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ARTICLE · 23 APRIL 2012

IT Regulation

Moalem Weitemeyer Bendtsen Advokatpartnerselskab
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Software licenses and other IP licenses are subject to general Danish contract law.

DenmarkIntellectual Property

Software licenses and other IP licenses are subject to general Danish contract law. Software itself is protected by the regulation on intellectual property rights. Thus, the intellectual property rights to software are protected by the Danish Copyright Act (in Danish "Ophavsretsloven"). Under Danish law, software in itself is not patentable, but it is possible to get a patent on an invention, where software is a part of the invention, provided that software is not the main part of the invention.

Databases are protected by the Danish copyright act, but the special rules regarding software do not apply to databases.

A distinction is made between the transfer of a license - i.e. a limited right to use the particular programme where the licensee only receives limited rights and the software may only be used in accordance with the license terms supplemented by the Danish Copyright Act - and the transfer of the copyright itself to the software.

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