Law on the amendment of the law of law, law on court charges, design law, trade marks, trade law, marketing law and the law on the prohibition of protecting consumers ' interests

(Temporary decisions on prohibitions and injuns)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

Ministry of Justice

§ 1

In the rule of law, cf. Law Order no. 1008 of 24. In October 2012, the following changes are made :

1. I § 12, paragraph 1. 3, the following shall be inserted after "civil proceedings" : ' and temporary decisions on the prohibition or the opening of Chapter 40 `.

2. I Section 15 (3). 2, inserted before no. 1 as new number :

" 1) temporary decisions on prohibitions and injuns to the extent of the following Chapter 40 `.

No 1-4 becomes the second paragraph. 2-5.

3. I Section 15 (3). 2, no. 1 and 2, No, no. The words ' prohibitions ' shall be replaced by ' prohibition cases ' shall be replaced by ' provisional decisions concerning prohibition or injunction '.

4. section 16 (4). 6, ITREAS :

" Stop. 6. In the case of requests for a notification of prohibition and injunction in accordance with Chapter 40, the courts may decide that the right to be drawn by two experts, whose professional knowledge is deemed to be of importance to the case. Paragraph 5 shall apply mutatis muctis. `.

5. I Section 20 (2). 1, pasted as Act 2. :

" 1. Act. shall apply mutatis mutias to the treatment of requests for prohibitions or injunction in accordance with Chapter 40. ` ;

6. I Section 20 (2). 2, pasted as Act 2. :

" 1. Act. shall apply by analogy under the course of the court proceedings of non-persistent decisions on temporary decisions concerning the prohibition or the opening of the court or the Law of the Sø and HandelsCourt of 1. the agency shall be involved in the cooperation of experts. `

7. I § 132 and § 136, paragraph 1. 3, in section 15, paragraph 1 shall be amended. 2, no. 4 " to : section 15, paragraph 1. 2, no. FIVE. "

8. The following section 410 is inserted :

" Chapter 40

Non-Persistent Decisions of Prohibitions and Injuns in a Civil Case

§ 411. Upon request, the law may, in accordance with the rules laid down in this Chapter, be subject to a ban or injunction, that the private and local authorities of the State, the region and the municipality of their private legal proceedings should be temporarily suspended, omit or withhold. specific actions.

Paragraph 2. If the purpose of a request was requested in accordance with paragraph 1 is to obtain security for the satisfaction of a financial claim, the application must be lodged and shall be treated in accordance with the rules laid down in Chapter 56 on arrest.

Paragraph 3. If the purpose of a request was requested in accordance with paragraph 1 is proof of an infringement of intellectual property rights, etc., shall be requested to be submitted and shall be treated in accordance with the rules concerning proof of evidence in Chapter 57 (a).

Paragraph 4. With regard to aircraft, foreign vessels and shipwrecks belonging to foreign states, bans and injunctions may be applied only in accordance with the provisions of this Regulation in other legislation.

§ 412. The request for a ban or injunction shall be lodged with a court which has a competent authority in accordance with section 224 or § 225 (2). 1 and 2 competent jurisdiction in accordance with Chapter 22, to deal with such a case. § 225, paragraph 1. 3, and section 227 shall apply mutatis muth.

Paragraph 2. Where the dispute over the right to be protected by the prohibition or the tender is to be determined by arbitration or a foreign court, a request for a ban or injunction shall be submitted to a court which would have been factored and competent ; by paragraph 1.

§ 413. Prohibition or couplings may be communicated if the party requesting the prohibition or the tender, reimbursing or likely to do so ;

1) the party has the right to be protected by the ban or the tender,

2) that the behaviour of the counterpart necessitates the notification of a prohibition or injunction, and

3) that the party ' s right to obtain its court will be replayed if the party is referred to the judicial decision of the dispute.

§ 414. Prohibition or injunctions may not be communicated when it is estimated that the general rules for the punishment and replacement of the law and, where appropriate, any of the counterparty offer security, will provide the party with sufficient protection.

Paragraph 2. The court may refuse to grant a ban or injunction, if it wishes to inflict injury or inconvenience to the party, which appears in the interest of the party's interest in the notification of the ban or the tender.

§ 415. The court may decide that the party as a condition for the notification of prohibitions or injuns shall provide safety for the injury and disadvantage which may be inflited upon the counterparty by the prohibition or on the tender.

Paragraph 2. This court determines the nature and size of the security.

Paragraph 3. If the court has made a claim to security, be banned or injuncted only when the security required is lodged. The Parties shall notify the parties of the date of prohibition or the notification of the prohibition, provided that this date is not already provided for in a legal meeting, cf. § 162.

Paragraph 4. The Parties may, where the dispute has arisen, agree that the prohibition and the injunction may be granted without security. In cases between operators relating to the profession of the parties, such an agreement may also be concluded before the dispute aruted. The business is being placed on public business. The Court may, on request, exceptionally disregard an agreement as referred to in 2. pkton, where the eye of one party is particularly in favour of it.

§ 416. Request for a ban or injunction shall comply with the requirements of section 348. Section 349 shall apply mutatis muth.

§ 417. The request for a ban or injunction shall be treated in a court hearing where the proof of the evidence is carried out. The court may cut off a chain of evidence, which is incompatible with the promotion of the business. Section 344 shall apply mutatis mutis.

Paragraph 2. The court shall fix the time and place of the provisions of paragraph 1. 1 meeting and notify this party to the party which has requested the notification of the prohibition or on the tender.

Paragraph 3. The court shall inform the party of the time and place of the meeting as far as possible. Notify can be done by termination, cf.. paragraph 4 and 5. However, notification may be omitted if the court finds it inflammatable to hold the meeting without prior notification to the counterpart, or if it is assumed that the purpose of the ban or the tender is to be wasted if the counterpart is notified.

Paragraph 4. The Court may, with one of the following notice, add to the meeting the request for a ban or injunction, in so far as this is to be held in the jurisdiction of which the party is domiciled or habitat, or where the party is to be carried out ; business, or in an adjacent court of law. The meeting of the main office of the Sø and Handelscourt, the City of Copenhagen, the Court of Frederiksberg, the Court of Glostrup or the Court of Lyngby, may be attributed to the party, if this is linked to one of these legal redouses. In the indictment, the party can be met in person. The addition shall contain information about the alert and the effects of the absence of an absence.

Paragraph 5. Is the party in which the request for a ban or injunction courts against, a union, a company of el.lign. , the company of the association, the el.lign.s director or a business manager, or, where appropriate, a member of the Management Board shall be attributed to paragraph 1. 4 if they have their residence or residence in the court or adjacent jurisdiction or association, the company el.similar. has a home or business activity from one of these jurisdictions. Paragraph 4, 2. pkt; shall apply mutatis muctis.

§ 418. If the party requesting notification of the prohibition or the tender does not meet, the request for a ban or injunction shall be refused.

Paragraph 2. Where the party to which the request for a ban or injunction is directed against is not present, the request for a ban or injunction shall be granted if it is sufficiently justified in the case of the case manufacture and, incidentally, and, the party is legally forstated or the signature of the party has been omitted pursuant to section 417 (4). 3, 3. Act. The court may suspend the sitting if the court considers it desirable that the party should be present.

Paragraph 3. § 365 (4)) 4 and 5 shall apply mutatis mutis during the meeting.

§ 419. The court may postpone the case if

1) a legal situation where the determination of the case will affect the outcome of the case, in the course of treatment by a court or administrative authority ; or

2) there are other specific reasons.

§ 420. The third party may enter as a party during the examination of the request for a ban or injunction as regards the question of whether or not the prohibition or the tender will be contrary to the right of the person concerned. The entry shall be made by a declaration of this to the court.

Paragraph 2. Third party, which has a legal interest in the outcome of a case, may be included in the case in support of one of the parties. § 252 (2) 2-4, shall apply mutatis mutis.

§ 421. The court shall take a decision on the payment of the costs incurred in the decision to prohibit or injunction. Decision of the court shall be taken in accordance with the rules laid down in Chapter 30. If the case of the right alleged to be violated is already under a Danish court, the court may refer the decision to the court costs ruling in the pending case.

§ 422. The court shall, where appropriate, guide the non-representation of the legal position of the court.

Paragraph 2. The right may provide a person who satisfies the economic conditions of section 325, free process if the person concerned needs legal assistance.

Paragraph 3. The court shall guide it as the prohibition or the tender will be opposed to the effect of the decision, including the infringement of the prohibition or the tender to be liable to impunity, cf. § 430.

§ 423. If the court notifies or injuncts, the court may, at the request of the party, who have requested the notification of the ban or the tender, at the same time to take a decision to seize the goods in the case of certain grounds for the assumption that it is prohibited ; will be used for infringement of the prohibition or on the tender. If the court finds that the issue of seizure should be dealt with separately, the court may refer the matter to be separately dealt with in accordance with the rules laid down in Chapter 57 of the Regulation.

Paragraph 2. It shall be kept at the expense of the party at the expense of the court or by the court authorising this.

Paragraph 3. The court may debit the seizure of the party providing security for the safety referred to in paragraph 1. The costs referred to above. It may also be conditional upon the increase in safety to be increased by Article 415.

Paragraph 4. During the examination of a request for seizure, section 491 (4) shall be found. 3, section 494, paragraph. 2, section 495, paragraph. 2, section 497 and § 498 equivalent use.

§ 424. Assistance for the maintenance or execution of a notified prohibition or injunction shall be granted by the following rules in Chapter 57.

§ 425. If the case of the right that is alleged to be violated has not already been placed on a Danish or foreign court or initiated at the arbitral tribunal, the requested notification of a ban or injunction shall be required within two weeks of the decision to grant the notification of the notification, prohibitions or injuns shall be, at last, open or initiate such a case. If the case is subject to a Danish court, the case shall be placed on the court which has dealt with the request for a ban or injunction in 1. instance, or by Sø and Handelscourt, in accordance with section 225 (3). 2. § 225, paragraph 1. 3, section 226 and § 227 shall apply mutatis mutis.

Paragraph 2. Paragraph 1 shall apply by analogy where the prohibition or injunction is averted by the guarantee.

Paragraph 3. Paragrol 1 and 2 may be deviated from the parties ' agreement. An agreement of this kind may only be concluded once a final decision has been taken to declare a ban or an injunction.

§ 426. A ban or injunction shall be valid until it is repealed in accordance with paragraph 1. 2 or 3 or lapses in accordance with paragraph 1. 4.

Paragraph 2. A ban or injunction may be repealed in whole or in part if :

1) the conditions for the notification of the law of prohibition or of the injunction shall no longer be fulfilled ;

2) the party that has obtained the prohibition or the tender, undue, or the case, or

3) Case 425 is not assumed or initiated in a timely manner, shall be raised or rejected.

Paragraph 3. A ban or injunction in a case where the case of the right alleged to be violated shall be determined by a foreign court or by arbitration, when the judgment in the case of the right alleged to be infringing is final.

Paragraph 4. A prohibition or injunction in a case where the case of the right alleged to be violated shall be determined by a Danish court, if the prohibition or prohibition has not been withdrawn in accordance with paragraph 1. 2, in the case of the judgment on the right which is alleged to be violated and is not instigated prior to the expiry of the block exemption or a timely initiant, the fraction or otherwise has been determined in the judgment.

Paragraph 5. Request for the termination of a ban or injunction shall be submitted in writing to the court which has dealt with the request for a ban or injunction in 1. instance.

Paragraph 6. Before a ban or injunction is repealed, the court shall, as far as possible, give the party that has obtained the prohibition or the invitation to express an opinion.

§ 427. Prohibit and injunction of the court, including a waiver of prohibitions or injunction or an independent decision on the payment of the costs associated with the examination of the question, shall be taken by means of a decision which may be linked after the rules of Chapter 53. Dear does not effect the decision on prohibitions or injuns.

Paragraph 2. Decisions on the prohibition and injunction of the trade and trade, including a waiver of prohibitions or injuns or an independent decision on the payment of the costs incurred by the handling of the question, a decision may be taken by means of a decision which may be taken, hereto ear the East Landsret. Chapter 53 shall apply mutatis muctis. Dear does not effect the decision on the prohibition and inauritional effect.

§ 428. The person who has obtained a ban or injunction on the basis of a right which does not appear to exist shall pay the counterpart compensation for losses and compensation for tort. The same shall apply where the ban or the tender is withdrawn or withdrawn because of the following circumstances, provided that it is assumed that the time was not passed.

Paragraph 2. If the rightholder's right to pass on its own is a lesser degree, then the rightholder must pay the counterpart of compensation for the loss resulting from the prohibition or the tender to a large extent.

Paragraph 3. If the ban or supply is prohibited for other reasons, the rightholder shall pay the counterpart for losses and compensation for tort, if the rightholder should have failed to covet or inexcurate.

Paragraph 4. Requirements for paragraph 1. 1-3 may be claimed as a counterclaim under the case, if this already vertises in a Danish court or in self-employed lawsuits. Independent actions which may not be added until the prohibition or prohibition has been lifted or withdrawn, cf. Section 426 shall be placed within 3 months of termination or loss.

Paragraph 5. Paragrams 1 to 4 shall apply mutatis muctis when a ban or an injunction shall be averted when the security is applied, cf. § 414, paragraph. 1.

Paragraph 6. If a ban or injunction is discouraged, then the deposition may be attributed to the counterpart in compensation and compensation under paragraph 1. 1-3.

§ 429. Where the case of the right alleged to be violated is determined by a Danish court, the decision shall be taken on the manner in which the goods are to be seized, including goods seized by the phosphorus of the foal in accordance with Chapter 57. Such a provision may also be made in the case of termination of a ban or injunction pursuant to section 426 or in the case of a case in accordance with Article 430. In the case of the decision, it may be relaunched by the party to which the prohibition or the tender resides, shall be handed over to a rightholder or confiscated. In the case of confiscation, the confiscation may be used to cover claims made by the party to the prohibition or the tender to be used for the claim.

§ 430. The sentence which is intentionally contravening a ban or injunction may be sentenced to a penalty of fine or imprisonment for four months and is hereby sentenced to pay compensation. Case after 1. Act. be placed by the party which has obtained the prohibition or the tender.

Paragraph 2. Paragraph 1 shall apply mutatis mutias to the one who deliberately grants it, as a prohibition or an injunction, to support the prohibition or the prohibition on offer.

Paragraph 3. The issue of the imposition of penalties or compensation may be postponed until the case of the right which is alleged to be violated is determined. `

9. § 587 (5) 3, ITREAS :

" Stop. 3. The abolition of a arrest warrant cannot be prevented from stepping into operation by the use of loved ones. 1. Act. shall apply by analogs to the repeal of a prohibition or injunction. `

10. I § 587 (5) FOUR, TWO. pkt., in the words ' Chapter 57 of this Annex ` shall be replaced by : ' Chapter 40 prohibited or injunction '.

11. § 587 (5) 5, ITREAS :

" Stop. 5. Under the dear of a ban or injunction, section 417, paragraph. ONE, TWO. pkton, equivalent use. `

12. Chapter 57 ITREAS :

" Chapter 57

Assistance for the maintenance of bans and injuns

§ 641. Where a prohibition or injunction has been announced in accordance with Chapter 40, the phosphorus must, at the request of the ban or the tender (requestor), provide assistance to maintain the prohibition or the tender, including by preventing the prohibition of the prohibition, by : to ensure that the supply is complied with, or by destroying what has been carried out in violation of the prohibition or on the tender.

Paragraph 2. The feedingstuffs may be seized by a plumbing property where it is used or has been used in violation of the ban or on the supply, or where there are certain reasons to assume that it will be used for that purpose.

Paragraph 3. The lamp used shall be kept at the expense of the phosphorus or by the person to which the foal is authorised to do so.

Paragraph 4. The phosphorus can be seized by requisifying the safety of the records referred to in paragraph 1. 3 mentioned costs. It may also be conditional on the condition that a security laid down by the court pursuant to Article 415 shall be increased.

Paragraph 5. If the fogeal must be seized, the foal must inform the court which has notified the prohibition or the tender, whether the decision is taken.

§ 642. The request for assistance or seizure after section 641 shall be submitted to the foal in the creek where there are protective equipment, or to the foal by the city court which has notified the prohibition or the tender. The request shall be attached to the printout of the order of prohibition or injunction.

Paragraph 2. As regards the processing of the case, section 248, section 344, § 348, § 349, section 360, paragraph 3. 3, section 491, paragraph 1. ONE, ONE. pkt., and paragraph. 3, section 492 (2). Paragraph 1, section 493, paragraph 1. 1 and 2, section 494 (4). 1, 2 and 4, section 495 (4). ONE, ONE. pkt., and paragraph. 2 and 3, section 497-500, § 502, paragraph 1, no. The same applies to 2 and 3 and Article 506. In addition, during the examination of a request for assistance to ensure the maintenance of an injunction, the rules laid down in Chapter 48 shall apply mutatis mutilation.

§ 643. The foot of the foam shall take a decision on the payment of the costs incurred in the processing of the fogeal proceedings. The provisions of Chapter 30 shall apply mutatis mutis. If the case of the right that is alleged to be violated is already under a Danish court, the phosphorus must refer the decision to the court costs ruling in the pending case.

§ 644. Decisions taken by the rules laid down in Chapter 53 shall be linked to the decisions taken by the rules laid down by the rules. Dear doesn't have any special effects. "

13. I § 653 d ' § 647 (4) is replaced by '. 2 "to :" § 643 ".

§ 2

In the Law on Legal charges, cf. Law Order no. 936 of eight. September 2006, as amended, inter alia, in section 2 of Law No 1. 487 of 12. June 2009, section 3 of law no. 1266 of 16. In December 2009 and section 2 of the Law No 113 of 3. February 2012, and no later than Section 3 of Act 3. 325 of 11. In April 2012, the following changes are made :

1. I § 12, paragraph 1. 1, no. 9, the ' and prohibition ` shall be deleted ;

2. The heading for Section II ITREAS :

" Section II

Charges for temporary decisions on prohibitions and injunction and foged and auctioning shops '.

3. The heading for Chapter 3 ITREAS :

" Chapter 3

Temporary decisions on prohibitions or injuns and foghdience '.

4. I § 17, paragraph 1. 1, no. 3, and § 17 (a) (a) TWO, THREE. pkt., is replaced by "termination" to : "message".

5. I § 17, paragraph 1. 1, no. 3, and § 17 (a) (a) TWO, THREE. pkt., the following shall be inserted after ' prohibition ` shall mean ' or ' injuns `.

6. I § 17 (a) (a) 4, the following shall be inserted after ' Tax obligation shall lapse if ' : ' s department or `.

7. Two places. Section 18 (2). 1, the following shall be inserted after ' when the first time is against ' shall mean the legal department or '.

8. I § 19, 1. pkt., the ' fed or fed ` shall be replaced by ' the feeding or the foal ' s or the foal or the foal. `.

The Ministry of Acquiec and Growth

§ 3

In the design rule, cf. Law Order no. 102 of 24. In January 2012, the following changes are made :

1. § 43, paragraph. 1 ITREAS IS TO BE

Temporary decisions on prohibitions or injunction in accordance with the Community design Regulation shall be notified by the court or the Law of the Sø and HandelsCourt, cf. Chapter 40 of the law of the court of law. ` ;

2. I § 43, paragraph. 2 and 3, the words ' Prohibition ` shall be replaced by ' Prohibition ` means : 'temporary decisions on prohibitions or injunces' and 'shall be replaced' to : 'shall be notified'.

3. I § 43, paragraph. 3, the 'prohibition' shall be replaced by ' the temporary decision `.

4. I § 43, paragraph. 4, inserted after ' Chapter ` : ' 40 and `.

5. I § 43, paragraph. 5, the ' paragraph shall be amended 2 and 3 ' shall be replaced by the following : ONE-THREE.

§ 4

In the trade mark, cf. Law Order no. 109 of 24. In January 2012, the following changes are made :

1. I § 43 (b) (b) Paragraph 1, section 43 (c), 1, and § 43 d the words ' Prohibition ` shall be replaced by ' Prohibition ` means : 'temporary decisions on prohibitions or injunces' and 'shall be replaced' to : 'shall be notified'.

2. I § 43 (b) (b) 1, the ' phosphorous ` shall be replaced by ' the court ' or the right of trade and trade. ` ;

3. I § 43 (b) (b) 2, and § 43 c (3) (c) THREE, ONE. pkt., the following shall be inserted after "Cape." : "40 and".

4. I § 43 c (3) (c) THREE, TWO. pkt., "§ 645" to : "§ 641".

5. I § 43 d the 'prohibition' shall be replaced by the following : 'temporary decision'.

§ 5

In the marketing law, cf. Law Order no. 58 of 20. In January 2012, the following changes are made :

1. I § 29, paragraph. ONE, THREE. pkt., ` § 642, nr. 2, section 643, section 645 (8). 1-3, and § 651 "to :" § 413, nr. 2, section 414, section 430 and § 641 (4). 1-3 and 5, ", and section 648 (4). 2 "to :" § 422, paragraph. 3 ".

§ 6

Law no. 1257 of 20. In December 2000 on the prohibition of the protection of consumers ' interests, the following change is made

1. I Section 3, paragraph 3. 2, the ' phosphorus ` shall be replaced by ' the urban or Sø and Commercial Court ' shall ` be replaced by ' prohibition or injunction ' and ' 57 ` to be replaced by ' 40 `.

The entry into force, etc.

§ 7

Paragraph 1. The law shall enter into force on 1. July, 2013.

Paragraph 2. The law shall apply in respect of requests for the prohibition and injunction to be lodged in accordance with the law of the law.

§ 8

Paragraph 1. The law does not apply to the Faroe Islands and Greenland, cf. however, paragraph 1 2.

Paragraph 2. sections 3, 4 and 6 may be implemented by means of a royal device in force for the Faeroe Islands and Greenland, with the changes that the ferry and Greenlandic conditions are making.