EnforcementGrounds for a claim
What are the key causes of action?
Lack of novelty and lack of individual character.Procedures
What enforcement procedures are available?
It is possible to request an administrative cancellation or ask for an injunction by the Danish Courts, provided that the requirement for such proceedings is fulfilled, meaning that it must have some urgency.Remedies
What remedies are available?
If an administrative cancellation is requested and found admissible, the design registration will be cancelled; however, no damages will be paid.
If infringement actions are brought before a Danish court and they are successful, it may result in the court ordering the infringer to:
- cease unauthorised use of the design right;
- pay a penalty in the event that the order is not met;
- pay damages; or
- pay for the publication of information regarding the infringement.
What are the time frames for the resolution of enforcement actions for registered and unregistered rights?
For administrative cancellation, time frames for the resolution of enforcement are approximately five to six months.
For court proceedings, it is a minimum of six months, but most likely to be approximately one year.Recent cases
What key cases from the past 18 months should rights holders be aware of?