Region: Denmark

Patent challenge is finally resolved after 28 years

On 21st August 2008 the Danish Supreme Court handed down a final ruling in a patent dispute that had been running for 28 years. Even after the presentation of a pertinent French patent, Fritz Amstrup used all the available appeal options - but at no time did he produce anything to justify the granting of the patent.

15 October 2008

Do you have permission?

When a company is considering registering a new trademark for a drug, it should search to check earlier trademarks. However, it must also check whether the trademark will be approved by the Danish Medicines Agency and whether it will be possible to market the medicinal preparation under the chosen trademark.

09 July 2008

Fighting for gold

Team Danmark, the independent public institution charged with developing Danish sport, has enjoyed a 3-1 victory in a fight to protect its trademark. The Maritime and Commercial Court ruled that the later JOBTEAMDANMARK mark for which registration was sought would have diluted everything for which the TEAM DANMARK mark stood.

11 June 2008

Requests for limitation or revocation: Danish law versus the EPC 2000

The entry into force of the European Patent Convention (EPC) 2000 on December 13 2007 has highlighted the different approaches taken by Denmark and the European Union to the re-examination of issued patents. In contrast to the EPC 2000, Danish rules allow both the patent owner and third parties to ask the Danish patent authority to re-examine an issued patent valid in Denmark.

28 May 2008

Appeal board protects well-known PRINCE mark

The Patents and Trademarks Board of Appeal has overturned a decision of the Patent and Trademark Office to find that the cigarette trademark PRINCE is so well known that it can prevent registration of the same mark for foodstuffs. The decision, which has been referred to the Maritime and Commercial Court, grants the mark extremely broad protection.

21 May 2008

London Agreement should pave the way for lower patent prices in Europe

The London Agreement has now come into force, cutting costs for patent owners by providing that only the patent claims, and not the whole patent text, need be translated into the national languages of the countries in which protection is sought. To date, 13 European countries, including Denmark, have joined the agreement.

14 May 2008

Design registrations enhance Danish competitiveness

The ability to create and implement designs is crucial to Denmark’s competitiveness in the global knowledge society. Product designs can benefit from copyright protection or be registered as EU designs, international designs or even trade dress trademarks. It is crucial to understand the IP rights system in order to choose the most appropriate protection for a design.

23 April 2008

Record payout for Rolls-Royce as court confirms mark is well known

A Danish court has awarded Rolls-Royce Dkr250,000, one of the biggest payouts ever awarded in a trademark case in Denmark, over allegations that its famous mark was infringed by PR Chokolade A/S. Contrary to the defendant’s claims, the court found that the ROLLS-ROYCE mark is well known in Denmark, a conclusion that was supported by two surveys.

09 April 2008

Unfair Commercial Practices Directive sets out clearer rules for mark owners

The deadline for implementing the EU Directive on Unfair Business-to-Consumer Commercial Practices has now expired. In Denmark, the directive is implemented by a regulation to the Marketing Act. This is particularly significant to trademark owners, as most counterfeit cases are run with reference to the Marketing Act as well as the Trademark Act.

26 March 2008

Putting a price on IP rights

The focus on valuing IP rights is intensifying, both in Denmark and in the rest of the world. Although putting a price on a company’s IP assets can be a cumbersome and imprecise process, Danish companies would be advised to make some move in this direction, as even a preliminary valuation is better than no valuation at all.

19 March 2008

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