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Local UPC chamber to be set up in Denmark

On Friday, 21 February 2014, the Danish Government announced its plans to establish a local division of the UPC in Copenhagen if the Danish referendum on Denmark’s accession to the UPC should turn out positive.

The decision is the result of a political agreement with almost all Danish parties represented in parliament and is widely seen as a counter-move to address concerns voiced by parties in opposition to Denmark’s accession to the UPC. Danish UPC sceptics have expressed concerns in relation to Danish SMEs being forced to conduct proceedings in foreign jurisdictions – not just as plaintiffs, but – perhaps more importantly – as defendants (which, by far, would appear to the role in whi [...]

Danes forced to have have referendum on UPC

As readers of this blog may recall, the Danish government has for some time attempted to persuade a 5/6 majoirity of the Danish parliament to agree to cast the vote in favour of Danish accession to the UPC.

Two political parties represented in the Danish parliament have, however, remained staunch opponents of Denmark joining the UPC – the Danish People’s Party (right wing) and the Unity List (left wing).

Both made up of outspoken EU-sceptics, they have opposed Danish accession for somewhat different – and in some cases also differing – reasons and the Danish government appears both to have tried to address the concerns raised as well as to secure the necessary 5/6 majority through negotiatio [...]

Danish supreme court applies the doctrine of equivalents and acknowledges estoppel

In 1984 Albert Hedegaard submitted a national patent application to the Danish Patent Office concerning an air-assisted device for spraying crops with pesticides.

Hardi International A/S filed an opposition against the patent application with the Danish Patent Office. When finally granted in 1996, the patent had been substantially limited and the claims had been amended several times as a consequence of opposition proceedings at the Danish Patent Office as well as the Danish Board of Appeal.

After an administrative appeal of the decision to grant had been heard and the patent had been upheld, Hedegaard filed an infringement action against Hardi in 1999. Hardi in turn filed a counter-claim o [...]

Danish Supreme Court turns down Lundbeck in Escitalopram PI case

In Denmark, as in many other European countries, Escitalopram patent cases that have been conducted in recent years.

One of these cases in which an interlocutory injunction was granted by the bailiff’s court at Elsinore and subsequently upheld on appeal, was admitted to the Danish Supreme Court which granted leave of appeal and ended up overturning the interlocutory injunction.

In its ruling, the Supreme Court, inter alia, set a precedent on the application of the Danish equivalent to the provision in TRIPS article 34 which reverses the burden of proof in relation to alleged infringement of process patents concerning new products.

Pursuant to the Danish Administration of Justice Act, an i [...]

May 2014 date set for Danish referendum on UPC

The Danish government has now set a date for a referendum to decide on whether or not Denmark is to join the UPC. On 25 May 2014, in connection with elections for the European Parliament, the Danes will be asked to cast their vote on the UPC.

For a long time, the Danish government seems to have hoped that the far-right wing Danish Peoples Party (DPP) would give up its resistance to the UPC and thus provide the government with the necessary 5/6 parliamentary majority (as mentioned in previous posts), but this has not happened. The government could also have gotten its majority from the far-left wing party, the Unity List, but this party has maintained its staunch opposition to the UPC.

There [...]

Information cannot constitute a patentable, technical feature – a recent Danish decision on waste paper bags

In a recent decision by the Danish Maritime and Commercial Court, the issue was whether a technical feature may consist in information attached to an object if such information increases the usability of the object.

The case T-66-07, Svenco Papperssäcker AB v. Segezha Packaging A/S, Svenco had filed suit claiming infringement of its Danish patent DK 175 996D1 claiming that Segezha had infringed this patent by marketing wastepaper bags with an inside line marking the maximum content of the wastepaper bag.

Segezha, on the other hand, entered a plea of invalidity of the patent-in-suit.

Against this background, the parties requested that the court-appointed experts of its own – as is usual in D [...]

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