Law Amending The Code Of Civil Procedure, Law On Court Fees, Design Law, Trademark Law, Marketing And Law On Prohibition For The Protection Of Consumers ' Interests (Provisional Decisions On Bans And Orders)

Original Language Title: Lov om ændring af retsplejeloven, lov om retsafgifter, designloven, varemærkeloven, markedsføringsloven og lov om forbud til beskyttelse af forbrugernes interesser(Midlertidige afgørelser om forbud og påbud)

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Law amending the code of civil procedure, law on court fees, design law, trademark law, marketing and law on prohibition for the protection of consumers ' interests

(Provisional decisions on bans and orders)

WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:

The Danish Parliament has adopted and we know Our consent confirmed the following law:

The Ministry of Justice

§ 1

In the code of civil procedure, see. lovbekendtgørelse nr. 1008 of 24. October 2012, shall be amended as follows: 1. In article 12, paragraph 3, shall be inserted after ' civil matters ': ' and provisional decisions on prohibition or injunction after chapter 40 '.

2. In article 15, paragraph 2, shall be inserted before the No. 1 as new number: ' 1) provisional decisions on prohibition and injunction to the extent arising out of chapter 40, '.

Nr. 1-4 is then no. 2-5.3. In section 15, paragraph 2, no. 1 and 2, there will be no. 2 and 3, the words ' the prohibition proceedings ': ' provisional decisions concerning the prohibition or injunction '.

4. section 16, paragraph 6 is replaced by the following: ' (6). When processing requests for communication of prohibition and injunction after chapter 40 the Court may decide that the law must be upheld by 2 experts of the members whose expertise is deemed to be of importance to the matter. Paragraph 5 shall apply mutatis mutandis. '

5. In article 20, paragraph 1, the following is inserted as a 2. item:

' 1. the paragraph shall apply mutatis mutandis at the City Court's treatment of requests for communication of prohibition or injunction after chapter 40. '

6. In article 20, paragraph 2, the following is inserted as a 2. item:

' 1. the paragraph shall apply mutatis mutandis under national law treat appealed again on temporary decisions concerning the prohibition or injunction, which is settled by the District Court or the maritime and commercial court in 1. instance the involvement of experts. '

7. In section 132 and section 136, paragraph 3, the words ' section 15, paragraph 2, no. 4 ' to: ' section 15, paragraph 2, no. 5 '.

8. Under section 410 is inserted: ' Chapter 40 Provisional decisions on prohibition and injunction in a civil case section 411. On request, the Court may in accordance with the provisions of this chapter by a prohibition or injunction may provide that the private and representatives of the State, region and municipality in their capacity as parties in private legal matters to be carried out, temporarily refrain from or tolerate certain actions.

(2). If the purpose of a request in accordance with paragraph 1 is to achieve security for satisfaction of a pecuniary claim, request is submitted and processed according to the rules laid down in chapter 56 of the arrest.

(3). If the purpose of a request in accordance with paragraph 1 is to ensure proof of a violation of intellectual property rights, etc., must request is submitted and processed in accordance with the rules of evidence in Chapter 57 (a).

(4). With regard to aircraft, foreign State ships and ship cargoes belonging to foreign States, prohibitions and injunctions are used only according to the rules laid down to that effect in other legislation.

Section 412. Request for notice of prohibition or injunction shall be submitted to a court ratione materiae under section 224 or § 225, paragraphs 1 and 2, and territorial jurisdiction under Chapter 22 to deal with such a case. § 225, paragraph 3, and § 227 shall apply mutatis mutandis.

(2). If the dispute about the right to be protected by prohibition or injunction, shall be settled by arbitration or to a foreign court, submitted a request for the grant of a prohibition or injunction of a court that would have had unbiased and territorial jurisdiction in accordance with paragraph 1.

Section 413. Prohibition or injunction may be granted, if the party requesting the communication of prohibition or injunction, or unlikelihood, 1) proves that the party has the right to be protected by prohibition or injunction, 2) to the other party's behavior requires that there be communicated the prohibition or injunction, and 3) to the party's ability to achieve its right would be wasted if the party refers to await the legal decision.

section 414. Prohibition or injunction may not be granted when it is estimated that the Act on general rules of punishment and compensation and possibly one of the opposing party offered security provides the party sufficient protection.

(2). The Court may refuse to grant a prohibition or injunction, if it would cause the other party harm or disadvantage, it says in the apparently disproportionate to its interest in the communication of prohibition or injunction.

§ 415. The Court may decide that the party as a condition for the grant of a prohibition or injunction shall lodge a security for the damage and disadvantage that can be applied to the opposing party by prohibition or injunction.

(2). The Court determines the nature and amount of security.

(3). The Court has called for safety, prohibition or injunction shall be notified first when it demanded collateral has been provided. The Court gives the parties notified of the time of ban or påbuddets message, if this point has not already been disclosed in a court hearing, without prejudice. section 162.

(4). The parties may, after the dispute has arisen, agreement that the prohibitions and injunctions may be granted without collateral. In proceedings between operators on matters relating to the parties ' business, such an agreement may also be concluded before the dispute arose. With business shall be treated as public company. The Court may, on request, by way of exception, ignore any agreement as referred to in 2. point, if the interests of one party in particular grounds.

Section 416. Request for notice of prohibition or injunction shall comply with the requirements of section 348. § 349 shall apply mutatis mutandis.

§ 417. Request for notice of prohibition or injunction is dealt with in a court hearing, where the requisite evidence is taking place. The Court can sever a proof, which are incompatible with the interests of the store's promotion. § 344 shall apply mutatis mutandis.

(2). The Court shall fix the time and place of the meeting referred to in paragraph 1 and provide notice to the party who has requested notice of prohibition or injunction.

(3). The right as far as possible, shall inform the opposing party of the time and place of the meeting. Notification can be made by summons, without prejudice. paragraphs 4 and 5. Under orientation, it is not, however, if the Court considers that it is unobjectionable to hold the meeting without prior notice to the other party, or if it must be assumed that the purpose of the prohibition or injunction will be wasted if the counterparty is informed.

(4). The Court may, with a notice inviting the for this set, as the request for the grant of a prohibition or injunction is directed against, to the meeting, if held in the jurisdiction where the majority have domicile or residence, or from which the majority driver on business activity, or in an adjacent jurisdiction. The meeting will be held by the maritime and commercial court of Copenhagen City Court, the Court of first instance main tingsted, at Frederiksberg, Right in Glostrup or Court in Lyngby, a summons is issued, provided that this party can have such a connection with one of these jurisdictions. It can be imposed on the party summoning the meeting in person. Summoning shall include the notice is given and on the effects of a no-show.

(5). Is the party to whom the request for grant of a prohibition or injunction is directed against an association, a corporation, etc. , Association, company or similar's Director or Manager or, where appropriate, a member of the Board, a summons is issued pursuant to paragraph 4, if he or she is domiciled or resident in the jurisdiction or in an adjacent jurisdiction or the Association, company etc. Home has things in or operate on business activity from one of these jurisdictions. (4) 2. paragraph shall apply mutatis mutandis.

section 418. If the party who has requested notice of prohibition or injunction, not meetings, rejected the request for notice of prohibition or injunction.

(2). If the party to whom the request for notice of prohibition or injunction is directed against, is not present, the request for the grant of a prohibition or injunction granted, if it is adequately reasoned in the case file and, moreover, obtained and the party is legally promised or under the direction of the party is omitted pursuant to § 417, paragraph 3 3. the Court may postpone the meeting point, if the Court considers it desirable that the party should be present.

(3). § 365 (4) and (5) shall apply mutatis mutandis at the meeting.

Section 419. The Court may stay the proceedings if 1) a legal relationship, if the setting will have an impact on the outcome of the case, is pending in a court or an administrative authority or 2) there are other special reasons.

Section 420. Third parties may intervene as a party during the examination of the request for communication of prohibition or injunction, as regards the question whether the prohibition or injunction will run counter to the right of the person concerned. Entry shall be effected by a declaration to that effect to the Court.

(2). Third parties who have an interest in the outcome of a case, may intervene in the proceedings in support of one of the parties. § 252, paragraphs 2 to 4 shall apply mutatis mutandis.

§ 421. The Court shall decide on the payment of the costs associated with the decision on the prohibition or injunction. The Court's decision is taken in accordance with the rules laid down in Chapter 30. If the case of the right that is allegedly infringed, have already brought by a Danish court, can the Court henskyde decision to the decision on the costs of the proceedings.

Section 422. The right to the extent necessary, the supervisor, who did not meet with lawyer, about his legal situation.

(2). The Court may give a person meeting the economic conditions under section 325, free legal aid, if the person has a need for legal representation.

(3). The Court supervises the prohibition or injunction, which are directed against, on the effects of the decision, including the violation of the prohibition or injunction may result in criminal liability, see. Section 430.
section 423. If the Court shall notify prohibition or injunction, the Court may, at the request of the party who has requested notice of prohibition or injunction, while at the same time decide whether to seize rørligt goods, where there are specific reasons to presume that it will be used for violations of the prohibition or injunction. If the Court finds that the issue of seizure should be dealt with separately, the Court may refer the matter to the separate treatment by the Court according to the rules laid down in Chapter 57.

(2). It seized shall be kept at the expense of the party of the Court or of the Court shall authorise to do so.

(3). The Court may make the seizure of that party to provide security for the costs referred to in paragraph 2. Seizure can also be granted only on condition that a under section 415 provided safety is increased.

(4). During the processing of a request for seizure, see § 491, paragraph 3, section 494, paragraph 2, section 495, paragraph 2, § and § 497 498 mutatis mutandis.

section 424. Assistance to the maintenance or the implementation of a prohibition or injunction granted by bailiffs notified the Court according to the rules laid down in Chapter 57.

section 425. If the case of the right that is allegedly infringed, not already brought by a Danish or foreign court or initiated by an arbitral tribunal, the who requested notice of prohibition or injunction, within 2 weeks after the decision to grant prohibition or injunctive relief is finally, take or initiate such proceedings. If the case is brought before a Danish court, should the matter be brought before the Court which has dealt with the request for notice of prohibition or injunction in the 1. instance, or by the maritime and commercial court pursuant to section 225, paragraph 2. § 225, paragraph 3, article 226, § 227 shall apply mutatis mutandis.

(2). Paragraph 1 shall apply mutatis mutandis where a prohibition or injunction is foiled by collateral.

(3). Paragraphs 1 and 2 may be waived by the parties ' agreement. Such an agreement can only be concluded when a final decision has been taken to notify prohibition or injunction.

§ 426. A prohibition or injunction applies, until it is repealed in accordance with paragraph 2 or 3 or lapse in accordance with paragraph 4.

(2). A prohibition or injunction may be withdrawn in whole or in part, if 1) conditions regarding the Court's notice of prohibition or injunctive relief is no longer met, 2) the party who has obtained the prohibition or injunction, unduly delaying the case or 3) case under section 425 not brought or be initiated in a timely manner, be withdrawn or rejected.

(3). A prohibition or injunction in a case where the matter of the right that is allegedly infringed, must be governed by a foreign court or by arbitration, may also be lifted once the decision in the case of the right that is allegedly infringed, is final.

(4). A prohibition or injunction in a case where the matter of the right that is allegedly infringed, must be settled by a Danish court, lapse, if the prohibition or injunction not previously waived under paragraph 2 when there is a judgment in the case of the right that is allegedly infringed, and redress is not implemented before the appeal deadline or a timely launched appeals later waived or otherwise specified in the judgment.

(5). Request for waiver of the prohibition or injunction shall be submitted in writing to the Court which has dealt with the request for notice of prohibition or injunction in the 1. instance.

(6). Previously a prohibition or injunction is lifted, the Court must, as far as possible, give the party that has obtained the prohibition or injunction, the opportunity to comment.

section 427. The City Court's decisions on the prohibition and injunction, including a decision on the lifting of the prohibition or injunction or an independent decision regarding payment of the costs associated with the treatment of the issue, taken by order, which can be appealed in accordance with the rules laid down in Chapter 53. Dear haven't suspensory effect of the decision on the prohibition or injunction.

(2). The maritime and commercial court's decisions on the prohibition and injunction, including a decision on the lifting of the prohibition or injunction or an independent decision regarding payment of the costs associated with the treatment of the issue, taken by order, which can be appealed to the Eastern High Court. Chapter 53 shall apply mutatis mutandis. Dear haven't suspensory effect of the decision on Prohibitions and injunctions.

§ 428. Anyone who has obtained a prohibition or injunctive relief on the basis of a privilege, which turns out not to exist, must pay the opposing party to compensate for the losses and compensation for non-pecuniary damage. The same applies if the prohibition or requirement repealed or revoked due to subsequent circumstances, where it may be assumed that privilege failed.

(2). Displays the rightholder's right alone to pass to a lesser extent, the right holder must pay the other party compensation for the damage resulting from that prohibition or injunction has had to a large extent.

(3). Prohibition or injunction is illegal for other reasons, the right holder must pay the opposing party to compensate for the losses and compensation for moral damages, provided that the copyright holder should have failed to apply for prohibition or injunction.

(4). Requirements under paragraphs 1-3 can be asserted as counterclaims under proceedings, if this already is pending by a Danish court or under independent causes of action. Autonomous action, which can only be brought when the prohibition or injunction is lifted or dropped without prejudice. § 426, must be instituted within 3 months after termination or lapsed.

(5). Paragraphs 1 to 4 shall apply mutatis mutandis when a prohibition or injunction averted by collateral, see. section 414 (1).

(6). Repealed a prohibition or injunction under dear, may by decision in kæresagen attributed to the opposing party compensation and compensation in accordance with paragraphs 1-3.

section 429. If the case of the right that is allegedly infringed, be settled by a Danish court, taken there by decision determination on how treatment with seized goods, including rørligt goods seized by the enforcement court pursuant to Chapter 57. Such a provision may also be made upon termination of a prohibition or injunctive relief under section 426 or by the verdict of a pursuant to § 430 brought an action. In the decision it can be returned the seized party, as prohibition or injunction is directed against, shall be handed over to a rightsholder or confiscated. Happens the confiscation, can it confiscated upon request be used for coverage of claims due to the party which has obtained the prohibition or injunction.

Section 430. Whoever willfully violates a prohibition or injunction may be sentenced by fine or imprisonment up to 4 months and in connection therewith to pay compensation. Case after 1. paragraph be brought by the party which has obtained the prohibition or injunction.

(2). Paragraph 1 shall apply mutatis mutandis to the intentionally provides it, as a prohibition or injunction is directed against aid to violate the prohibition or injunction.

(3). The question of imposition of penalty or compensation can be deferred until the matter of the right that is allegedly infringed, is settled. '

9. section 587, paragraph 3 is replaced by the following: ' (3). The bailiff's Court's lifting of an arrest may not be prevented from entering into business by use of loved ones. 1. paragraph shall apply mutatis mutandis to the Court's lifting of a ban or injunctive relief. '

10. In section 587, (4), 2. paragraph, shall be replaced by ' Chapter 57 prohibition ': ' chapter 40 announced prohibition or injunction '.

11. section 587, paragraph 5 is replaced by the following: ' (5). Under dear of a ban or injunction, see § 417 (1), (2). paragraph, apply mutatis mutandis. '

12. Chapter 57 shall be replaced by the following: ' Chapter 57 assistance for the maintenance of the prohibition and injunction section 641. Is there a prohibition or injunction granted after chapter 40, providing enforcement service at the request of the who have achieved the prohibition or injunction (the applicant), assistance to the maintenance of the prohibition or injunction, including by preventing that the ban is violated, by ensuring that the order is complied with, or by destroying what has been carried out in breach of the prohibition or injunction.

(2). The enforcement court may seize goods, where it is used or rørligt has been used in violation of the prohibition or injunction, or where there are specific reasons to presume that it will be used for such purposes.

(3). It shall be kept at the applicant's expense seized by the Court or by the enforcement court shall authorise to do so.

(4). The Court may make the seizure of that claimant to provide security for the costs referred to in paragraph 3. Seizure may also be subject to a security, as the Court has laid down under section 415, be increased.

(5). Making enforcement seizure, the Court must inform the Court which granted the prohibition order, or the decision.

§ 642. A request for assistance, or seizure pursuant to section 641 shall be submitted to the Court in the place where there is jurisdiction under section 487, or to the Court by the District Court, which issued the prohibition or injunction. The request must be attached to the printout of the order of prohibition or injunction.

(2). With regard to proceedings, see § 248, paragraph 344, 348, 349, § § § 360, paragraph 3, article 491 (1) 1. clause, and paragraph 3, article 492, paragraph 1, section 493 (1) and (2), section 494, paragraphs 1, 2 and 4, § 495, paragraph 1 1. paragraphs, and paragraphs 2 and 3, 497-500, § § § 502 (1). 2 and 3, and § 506 mutatis mutandis. During the processing of a request for assistance, to ensure the maintenance of an injunction shall also apply mutatis mutandis the rules in Chapter 48.
section 643. The Court shall decide on the payment of the costs that have been associated with bailiff Court's treatment of the case. The rules laid down in Chapter 30 shall apply mutatis mutandis. If the case of the right that is allegedly infringed, have already brought by a Danish court, can the Court henskyde decision to the decision on the costs of the proceedings.

section 644. Bailiff of the court decisions taken by order, may be appealed in accordance with the rules laid down in Chapter 53. Dear haven't suspensory effect. '

13. In section d, the words ' section 647, 653 (2) ' is replaced by: ' section 643 '.

§ 2

The law on court fees, see. lovbekendtgørelse nr. 936 of 8. September 2006, as amended, inter alia, by section 2 of Act No. 487 of 12. June 2009, § 3 of law No. 1266 by 16. December 2009 and section 2 of Act No. 113 of 3. February 2012 and no later than by section 3 of Act No. 325 by 11. April 2012, shall be amended as follows: 1. In article 12, paragraph 1, no. 9, the words ' and ban '.

2. The heading of title II is replaced by the following: ' title II Duties for provisional decisions on Prohibitions and injunctions and court bailiff and auction businesses '.

3. The heading of Chapter 3 shall be replaced by the following: ' Chapter 3 Temporary decisions concerning the prohibition or injunction as well as bailiffs '.

4. In article 17, paragraph 1, no. 3, and section 17 (a) (2), (3). paragraph, the words ' winding down ' to: ' communication '.

5. In article 17, paragraph 1, no. 3, and section 17 (a) (2), (3). paragraph shall be added after ' ban ': ' or injunctions '.

6. In paragraph 17 (a), paragraph 4, shall be inserted after ' the tax lapse, if ': ' or ' legal department.

7. Two places in section 18, paragraph 1, shall be inserted after ' when first faced with ': ' or ' legal department.

8. In section 19, 1. paragraph, the words ' Court of seizures or enforcement service ' to: ' retsafdeling or enforcement or the legal department or the enforcement court '.

The Danish Ministry of business and growth

§ 3

In the design law, see. lovbekendtgørelse nr. 102 of 24. January 2012, shall be amended as follows: 1. section 43, paragraph 1, is replaced by the following:

» Temporary decisions concerning the prohibition or injunctive relief in accordance with the community design regulation issued by the District Court or the maritime and commercial court referred to in article 6. the code of Civil Procedure Act Chapter 40. '

2. In section 43 (2) and (3) shall be replaced by ' Prohibition ': ' Provisional decisions concerning the prohibition or injunction ', and ' closed down ' to: ' communicated '.

3. In article 43, paragraph 3, shall be replaced by ' prohibition ' to: ' the temporary decision '.

4. In article 43, paragraph 4, shall be inserted after ' chapter ', ' 40 and '.

5. In article 43, paragraph 5, shall be replaced by ' paragraphs 2 and 3 ': ' paragraph 1-3 '.

§ 4

In trademark law, see. lovbekendtgørelse nr. 109 of 24. January 2012, shall be amended as follows: 1. In section 43 (b), paragraph 1, article 43 (c), paragraph 1, and section 43 (d) shall be replaced by ' Prohibition ': ' Provisional decisions concerning the prohibition or injunction ', and ' closed down ' to: ' communicated '.

2. In section 43 (b) of paragraph 1, the words ' the Court ' to: ' the District Court or the maritime and commercial court '.

3. In section 43 (b) (2) and section 43 (c) (3) 1. paragraph shall be added after ' ch ', ' 40 and '.

4. In section 43 (c) (3), 2. paragraph, the words ' the ' to: ' § § 645 641 '.

5. In section 43 (d) shall be replaced by ' prohibition ' to: ' the temporary decision '.

§ 5

In marketing, see. lovbekendtgørelse nr. 58 of 20. January 2012, is amended as follows: 1. In article 29, paragraph 1, 3rd paragraph, the words ' § 642, nr. 2 section 643, 645, paragraphs. 1-§ 3 and § 651 ' to: ' section 413, nr. 2, section 414, 430 and § § 641, paragraphs 1 to 3 and 5, ', and ' section 648, paragraph 2 ' is replaced by: ' section 422, (3) '.

§ 6

In Act No. 1257 of 20. December 2000 concerning the prohibition for the protection of consumers ' interests is amended as follows: 1. In article 3, paragraph 2, the words ' the Court ' to: ' the District Court or the maritime and commercial court ', ' ban ' to: ' notify prohibition or injunction ' and ' 57 ' to: ' 40 '.

Entry into force, etc.

§ 7 paragraph 1. The law shall enter into force on the 1. July 2013.

(2). The law shall apply in relation to requests for communication of prohibition and injunction, submitted to the Court after the entry into force of the Act.

§ 8 paragraph 1. The law does not apply to the Faroe Islands and Greenland, without prejudice. However, paragraph 2.

(2). sections 3, 4 and 6 may by Royal Decree put into effect for the Faroe Islands and Greenland with the changes that the Faroese and Greenlandic conditions warrant.

Given at Marselisborg Castle, the 23. December 2012 Under Our Royal hand and Seal MARGRETHE r./Morten Bødskov