of the lapse of the utility model registration, but prior to the advertisement under subsection 1, in good faith has commenced a commercial exploitation of the creation in this country or has made substantial preparations for such exploitation may continue the exploitation retaining its general character.
(3) The right provided for in subsection 2 may only be transferred to others together with the business in which it has arisen or in which the exploitation was intended.
right of appeal, including rules to the effect that appeals may not be brought before any higher administrative authority.
73.- The provisions of Article 75(1) and (2) of the Community Patent Convention concerning the entire or partial termination of a patent granted by the Patent Authority of this country shall apply mutatis mutandis to utility models.
January 2007. At the same time the Utility
Models Act, cf. Consolidate Act No. 367 of 9
June 1998, shall be repealed.
(2) With respect to sections 55, 56 and 58 they shall enter into force on 1 January 2006.
(3) This Act shall apply to utility models registered and applications filed after the entry into force of this Act. With respect to utility model applications filed prior to the entry into force of this Act, the previous rules shall continue to apply.
(4) The rules concerning re-establishment of rights, cf. sections 66 to 68, and the rules concerning examination pursuant to section
50 shall also apply to applications and registrations filed before the entry into force of this Act.
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Islands and Greenland, but may by Royal
(2) to
( 22) (Transitional provisions, not
Ordinance be put into force for those islands with such deviations as the special circumstances of the Faeroe Islands and Greenland may require.
Act No. 538 of 8 June 2006 to Amend the Administration of Justice Act and various other Acts contains the following provisions as to entry into force and transitional provisions:
reproduced).
Act No. 1404 of 27 December 2008 to Amend the Trade Marks Act, the Penal Code, the Radio and Television Broadcasting Act and various other Acts contains the following provisions as to entry into force and transitional provisions:
(1) This Act shall enter into force on 1
January 2009.
(1) This Act shall enter into force on 1
(2) to
( 4) (Transitional provisions, not
January 2007, cf., however, subsections 2 to
22 and section 106.
reproduced).
The Ministry of Economic and Business Affairs, 28 January 2009
LENE ESPERSEN
/Jesper Kongstad
2) This Consolidate Act contains information about provisions as to entry into force and transitional provisions adopted during the sessional years 2005/2006 to 2008/2009 of the Danish Parliament (the Folketing). The amendments indicated below in consequence of Act No. 538 of 8 June 2006 to Amend the Administration of Justice Act and various other Acts and Act No. 1404 of 27 December 2008 to Amend the Trade Marks Act, the Penal Code, the Radio and Television Broadcasting Act and various other Acts shall not apply to the Faeroe Islands and Greenland, but may by Royal Ordinance be put into force for those islands with such deviations as the special circumstances of the Faeroe Islands and Greenland may require.
3) Section 54 in the wording of this Act entered into force on 1 January 2009, cf. Act No. 1404 of 27 December 2008.
4) Section 60(2) in the wording of this Act entered into force on 1 January 2009, cf. Act No. 1404 of 27 December 2008.
5) Section 61 in the wording of this Act entered into force on 1 January 2007, cf. Act No. 538 of 8 June 2006.
6) Section 61a entered into force on 1 January 2009 and was inserted by Act No. 1404 of 27 December 2008.