Answer ... The exclusive rights conferred by a patent mean that no one except the patent holder may exploit the invention without permission by:
- making, offering, putting on the market or using a product which is the subject matter of the patent, or importing or stocking the product for such purposes;
- using a process which is the subject matter of the patent, or offering the process for use in Denmark, if the party using or offering the process knows or if it is obvious in the circumstances that the process may not be used without the consent of the patent holder; or
- offering, putting on the market or using a product obtained by a process which is the subject matter of the patent, or importing or stocking the product for such purposes.
The exclusive rights also entail that no one except the patent holder may exploit the invention without permission by supplying or offering to supply anyone that is not entitled to exploit the invention with the means for working it in Denmark, if those means relate to an essential element of the invention and the person supplying or offering to supply the means knows, or if it is obvious in the circumstances, that they are suitable and intended for such use.
Answer ... The civil procedure for claims for patent infringement, patent invalidation and declaratory actions is regulated by the general procedural rules in the Danish Administration of Justice Act, together with certain provisions of the Danish Patents Act.
Proceedings for such claims are brought at the Maritime and Commercial High Court, which serves as the first-instance patent court in Denmark. Judgments of the Maritime and Commercial High Court can be appealed to either the High Court of Eastern or Western Denmark or, in extraordinary circumstances, the Supreme Court.
The fastest way to enforce a patent against a possible infringer is by submitting a request for a preliminary injunction. Preliminary injunctions are the patent holder’s primary remedy, as they constitute a swift and effective way of stopping infringing acts. A preliminary injunction must be followed up by main proceedings in order to confirm the lawfulness of the preliminary injunction, thereby making the injunction permanent.
In patent infringement cases, the patent holder may claim reasonable compensation for exploitation of the invention and damages for any further injury which the infringement has caused. The patent holder may also seek to have infringing products withdrawn from the market, removed definitively from the market, destroyed, surrendered to it or altered in a specified manner.
Answer ... Patents are enforceable for 20 years from the date of filing of the patent application. If priority is claimed, the patent term can be up to 21 years from the priority date. Maintenance of the patent is subject to the payment of annual fees.