ARTICLE
1 August 2023

Court Of Appeal Of Eastern Denmark: Legal Costs Must Be Paid Despite Appeal Of Preliminary Injunction In Patent Case

BB
Bech-Bruun

Contributor

Bech-Bruun is a leading full-service law firm in Denmark, serving a diverse clientele across Danish businesses, the public sector, and global corporations. With nearly 600 specialized employees, the firm provides expertise in all aspects of commercial law. Bech-Bruun prides itself on a high standard of service, deep specialization, and a collaborative approach, making it a trusted advisor to its clients.

The firm’s core values—quality, specialization, business insight, and teamwork—are fundamental to its operations. By understanding client goals and combining attention to detail with strategic foresight, Bech-Bruun effectively supports Danish clients on both domestic and international matters, while also advising foreign companies entering the Danish market. Bech-Bruun positions itself not just as a legal provider, but as a partner committed to guiding clients through complex legal landscapes in a dynamic global market.

An appeal lodged against the granting of a preliminary injunction within the period of enforcement of 14 days does not mean that the unsuccessful party may suspend payment of litigation costs to the opposing party.
Denmark Intellectual Property

An appeal lodged against the granting of a preliminary injunction within the period of enforcement of 14 days does not mean that the unsuccessful party may suspend payment of litigation costs to the opposing party. This has just been established by the Court of Appeal of Eastern Denmark.

It follows from section 427(2) of the Danish Administration of Justice Act (retsplejeloven) that decisions on preliminary injunctions and orders can be appealed to the Court of Appeal and that appeals will not carry suspensive effect in respect of the decision granting a preliminary injunction or an order.

The question that the Court of Appeal of Eastern Denmark had to decide was whether an appeal lodged within the period of enforcement period have - or can be granted - suspensive effect in respect of the decision as to litigation costs.

In the ruling, the Court of Appeal of Eastern Denmark states that a statutory basis does not exist for granting suspensive effect to preliminary injunctions and orders in respect of a decision regarding litigation costs.

This means that the party who has been awarded costs in first instance does not have to await the outcome of the appeal proceedings but is in any event entitled to payment of the awarded costs as soon as the period of enforcement has expired.

Bech-Bruun represented the patentee in the case.

Originally published 01 June 2023.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More