The Legal 500

Denmark

Johnny Petersen - Delacour Dania

Ownership of marks Who may apply? As an introductory remark, it must be noted that all matters relating to Danish trademarks are regulated by the Danish Act on Trademarks (the Trademarks Act). No references are made in this chapter to the European Community Trademark Regulation. 

by Tom Bork Petersen

by Søren Christian Søborg Andersen

A private consumer bought a Rolex copy on the internet. But he never received the watch for it was seized by Customs in accordance with the EU Customs Regulation

It was okay for a parallel importer of pharmaceutical products to label itself ‘repackager’ although the products were actually repackaged by another company.

The Advocate General proposes a more lenient treatment of search ads.

Trademark holders can be granted an EU-wide interim injunction if they file the application with the proper court.

A large Danish pharmaceutical company was right: A UK patent on an intermediate product it used was invalid.

A manufacturer of puzzle books could not use the number '1000’ as its trademark because the number could be seen as descriptive of the product. And this is not allowed.

Collaboration between the European Patent Office and Google will make patent searching easier, quicker and more efficient.

The EU Court of Justice recently said that the plans for a common European patent litigation system are incompatible with the EU treaties.

0.05-1.0 mg ”finasteride” against hair loss. The UK and French courts could not agree if this dose was patentable.

A newspaper was not entitled to post photographs on the internet although the original agreement entitled the newspaper to keep and use the photographs.

The EPO recently decided that plant breeding methods are not patentable even if based ‎on biotechnology.‎

IBM for computers and M! for magazines. Short word marks are catchy. Now it may become easier to have very short trademarks registered.

A Chinese rice importer was not allowed to register a Community trademark because it was similar to a competitor’s mark. The registration was contrary to UK law, according the General Court.

ECCO could not file a complaint against a competitor's domain name administrator. The battle for the name ‘eccodiscount.com’ had to be fought directly with the competitor

The ECJ has approved the use of ’blank media levies’ as a means to ensure that musicians and writers receive reasonable compensation when their works are copied by consumers.

It cost the UK EUR 33.25 million to breach EU law in a case concerning marketing authorisation of an anti-depressant.

In one and the same proceeding, a patent holder successfully applied for an interim injunction against two competitors who were infringing its patent and design.

The final body of appeal of the European Patent Office recently established that divisional patent applications may be filed during the appeal period for the parent application even if the applicant eventually decides not to appeal the refusal of the parent application.

A painter who had rented a studio left behind 14 paintings on vacation of the premises. The artist wanted the paintings to be destroyed because the paintings were unfinished and in discord with the artist’s other production of works of art.

The Copenhagen Maritime and Commercial Court was not convinced that long stainless steel kitchen handles could be copyright or design protected. They were simply too ordinary.

When soybeans are made into flour, the DNA sequences that make the beans Roundup resistant lose their effect. Therefore, importing the flour to the European Union did not infringe the patent.

The well-known three-dimensional shape of the Lego toy brick cannot be protected as a Community trademark. So said the European Court of Justice in a recent judgment.

As an introductory remark, it must be noted that all matters relating to Danish trademarks are regulated by the Danish Act on Trademarks (the Trademarks Act). No references are made here to the European Community Trademark Regulation.