Announcement Of Law On Utility Models

Original Language Title: Bekendtgørelse af lov om brugsmodeller

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=123162

Overview (table of contents) Chapter 1 General provisions

Chapter 2 utility model applications and their processing, etc.

Chapter 3 International utility model application

Chapter 4 the conversion of a European patent application

Chapter 5 the extent and duration of the registration

Chapter 6 payment of renewal fees

Chapter 7 License, assignment, etc.

Chapter 8 termination of the registration, administrative testing, etc.

Chapter 9 the obligation to disclose information on utility model

Chapter 10 Penalty and liability, etc.

Chapter 11 miscellaneous provisions

Date of entry into force and transitional provisions Chapter 12 the full text announcement of law on brugsmodeller1)

Hereby promulgated law on utility models, see. Act No. 1431 by 21. December 2005 with the changes imposed by section 34 of Act No. 538 of 8. June 2006 and section 4 of Act No. 1404 by 27. December 2008.2)

Chapter 1

General provisions

§ 1. Any subject matter, which can be exploited industrially, and which involves a solution to a technical problem, may upon application in accordance with this law shall be registered as a utility model.

(2). The who has produced a utility model, or to whom the right is surpassed, frembringe obtains the registration the exclusive right to exploit it commercially.

§ 2. Subject-matter cannot be registered as utility models if they relate to what alone constitutes





1) discoveries, scientific theories and mathematical methods

2) artistic creations,

3) plans, rules or methods for intellectual activity, for games or for economic activities or programs for computers or

4) presentation of information.





(2). Subject-matter cannot be registered as utility models if they relate to





1) munitions or

2) practices.





(3). Notwithstanding the provisions of paragraph 2, no. 2, is it possible to register a utility model on products for use in these practices, including substances and mixtures for use in practices for surgical or therapeutic treatment or for the diagnosis, as used on humans and animals, or products produced by a microbiological process or other technical approaches.

(4). A utility model shall be notified not for plant varieties or animal breeds. If frembringelsens exercise is not technically confined to a particular plant variety or animal race, however, registered utility model, although the subject matter is plants or animals frembringelsens. With the plant variety for the purposes of this Act a plant variety as defined in article 5 of the Council regulation on Community plant variety rights.

(5). The subject matter can be verifiable, even if they concern 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 of a generation, even if it already exists in nature. With biological material for the purposes of this law, material containing genetic information and capable of reproducing itself or being reproduced in a biological system.

§ 3. The human body, at the various stages of its formation and development, and the simple discovery of one of its elements, including the sequence or partial sequence of a gene, cannot constitute verifiable subject matter.

(2). Notwithstanding paragraph 1, a part of the human body that is isolated or otherwise produced by means of a technical process, including the sequence or partial sequence of a gene, constitute a measurable creation, although such a part in its structure is identical to that of a natural element.

§ 4. Subject-matter, whose commercial exploitation would be contrary to ordre public or morality, cannot utility model is recorded.

(2). An exploitation shall not be deemed to be contrary to ordre public or morality, if only because the exploitation is prohibited by a law or administrative regulation.

(3). Pursuant to paragraph 1 may not be registered utility model protection, among other things, for the use of human embryos for industrial or commercial purposes.

§ 5. In order to be able to be registered to be a creation be new in relation to what was known before the certificate is lodged, and it must clearly distinguish themselves from there.

(2). As known is considered everything that has been commonly available through writing, lectures, exhibition, supply, utilisation, by image or otherwise. Also be considered as the contents of a patent application or utility model application filed with the validity of the utility model certificate is lodged, before Denmark as known if this application will be widely available in accordance with the rules set out in the patent Act section 22 and section 24 of this law. The requirement in paragraph 1 that the generation clearly must differ from the known, except for the contents of such applications.

(3). Utility model registration may, however, be achieved for a generation, no matter that the within the last 6 months before submission of the application have been widely available, when this is a result of





1) a manifest abuse in relation to the applicant or anyone from whom his right arises, or

2) that the applicant or anyone from whom his right arises, have presented the creation of such an official or officially recognized international exhibition, as referred to in the in Paris on 22 September. November 1928 concluded Convention on international exhibitions.





§ 6. The utility model registration achieved by exclusive right means that other than utility model holder not without utility model holder authorization must exploit the creation by making, offering, putting into circulation and use of the product which is the subject of utility model protection, or importing or possessing the product with such purpose.

(2). Exclusive rights also requires other than utility model holder not without utility model holder authorization must exploit the creation by providing or offering any who are not entitled to exploit the creation, means to engage in the generation here in the country, provided these funds relate to an essential element in the creation and the supplier or the offeror knows or it is obvious in the circumstances, that they are suitable and intended for such use. Is the product a marketed product, commonly applies, however, only if the supplying or offering to supply the product, encourages the recipient to commit acts referred to in paragraph 1. For the purposes of applying the provisions of 1. and 2. paragraph shall be considered as persons performing acts referred to in paragraph 3, no. 1, 3 or 4, not entitled to take advantage of that object.

(3). The exclusive right shall not include the





1) actions performed in non-commercial purposes,

2) acts concerning products of the utility model the right holder or with his consent are brought into circulation in this country or in another country within the European economic area (EEA),

3) acts carried out for experimental purposes related to the subject-matter of the registered subject matter, or

4) preparation in a pharmacy of a medicine in accordance with the doctor's prescription in individual cases or acts relating to the medicinal product.





§ 7. The protection that is attached to a utility model registration of a biological material which, by virtue of that object has certain properties, include any biological material derived from that biological material by reproduction or multiplication in an identical or differential form, and that have the same characteristics.

(2). The protection that is attached to a utility model registration of a product containing or consisting of genetic information shall include any material in which the product is incorporated and in which the genetic information is contained and shall exercise its function, see. However, § 3.

(3). Protection in accordance with paragraphs 1 and 2 shall not include the biological material obtained by reproduction or multiplication of biological material, which are marketed in a Member State of the European Union area of utility model holder or with his consent, if such reproduction or multiplication is carried out as a necessary part of the application for which the biological material was marketed, provided that the material obtained is not subsequently used for further reproduction or multiplication.

§ 8. Notwithstanding section 7, paragraphs 1 and 2, involves the sale or any other form of placing on the market of propagating material of plants, carried out by a utility model the right holder or with his consent, to a farmer for agricultural purposes, the farmer has permission to use his harvest for reproduction or propagation on its own holding, provided that the scope of and conditions for this are set out in article 14 of the Council regulation on Community plant variety rights.
(2). Notwithstanding section 7, paragraphs 1 and 2, involves the sale or other form of commercialisation of breeding stock or other animal reproductive material, which is carried out by a utility model the right holder or with his consent, to a farmer, the farmer has permission to use the animal or other animal reproductive material for own agricultural purposes, but not to sell it in connection with or for the purpose of reproduction for commercial purposes. The Minister for economic and business affairs shall lay down provisions for the scope of and conditions for the farmer's use of such utility model registrations to their own agricultural purposes.

§ 9. The who in this country in the course of trade, since the generation took advantage of utility model application was lodged, irrespective of a registered utility model shall continue the exploitation with the retention of its general nature, provided that the use did not amount to a manifest abuse to the applicant or anyone from whom his right arises. Such right of exploitation shall belong under similar conditions also the, which had taken significant measures to the commercial exploitation of the production in this country.

(2). The right referred to in paragraph 1 may only be transferred to others together with the business in which it occurred, or in which the exploitation was intended.

§ 10. Regardless of that registered a utility model by a subject-matter, other than utility model holder must exploit the creation by the use of a foreign vehicle, vessel or aircraft under the temporary crossing or random presence here in the country.

(2). The Minister for economic and business affairs may provide for spare parts and accessories for aircraft, regardless of a registered utility model shall be introduced and used here for the repair of aircraft belonging to a foreign State which grants similar rights for Danish aircraft.

§ 11. Application for utility model registration of a generation that is specified in a previous application for a patent or utility model registration in this country or application for a patent or inventor's certificate, utility model protection in another country which is party to the Paris Convention of 20. March 1883 concerning the protection of industrial property, in relation to article 5, paragraphs 1 and 2, as well as section 9 of the petition shall be deemed filed at the same time as the previous application, if the later application is filed within 12 months from the filing of the previous application. The same right of priority shall apply, even if the application for protection is not coming from a country that is connected to the Convention, when an equivalent priority from a Danish patent application or utility model application by virtue of bilateral or multilateral agreement shall be accorded in the country in which the earlier application was filed, and this happens under conditions and with effects that are essentially consistent with the Convention.

(2). The Minister for economic and business affairs shall establish the terms and conditions for the right to make such a force priority.

§ 12. The applicant has previously submitted a patent application in force for Denmark, the applicant may apply the patent application in whole or in part as the basis for a utility model application concerning the same subject matter. The applicant may request that the filing date applicable to the patent application, to apply for a utility model application. Are there requested priority in a patent application, see. Patent Act section 6, apply this request also for utility model application.

(2). The Minister for economic and business affairs lays down rules of application in accordance with paragraph 1.

Chapter 2

Utility model applications and their processing, etc.

§ 13. The Patent Office here in the country's Patent and Trademark Office, which is headed by a Director, and the Appeals Board for patents and trademarks. By the patent office for the purposes of this law, the patent office in this country, unless otherwise specified.

§ 14. Application for registration of a utility model shall be submitted to the Patent and Trademark Office, as is the registration authority. The application shall contain an indication of what is protected. For the application to be paid a fee.

(2). In application to the generation be as clearly described or shown, to a person skilled in the art on the basis of which to exercise it.

(3). Where an application concerns a subject matter of a product obtained by a microbiological process, the application in the case shall be deemed sufficiently clearly indicated, provided that the conditions set out in section 15 (1) and (2) together are met.

§ 15. There must, in the exercise of that object used biological material, which are not commonly available or can be described in the application documents, so that a person skilled in the art on the basis of these exercise creation, a sample of the biological material has been deposited no later than the day on which the application will be submitted. The test should then be deposited so that a sample can be obtained in Denmark.

(2). Terminates a deposited sample to be viable, or can a test for other reasons are not issued, it must be replaced with a new sample of the same biological material within the time limit, and, moreover, in accordance with the rules laid down by the Minister for economic and business affairs. The new deposit shall be deemed made already of the day on which the previous deposit was made.

(3). The Minister for economic and business affairs lays down rules for depositing and dispensing in accordance with paragraphs 1 and 2.

§ 16. In the same application must not apply for utility model registration of two or more independent creations.

§ 17. The registration of a utility model is sought subject matter, as shown by one of the applicant previously filed utility model application that has not been finally settled by the patent office, the later application on applicant's request considered lodged at the time when the acts, of which the production is clear, were received for the patent office. The Minister for economic and business affairs lays down rules for doing so.

§ 18. An application for a utility model registration may not be amended in such a way that the utility model registration sought for something that were not reflected in the application, since this was filed.

§ 19. The Patent Office shall ensure that the application meets the conditions laid down in § § 1, 2, 3, 4, 16 and 18.

(2). The applicant may, against payment of a fee request to Patent and trademark also shall ensure that the conditions relating to that object must be new and distinguish themselves clearly from the already known, see. section 5, is met.

§ 20. Patent Office finds that the application is irregular, the applicant shall be informed accordingly and called upon before a specified deadline to comment or correct the application.

(2). The application is archived, if the applicant fails to speak out or to take measures for the correction of the application before the deadline. Under the direction of the applicant in accordance with paragraph 1 shall contain an indication to that effect.

(3). The examination of the application shall be resumed if the applicant within two months following the expiry of the time limit laid down an opinion or takes measures for correction of the application and pays the prescribed fee resume.

(4). The provisions of paragraphs 1 to 3 shall apply mutatis mutandis where the applicant pursuant to section 19, paragraph 2, has requested that the Patent and Trademark Office also ensures that the conditions for the creation is new and differs clearly from the already known, are met.

§ 21. The application is found to comply with the requirements, the production is recorded. Notice of utility model registration shall be published by the Patent and Trademark Office.

(2). Find something to prevent the patent office in order to respond to the application, and the applicant has had the opportunity to comment on the obstacle, the application must be refused, unless the patent authority finds reason to encourage the applicant to comment or correct the application under section 20.

§ 22. Any claim against the patent authority that he and not the applicant is eligible for the creation, the patent office may, if it finds the question doubtful, invite the requester to within a specified time limit to bring court proceedings to that effect. Not complied with, the claim can be disregarded for the purpose of determining the utility model application. Notification thereof shall be given in the invitation.

(2). Are there brought an action on the right to a subject matter for which a utility model registration may be sought treatment of the utility model application shall be suspended until the court case is finally settled.

§ 23. Proving someone over for the patent office, that the person in question and not the applicant is eligible for the creation, the patent office shall transfer the application to the person concerned, provided that this request. The utility model application so transmitted, must pay a new application fee.

(2). There is requested on the application of a utility model application, the application shall not be disclosed, must be refused or accepted, before taking a final position on the request.

§ 24. The creation is registered no earlier than 15 months from certificate is lodged or, if the requested priority, from the date of priority, see. § 11.

(2). At the request of the applicant for a utility model application or registration publication of can of that object happen earlier.
(3). When 15 months has elapsed from the filing date or, if priority, from the date of priority, the acts, even if that object is not registered, shall be kept available for everyone. Is there a decision on closure or refusal, may, however, not be available, unless the acts the applicant desires the resumption, being the appellant against the announced refusal or pursuant to §§ 66 or 67 desires restoration of rights.

(4). When the documents are made available in accordance with paragraph 2 or 3, notice thereof shall be drawn up.

(5). A document contains business secrets, which are not of a generation for which examined or registered utility model, the patent authority may, when special reasons are available, on request, provide that document in whole or in part should not be available. Is such a request filed, must not be made available, the document before the decision is taken or in the length of time during which the decision can be appealed. The appeal has suspensive effect.

(6). Is a sample of the biological material deposited in accordance with article 15, paragraph 1, have any right to obtain a sample of the material, when the documents will be available in accordance with paragraph 3. After the utility model registration may extradition be done to any applicant, irrespective of whether the utility model registration has ceased or is known invalid. This will not, however, mean that a trial must be issued to any person who, after the provisions laid down in or pursuant to the law are not allowed to handle the deposited material. A trial should not be released to anyone if it because of the material's hazardous properties are assumed to be associated with the manifest danger, that he or she is in possession of the sample.

(7). Notwithstanding the provisions of paragraph 6, the applicant may request that the extradition of a try in the meantime until the utility model is registered, can only happen to a particular expert. If an application is rejected or withdrawn or is deemed to be withdrawn, the applicant may request that a sample of the deposited material in 10 years from a utility model application filing may only be handed over to a special expert.

(8). The Minister for economic and business affairs shall lay down provisions on the basis of the extradition request, on the deadline for the submission of such applications and about who can be used as expert.

(9). Request for the extradition of the sample shall be made in respect of the patent office and shall contain a statement to observe the limitations on the use of the sample, as is clear from the rules laid down by the Minister for economic and business affairs. If the test is to be handed over to a special expert, the Declaration shall instead be made of this.

§ 25. Complaint against Patent and trademark Agency's final decision of a utility model application may be submitted by the applicant to the Appeal Board for patents and trademarks. The same goes for utility model holder, when a utility model shall be lifted completely or partially after request for testing of the registration under section 50. Maintained utility model registration in modified or unmodified form, despite the request, the decision appealed from by the person who made the request. The latter waives its complaint, the complaint shall be verified anyway, when there are special reasons for doing so.

(2). A complaint under paragraph 1 shall be lodged with the Appeals Board for patents and trademarks within 2 months after the Patent and Trademark Office has given the notification of the decision in question. Within the same time limit for complaint provided fee must be paid. If this does not happen, the complaint must be rejected.

(3). Others who have an interest in the relevant decision, may within 2 months after the decision is published, lodge a similar complaint.

(4). Decisions of the Appeals Board for patents and trademarks cannot be brought before another administrative authority.

(5). Decisions of the Patent and Trademark Office, as may be brought before the Appeals Board for patents and trademarks, can not be challenged before the courts, before the decision of the Appeals Board. For a decision adopted by the Appeals Board for patents and trademarks, brought before the courts, must be brought before the case within 2 months from the day on which the person concerned has been given notice of the decision.

(6). Decisions, by which the request for confidentiality of business secrets pursuant to section 24, paragraph 5, has been refused, an appeal may be lodged by the applicant.

Chapter 3

International utility model application

section 26. At the international utility model application shall mean an application in accordance with the in Washington on 19. June 1970 entered into patentsamarbejdstraktat.

(2). International utility model application delivered to a patent authority or international organization, which, in accordance with the Treaty and the regulations is entitled to receive such an application (receiving authority). To the patent office in this country, an international utility model application shall be submitted in accordance with the rules laid down by the Minister for economic and business affairs. The applicant shall pay the prescribed fee for the application for the patent office.

(3). § § 27-35 shall apply to utility model applications, which includes international Denmark.

§ 27. An international utility model application in respect of which the receiving authority has established the international filing date, has the same effect as a utility model application filed in this country that day. The provision in section 5, paragraph 2 2. paragraph, shall, however, only apply where the application is continued under section 29.

section 28. An international utility model application shall be deemed withdrawn as far as Denmark, in cases as referred to in article 24 (1) patentsamarbejdstraktatens, (i) and (ii).

section 29. The applicant wishes to pursue an international utility model application to Denmark, shall this in 33 months from the international filing date or, if priority is claimed, from the priority date, pay the prescribed fee to the patent authority and file a translation into Danish of the international application to the extent that the Minister for economic and business affairs. If the application is written in Danish, the applicant must within 33 months mail a copy of the application.

(2). If the applicant has paid the prescribed fee within the time limit laid down in paragraph 1, the required translation or copy may be filed within a further period of 2 months, against payment of a fixed surcharge before the expiration of the additional period.

(3). The applicant does not meet the requirements of this paragraph, the application is deemed to be withdrawn, as regards Denmark.

section 30. When an international utility model application is continued under section 29, the provisions of chapters 1 and 2 apply to the application and its processing with the variances that are provided in this section and in sections 31 and 34. Applications may be admitted to treatment before expiry of the time limits applicable under section 29, if the applicant desires it.

(2). The provisions of article 24, paragraphs 2 and 3 shall apply even before the application is continued when the applicant has complied with his obligation pursuant to section 29 to file a translation of the application, or if the application is written in Danish, where the applicant has submitted a copy of it to the patent office.

(3). For the purposes of §§ 41 and 43-45 for a compulsory licence, section 53 of the duty to disclose information on utility model and § 57 of the protection of that object in the period between filing and registration shall be deemed to be an international utility model application to be made available to any person when it is available in accordance with paragraph 2.

(4). Patentsamarbejdstraktatens utility model application satisfies the requirements as to form and content, it must be approved in this respect.

section 31. In an international utility model application must not be registered a utility model or be refused until after the expiration of a period specified by the Minister for economic and business affairs, unless the applicant has consented to the application be decided beforehand.

section 32. The Patent Office shall not without the consent of the applicant to register a utility model in an international utility model application or publish it before it is published by the International Bureau at the World Intellectual Property Organization (WIPO), or who has gone 20 months from the international filing date or, if priority is claimed, from the priority date.

section 33. Are part of an international utility model application has not been the subject of an international preparatory test, because the applicant at the insistence of the international testing authority has limited utility model requirements, the relevant part of the application is deemed to be withdrawn at the patent authority unless the applicant pays the additional fee provided for in the Patent Cooperation Treaty within 2 months after the patent office has requested.
§ 34. Are part of an international utility model application has not been the subject of international news study or international preliminary registrerbarheds testing, because the application has been considered to comprise two or more independent, subject-matter, and the applicant has not paid within the period prescribed additional fee in accordance with the Patent Cooperation Treaty, the patent office shall examine whether the assessment was correct. Found this to be the case, the relevant part of the application is deemed to be withdrawn at the patent authority unless the applicant pays the prescribed fee within 2 months after the patent office has granted the applicant notification of the outcome of the investigation. The patent Office considers that the assessment was not correct, it shall continue the examination of the application in its entirety.

(2). The applicant may appeal against a decision taken pursuant to paragraph 1, whereby it is assumed that a utility model application includes two or more independent creations. The provisions on redress provisions in section 25 shall apply mutatis mutandis.

(3). The Danish Medicines Agency's decision upheld, counted the time limit for payment of the fee as provided for in paragraph 1 from the day on which the final decision.

section 35. Have a receiving authority refused to fix the international filing date for an international utility model application, the patent office at the applicant's request, verify the correctness of the decision. The same applies to a decision from the International Bureau, after which an application shall be deemed withdrawn.

(2). Request for review in accordance with paragraph 1 shall be submitted to the International Bureau before the expiration of a period specified by the Minister for economic and business affairs. The Minister for economic and business affairs shall set a time limit and additional scope for the applicant for a fee to file a translation of the application to the patent office.

(3). Find patent authority, to the receiving authority or the International Bureau decision is incorrect, the patent office shall examine the application in accordance with chapters 1 and 2. If an international filing date are not provided by the receiving authority, the application shall be considered filed on the day on which the patent authority considers should have been established as the international filing date. Meet the application patentsamarbejdstraktatens requirements as to form and content, it must be approved in this respect.

(4). The provision in section 5, paragraph 2 2. paragraph shall apply to applications, which have been admitted to treatment in accordance with paragraph 2, if the application becomes widely available pursuant to section 24.

Chapter 4

Conversion of a European patent application

§ 36. Shall be deemed to be a European patent application which has been submitted to a national patent authority to be withdrawn as a result of the European Patent Office is not provided within the prescribed time limit, the patent office has received the application on the applicant's request, deem the order converted into an application for a utility model registration in this country, where





1) the petition shall be made to the satisfaction of the national competent authority that received the application, within 3 months after the applicant has been given notification that the application is deemed to be withdrawn,

2) request received to the patent office in this country, within 20 months from the day on which the application was lodged or, if the priority is requested, from the date of priority and

3) the applicant within a period specified by the Minister for economic and Business Affairs pays the prescribed application fee and submit a translation of the application into Danish.





(2). Utility model, the applicant complies with the European patent Convention requirements regarding the application form, it must be approved in this respect.

(3). The Minister for economic and business affairs shall draw up detailed rules for the right to convert a European patent application into an application for a utility model registration in this country in accordance with paragraph 1.

Chapter 5

The extent and duration of the registration

section 37. Utility model registration scope of protection is determined by utility model requirements. Downloadable guide for understanding the requirements in the description of utility model and the drawing.

(2). Scope of protection must not be extended after registration.

section 38. Utility model registration valid until 3 years from the filing date and can be renewed for two further periods of respectively 3 and 4 years on payment of the prescribed fees.

(2). Renewal of the registration shall be published.

Chapter 6

Payment of renewal fees

§ 39. The renewal fee is due on the last day of the month in which the fee period begins. Renewal fee may be paid not earlier than 3 months before the due date.

(2). For a later application, as referred to in § 17, renewal fees are due for the periods beginning before the later application was submitted, in no case before 2 months after the day on which the later application was filed. For an international utility model application due renewal fees for periods which have begun before the day on which the application was pursued under section 29 or admitted to treatment under section 35, or which begin within two months after this day, in no case before 2 months after the day on which the application was pursued or admitted to treatment.

(3). Renewal fee may be paid with the prescribed increase until 6 months after the date it is due.

(4). Patent and Trademark Office shall collect renewal fees with utility models utility model, the applicant, holder or a designated officer, if any, but the Patent and Trademark Office is not responsible for the rettighedstab as a result of lack of charging.

Chapter 7

License, assignment, etc.

§ 40. Is a utility model registration transferred to another, are licensed, is a utility model registration pledged, is made to the attachment of the utility model registration, or utility model gardens taken during bankruptcy proceedings, it shall, upon request, be entered in the utility model register.

(2). It is demonstrated that a registered license has expired, the license must be deleted from the register.

(3). The provisions of paragraphs 1 and 2 shall also apply to compulsory licences and rights under section 48, paragraph 2.

(4). Disputes concerning a utility model registration may always be brought against it, which in the register is introduced as utility model gardens, and communication from the patent office can be sent to this.

§ 41. If a registered generation, when there has been 3 years from the date of the utility model registration and 4 years from the date of filing of the application, the utility model shall not be exercised in this country in a reasonable, it may, as will exercise generation in this country, obtain a compulsory licence to do so, unless there are reasonable grounds for the failure.

(2). The Minister for economic and business affairs may decide to exercise in another country must be treated with exercise in this country for the purposes of paragraph 1. Such a provision can be made conditional on reciprocity.

§ 42. The holder of a registered utility model, if exploitation is dependent on a patent or a utility model registered, belonging to another, can obtain compulsory licensing of the patent protected invention or utility model registration in the protected subject matter, if the former generation represents a significant technical progress of considerable economic importance.

(2). The holder of the patent or of the registered utility model, to whose exploitation has been granted a compulsory licence pursuant to paragraph 1, on fair and reasonable conditions could obtain compulsory licensing of the second creation.

section 43. When important general interests so require, the Commission may, in the course of trade will utilize a production on which another has utility model protection, get a compulsory licence to do so.

§ 44. The which when a utility model application was made available to anyone in this country took advantage of the commercial production in which utility model registration is sought, may, if the application leads to a registered utility model, obtain a compulsory licence for the exploitation, when exceptional reasons justify and the question had no knowledge of the application, nor could reasonably have been able to acquire such knowledge. Such a right shall vest under the corresponding conditions also the, which had taken significant measures to the commercial exploitation of the production in this country.

(2). Such compulsory license may include time ahead of the utility model registration.

(3). The Minister for economic and business affairs may restrict use in another country must be equated with exploitation in this country for the purposes of the provision in paragraph 1. Such a provision can be made conditional on reciprocity.

§ 45. A compulsory licence may only be communicated to it, which, by agreement, have not been able to obtain a license on reasonable terms, and which can be assumed to be able to exploit the creation of fair and sound manner and in accordance with the license.

(2). A compulsory licence shall not prevent the holder themselves capitalizes on the creation or a utility model shall communicate to license to others.

(3). A compulsory license may only be transferred to others together with the business in which it is exploited or in which the exploitation was intended. For a compulsory licence granted under section 42, paragraph 1 shall apply also to the transfer of the compulsory licence shall be effected together with the utility model registration, if exploitation is dependent on a patent or a utility model registered, belonging to another.
(4). Compulsory licence relating to semiconductor technology can only be communicated to the public non-commercial use, or for bringing an anticompetitive behaviour, as has been established by judgment or administrative decision, to an end.

§ 46. The maritime and commercial court in Copenhagen will decide in the first instance, for a compulsory license shall be notified to, and also determines the extent to which the creation must be exploited, and shall fix the remuneration and other terms of the compulsory licence. In so far as the conditions might change substantially, the Tribunal may, at the request of either party may terminate the licence or lay down new conditions for this.

Chapter 8

The termination of the registration, administrative testing, etc.

§ 47. A utility model registration may, by dom known invalid if





1) registration is not made in accordance with sections 1-5,

2) registration of a generation, which is not so clearly described or shown, to a person skilled in the art on the basis of which to exercise it,

3) scope is altered in violation of section 18 or

4) scope is extended after the registration.





(2). If the holder of the utility model only partially eligible for utility model registration may utility model registration, however, is not known invalid in its entirety.

(3). Case may be, except in the cases referred to in paragraph 4, raised by everyone.

(4). Cases, as justified by the fact that a utility model is registered by someone other than the person who under section 1 is entitled, can only be raised by anyone who claims himself eligible for utility model registration. The matter must be raised within 1 year after the date the eligible have received the knowledge of the utility model registration and the other conditions under which the action is being supported. Utility model was the holder in good faith, since the utility model was registered, or when utility model gardens acquired utility model registration, proceedings may not be brought later than 3 years after the date of the utility model registration.

section 48. A utility model is registered to someone other than the person who under section 1 is entitled thereto, the Court shall, if the decommissioned assertion thereof of legitimate, transfer the registration to this. The provisions of section 47, paragraph 4, about the time of the action shall apply mutatis mutandis.

(2). Those who dismiss the registration, is when this in good faith here in the country in the course of trade has exploited the creation or taken substantial measures therefor, entitled against reasonable remuneration and otherwise on reasonable terms to continue the incipient or implement the planned exploitation with the maintenance of its common character. Such a right shall belong under the same assumptions also holders of registered license rights.

(3). Rights in accordance with paragraph 2 may only be transferred to others together with the business in which they are exploited or in which the exploitation was intended.

§ 49. Provides a utility model patent holder of authority renounce the utility model registration, patent authority declare utility model registration for lifted in its entirety.

(2). Are there raised litigation concerning application of utility model registration, registration can not be declared repealed before action is finally settled.

§ 50. When a utility model registration has taken place, can anyone upon payment of fee in the face of the patent office put forward a request for testing of the registration.

(2). Request for testing can only be supported on the grounds for invalidity referred to in article 47, paragraph 1.

(3). The Patent Office may require that a request referred to in paragraph 1 is accompanied by documentation.

(4). There is a case to court case concerning a utility model registration before a final decision has been taken on a request under paragraph 1 on the same registration, the patent office shall make the examination of the application is suspended until the matter is finally settled, unless the request is made by utility model holder.

§ 51. There is a request pursuant to section 50, the utility model holder be acquainted therewith and have the opportunity to comment thereon. The Minister for economic and business affairs lays down rules for doing so.

§ 52. Finds the patent office after the submission of the request pursuant to section 50, the existence of obstacles to registration, the registration shall lapse. Registration cancellation shall be published by the Patent and Trademark Office, once the decision has become final.

(2). If nothing is to prevent the utility model registration is maintained in an amended form, the patent office decides to change the registration, if the utility model holder agrees with the changed wording, as the patent office will grant the utility model registration and a fee for publication of the notice of change is paid before the expiry of the prescribed period.

(3). If utility model holder does not agree with the changed formulation or not timely pay the fee for the announcement of the change, shall be considered as utility model registration for lifted.

Chapter 9

Duty to provide information on utility model

§ 53. A utility model applicant for, or holder, as against any other invokes an application for utility model registration or a registered utility model, in documents relating to registration has been available to anyone is liable to, upon request, to give its consent to that he/she gets access to familiarize themselves with the acts of the application proceedings. The application includes a sample of the deposited biological material referred to in section 15, paragraph 1, he or she must also have the right to obtain a sample. section 24, paragraph 6, 2. and (3). paragraph and paragraphs 7 to 9 shall apply in these cases.

(2). The one who either by direct contact to another or in ads or by inscription on goods or their packaging or otherwise indicates that the utility model registration has been applied for or registered, without at the same time to enter the registration or application number, is liable without undue delay to give the one who desires it, such information. It is not explicitly indicated that the utility model has been applied for or registered, but the information is suitable to induce the opinion that this is the case, there must, at the request without undue delay stating whether or not the utility model has been applied for or registered.

Chapter 10

Penalty-and liability, etc.

§ 54. 3) With fine punished anyone who intentionally or grossly negligently encroaching from the exclusive right which a utility model registration entails (utility model interventions).

(2). Is the infringement committed intentionally and in aggravating circumstances, the penalty can rise to imprisonment up to 1 year and 6 months, unless a higher penalty is inflicted for criminal law § 299 b. aggravating circumstances shall in particular be to exist, if the infringement is hoping a significant and obviously unlawful gain.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

(4). Offences covered by paragraph 1, only 66.9% of the injured. Offences covered by paragraph 2, only after the English took exception request, unless the public interest requires a reprimand.

§ 55. Anyone who intentionally or negligently commits interference, the utility model shall pay





1) an equitable remuneration to the injured for the exploitation and

2) a replacement for the injured for the further injury which the infringement has caused.





(2). When determining compensation in accordance with paragraph 1, nr. 2, shall take into account, among other things, the English lost profit and infringe's unwarranted profits.

(3). In cases covered by paragraph 1, there shall be established a compensation to the injured party for non-economic damage.

section 56. In order to prevent further usage model interventions can right after allegation by dom, among other things, determine that a product poses a utility model interventions,





1) withdrawn from market

2) definitively removed from the trade,

3) destroyed,

4) handed over to the injured or

5) change in a specified way.





(2). Paragraph 1 shall apply mutatis mutandis to appliances, materials, tools, or the like, which primarily has been used for the illicit manufacture of a registered subject matter.

(3). The measures provided for in paragraph 1 shall be carried out without compensatory payment to the infringer and shall be without prejudice to a possible replacement to the injured. The measures to be implemented for violating's expense, unless special reasons to the contrary.

(4). By a judgment of measures pursuant to paragraph 1, the Court must take into account the relationship between the seriousness of the measures ordered, and third party interests.

(5). The Court may, after giving the infringer claim permission to dispose of those referred to in paragraphs 1 and 2 products, apparatus, materials, tools or the like in the registration duration or a part of this mod an equitable remuneration. This applies, however, only if the





1) the infringer neither has acted intentionally or negligently,

2) the measures provided for in paragraph 1 would harm disproportionately the infringer and

3) an equitable remuneration is sufficient.
§ 57. Leverages any without permission commercially a generation after that acts in the application have been made available to all, and leads the application for utility model registration, the provisions on utility model procedures, with the exception of § 54 of fine and stitching, apply mutatis mutandis. In the meantime, until there has been registration, utility model protection only covers it, as evidenced both by utility model requirements, as they had been, since the application became widely available, as of utility model registration, as it is registered or is maintained in an amended form under section 52, paragraph 2.

(2). The person concerned shall only pay compensation pursuant to section 55, paragraph 2, of the damage as a result of the interventions made before the notice of patent notice under section 21, to the extent deemed reasonable.

(3). Limitation of claims pursuant to paragraph 1 shall occur no earlier than 1 year after the registration.

§ 58. In a judgment, by which anyone convicted after §§ 55 and 56, the Court may on request decide that the judgment must be published in its entirety or in part.

(2). The duty of publication shall be the responsibility of the infringer. The publication should happen to violate's expense and in such a prominent way, as it can reasonably be required.

section 59. The one who brings an action on full or partial invalidity of a utility model registration or transfer of registration, must announce this to the Patent and Trademark Office for entry in the register as well as in utility model registered letter giving notice of the legal action to any licensee who is introduced in the utility model register with address. A licensee who will take action on interventions in the utility model law, must similarly give notice to utility model holder.

(2). Documents the applicant in its application, to review and messages, as specified in paragraph 1, have taken place, the Court may specify a time limit for the fulfilment of the conditions. Exceeded the prescribed time limit, the matter shall be rejected.

(3). In matters relating to the utility model intervention brought by utility model holder must the defendant give notice according to the rules laid down in paragraph 1 to the patent authority and registered licensees if the defendant will claim that the utility model registration known invalid. The provision in paragraph 2 shall apply mutatis mutandis so that the assertion that the utility model registration known invalid shall be rejected if the time limit is exceeded.

(4). In matters relating to the utility model action brought by a licensee can defendant tilstævne utility model holder, without regard to its jurisdiction and to this claim that the utility model registration known invalid. The provisions of the code of Civil Procedure Act Chapter 34 shall apply mutatis mutandis.

section 60. 4) The, as in the cases referred to in § 53 fails to comply, what is the responsibility of the person concerned, or provides false information is punishable by a fine, in so far as no stricter punishment is inflicted in accordance with other legislation, and must replace the thereby caused damage, in so far as this is deemed reasonable.

(2). § 54, paragraphs 3 and 4, shall apply mutatis mutandis.

section 61. 5) Applicants and brugsmodelhavere, who are not resident in this country, shall be considered in cases brought under this law, in order to have the home thing in Copenhagen.

(2). Transcript of judgments relating to utility model applications or utility model registrations, must be forwarded to the Patent and Trademark Office by the Court's action.

§ 61 a. 6) where customs and tax administration are given a presumption of violations covered by § 54, such information can be disclosed to the rightholder.

Chapter 11

Various provisions

§ 62. Patent and Trademark Office may invite the utility model gardens to designate a in the European economic area (EEA) resident clerk, as on a utility model holder's behalf can receive messages concerning the registered utility model. His name and address shall be entered in the utility model register.

section 63. Complaint against the Agency's decisions pursuant to §§ 40, 66 and 67 of the applicant, holder or the utility model, which has requested testing, shall be lodged with the Appeals Board for patents and trademarks within 2 months after that, he or she is given notice of the decision. Others who have an interest in the relevant decision, may within 2 months after that decision was announced, submit similar complaints.

(2). Within the time limit referred to in paragraph 1, it shall order the complaint provided for fee paid. If this does not happen, the complaint must be rejected.

(3). The provisions of article 25, paragraphs 2 to 4 shall apply mutatis mutandis.

section 64. The Minister for economic and business affairs shall lay down detailed rules concerning utility model applications and their processing and for the processing of requests for testing whether the recovery, whether waiver of utility model registration, for utility model register device and application for utility model journal publishing and content, on the exchange of electronic data with the patent office as well as on the Agency's business. It can be determined that the patent office including records relating to applications received must be accessible to everyone. The Minister for economic and business affairs may lay down detailed rules for the determination of which days are regarded as closing days for the patent office.

(2). The Minister for economic and business affairs can decide that the patent office at the request of another country's authority can provide this information on the treatment of utility model applications as filed, and here to the patent office in determining whether the conditions for registrerbarhed available, may accept novelty, as in this respect have taken place at the corresponding authority in another country or by an international institution.

(3). The Minister for economic and business affairs may also determine that the candidates in a country has submitted a corresponding application for utility model, at the request of the patent office and within one of this time limit must provide information on the results of the study of frembringelsens registrerbarhed, which is communicated to the applicant by the competent national patent office, as well as transmit copies of correspondence with this. Accountability cannot be prescribed, in respect of such utility model application referred to in Chapter 3, which has been the subject of international preparatory testing whether the submitted report to the patent office.

section 65. Patent and Trademark Office can, upon request, undertake to solve specific tasks that are related to utility models and utility model rights. The Minister for economic and business affairs lays down rules about the service company and on remuneration and on payment of the fee for reminder letters for late payment.

(2). For the tasks referred to in paragraph 1 1. paragraph, applies the law on open Government is not, with the exception of section 4 (2), after which they may require to be made aware of the personal relationship discussed in the documents.

§ 66. Will a utility model candidate or utility model gardens like loss of rights, because the latter has not complied with this Act or with a legal basis for the patent office in this period, but the question has expelled all the care that could reasonably be required of this, should the patent office upon request, restoring the rights. The petition must be filed with the patent office within two months after the obstacle, which caused the excess, period has lapsed, but not later than 1 year after the expiry of the term. Within the same time limits, that person must carry out the action and failure to pay the prescribed fee for the restoration.

(2). Paragraph 1 shall apply on the deadline for priority in section 11, paragraph 1, if a utility model candidate in a subsequent application claiming recovery of its priority within 2 months from the expiry of the time limit in section 11 (1) of that period.

section 67. Has the applicant about the continuation of an international utility model application, see. section 29, used shipping by post, and obtained the shipment is not filed in due time, but the measure is taken within 2 months after the applicant realized or should have realized that the time limit was exceeded, and not later than 1 year after the expiry of the patent office shall restore the rights, provided





1) post links have been disconnected within the last 10 days in advance of the deadline because of war, revolution, civil disorder, strike, natural disaster, or any other similar circumstance at the place where the sender has its business or staying, and the shipment is consigned to the patent authority within 5 days after that post relations is resumed, or

2) consignment has been dispatched registered to the patent office no later than 5 days before the deadline, however, only if the shipment has been sent as airmail, where this has been possible, or if the sender had reason to believe that the shipment by transport by regular mail would be received within 2 days from the day of dispatch.





(2). Would the utility model, the applicant rights restored in accordance with paragraph 1, it must be before the deadline referred to submit application to the patent office.

section 68. When an application for restoration under section section 66 or 67 are met and a utility model application as a result thereof are to be admitted to continue treatment or a lapsed utility model registration shall be deemed to be maintained, must be the subject of notice thereof.
(2). The person who, after the prescribed time limit for resumption of a terminated application has expired, or after the application has been refused, or after the utility model registration cancellation has been announced, but before notice in accordance with paragraph 1 are drawn up, in good faith has begun the commercial exploitation of the production in this country or has taken substantial measures therefor, can continue the exploitation with the maintenance of its common character.

(3). The right referred to in paragraph 2 may only be transferred to others together with the business in which it occurred, or in which the exploitation was intended.

section 69. The Minister for economic and Business Affairs determines the size etc. of the fees referred to in the law.

section 70. The Minister for economic and Business Affairs sets out after negotiation with the Defense Minister and the Minister of Justice rules for what in this Act is to be understood by war material.

§ 71. Assign the Minister for economic and business affairs of its powers under the law to the Patent and Trademark Office, the Minister may lay down rules on the appeals procedure, including that complaints cannot be challenged before the higher administrative authority.

section 72. With respect to acts concerning products put into circulation in another State which has ratified or acceded to the Agreement on the Community patent, the provisions of article 76 of the Community patent Convention shall apply.

section 73. The provisions of the Community patent Convention article 75, paragraphs 1 and 2, whether in whole or in part the cessation of a patent issued by the patent office in this country, shall apply mutatis mutandis to utility models.

Chapter 12

Date of entry into force and transitional provisions

§ 74. This law shall enter into force on the 1. January 2007. At the same time, are hereby repealed, without prejudice to article brugsmodelloven. lovbekendtgørelse nr. by 9 367. June 1998.

(2). With regard to sections 55, 56 and 58, enters these into force on 1 January. January 2006.

(3). The law shall apply to utility models, which are recorded, and applications filed after the entry into force of the Act. For utility model applications filed before the entry into force of the Act, the existing rules continue to apply.

(4). The rules on recovery, see. § § 66-68, and the rules on testing under section 50 shall also apply to applications filed before the entry into force of the Act and records.

§ 75. The law does not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.




Act No. 538 of 8. June 2006 amending the judicial code and various other laws contain the following entry into force and transitional provisions:



§ 105

(1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2-22 and § 106.

Paragraph 2-22. (Transitional provisions omitted).




Act No. 1404 by 27. December 2008 amending the trademark law, criminal law, law on broadcasting, as well as various other laws contain the following entry into force and transitional provisions:



§ 9

(1). The law shall enter into force on the 1. January 2009.

Paragraphs 2 to 4. (Transitional provisions omitted).
Economic and business affairs, the 28. January 2009 Lene Espersen/Jesper Kongstad Official notes 1) Act contains provisions implementing parts of a European Parliament and Council Directive 2004/48/EC of 29 April 2004. April 2004 on the enforcement of intellectual property rights (Official Journal of the European Union 2004 nr. L 195, p. 15).

2) This consolidation Act contains comments on the date of entry into force and transitional provisions adopted in the Danish Folketing years 2005/2006 to 2008/2009. The below specified legislative changes as a result of Act No. 538 of 8. June 2006 amending the judicial code and various other laws as well as Act No. 1404 by 27. December 2008 amending the trademark law, criminal law, law on broadcasting, as well as various other laws do not apply to the Faroe Islands and Greenland but may by Royal Decree is implemented in these regions with the variances, as the special Faroese and Greenlandic conditions warrant.

3) section 54 in the above wording came into force on 1 January. January 2009, see. Act No. 1404 by 27. December 2008.

4) section 60, paragraph 2 of the above wording came into force on 1 January. January 2009, see. Act No. 1404 by 27. December 2008.

5) section 61 in the above wording came into force on 1 January. January 2007, see. Act No. 538 of 8. June 2006.

6 section 61a) entered into force on 1. January 2009 and was inserted by Act No. 1404 by 27. December 2008.