1. What are the most effective ways for a European patent holder whose rights cover your jurisdiction to enforce its rights in your jurisdiction?
In Denmark, a preliminary injunction is a fast and effective way of stopping infringing acts. Presently, proceedings to obtain a preliminary injunction can be initiated in the Bailiff’s Court; however, due to a change in the legislation in future, the Maritime and Commercial Court will also be entitled to hear preliminary injunction cases. A preliminary injunction will be issued if the patentee can prove that the requested injunction relates to acts covered by its patent and it is probable that infringement will take place. If a preliminary injunction is issued, the Bailiff’s Court can assist the patentee to enforce the injunction by, for example, seizing goods suspected of being used for infringing acts. However, once a preliminary injunction has been obtained, it must be followed up by main proceedings, usually before the Maritime and Commercial Court. The Maritime and Commercial Court may order a permanent injunction, as well as payment of damages.