The International Comparative Legal Guide to:

A practical cross-border insight into patents law

6th Edition

Patents 2016

ICLGPublished by Global Legal Group, in association with CDR, with contributions from:

AAA LawAdams & AdamsAEQUOAnderson Mori & TomotsuneArmengaud & GuerlainBeuchat, Barros & PfennigerBird & Bird LLPCabinet Enpora Intellectual PropertyCarroll, Burdick & McDonough LLPDaniel AdvogadosDELACOURFiebinger Polak Leon Attorneys-at-LawGorodissky & PartnersGriffith Hack LawyersGün + PartnersJackson, Etti & EduJMB DAVIS BEN-DAVIDKadasa & Partners

Kirkland & Ellis LLP LAW OFFICE POPOVIĆ, POPOVIĆ, SAMARDŽIJA & POPOVIĆOLIVARESPatentbureau Paul Rosenich IncPatrinos & KilimirisPerry + Currier Inc.Pham & AssociatesREIMANN OSTERRIETH KÖHLER HAFTRouse & Co. InternationalSpence PCSubramaniam & AssociatesSyCip Salazar Hernandez & GatmaitanSynch Advokat ABTilleke & GibbinsTIPLO Attorneys-at-LawWikborg ReinWhitney Moore Solicitors

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DisclaimerThis publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice.Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication.This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified professional when dealing with specific situations.

The International Comparative Legal Guide to: Patents 2016

Contributing Editor Katharine Stephens, Bird & Bird LLP

Head of Business DevelopmentDror Levy

Sales DirectorFlorjan Osmani

Commercial DirectorAntony Dine

Account DirectorsOliver Smith, Rory Smith

Senior Account ManagerMaria Lopez

Sales Support ManagerToni Hayward

Sub Editor Amy Hirst

Senior EditorSuzie Levy

Group Consulting EditorAlan Falach

Group PublisherRichard Firth

Published byGlobal Legal Group Ltd.59 Tanner StreetLondon SE1 3PL, UKTel: +44 20 7367 0720Fax: +44 20 7407 5255Email: info@glgroup.co.ukURL: www.glgroup.co.uk

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ISBN 978-1-910083-60-4ISSN 2044-3129

Strategic Partners

Country Question and Answer Chapters: 3 Australia Griffith Hack Lawyers: Wayne Condon 8

4 Austria Fiebinger Polak Leon Attorneys-at-Law: Karina Hellbert 16

5 Brazil Daniel Advogados: Rana Gosain & Rafael Cordoville Freire 22

6 Canada Perry + Currier Inc.: Stephen Perry & Peter Bormann 29

7 Chile Beuchat, Barros & Pfenniger: Andrés Melossi 35

8 China Carroll, Burdick & McDonough LLP: Dr. Paolo Beconcini & Kelly Liu 40

9 Denmark DELACOUR: Morten Bruus 46

10 France Armengaud & Guerlain: Catherine Mateu 52

11 Germany REIMANN OSTERRIETH KÖHLER HAFT: Klaus Haft & Tobias J. Hessel 58

12 Greece Patrinos & Kilimiris: Constantinos Kilimiris & Tassos Kilimiris 64

13 India Subramaniam & Associates: Hari Subramaniam 69

14 Ireland Whitney Moore Solicitors: Aoife Murphy & Robin Hayes 76

15 Israel JMB DAVIS BEN-DAVID: Jeremy Ben-David & Aaron S. Lewin 82

16 Japan Anderson Mori & Tomotsune: Yasufumi Shiroyama & Makoto Ono 86

17 Liechtenstein Patentbureau Paul Rosenich Inc: Dr. Joachim Frommhold & Paul Rosenich 92

18 Lithuania AAA Law: Greta Obadauskaite & Otilija Klimaitiene 99

19 Mexico OLIVARES: Alejandro Luna & Cesar Ramos, Jr. 105

20 Nigeria Jackson, Etti & Edu: Uwa Ohiku & Toyosi Odunmbaku 113

21 Norway Wikborg Rein: Ingvild Hanssen-Bauer & Lars Erik Steinkjer 118

22 Philippines SyCip Salazar Hernandez & Gatmaitan: Enrique T. Manuel & Vida M. Panganiban-Alindogan 124

23 Romania Cabinet Enpora Intellectual Property: Nicoleta Tarchila & Pop Calin Radu 130

24 Russia Gorodissky & Partners: Nikolay Bogdanov & Olga Yashina 135

25 Saudi Arabia Kadasa & Partners (in association with Rouse & Co. International): Sara Holder & Mohammad Jomoa 141

26 Serbia LAW OFFICE POPOVIĆ, POPOVIĆ, SAMARDŽIJA & POPOVIĆ: Lidija B. Djeric 147

27 South Africa Adams & Adams: Russell Bagnall & Alexis Apostolidis 152

28 Sweden Synch Advokat AB: David Leffler & Elisabeth Sundberg 160

29 Taiwan TIPLO Attorneys-at-Law: J. K. Lin & H. G. Chen 165

30 Thailand Tilleke & Gibbins: Nandana Indananda & Siraprapha Rungpry 172

31 Turkey Gün + Partners: Selin Sinem Erciyas & Filiz Toprak Esin 178

32 Ukraine AEQUO: Oleksandr Mamunya & Nataliya Dryuk 185

33 UAE Rouse & Co. International: Sara Holder 191

34 United Kingdom Bird & Bird LLP: Neil Jenkins & Audrey Horton 196

35 USA Kirkland & Ellis LLP / Spence PC: Eugene Goryunov & William Cory Spence 204

36 Vietnam Pham & Associates: Pham Vu Khanh Toan 210

General Chapters: 1 The Trade Secrets Directive – Harmonisation of Trade Secrets Law in the EU is on the Way –

Robert Williams & Warren Wayne, Bird & Bird LLP 1

2 Gulf Co-operation Council Countries – Patent Landscape – Sara Holder & Mohammad Jomoa, Rouse & Co. International/Kadasa & Partners 5

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1 Patent Enforcement

1.1 How and before what tribunals can a patent be enforced against an infringer?

The general Danish procedural rules in the Danish Administration of Justice Act together with certain provisions in the Danish Patents Act regulate the civil procedure for claims for patent infringements, invalidation and declaratory actions.Proceedings for such claims are instigated at the Maritime and Commercial High Court being the exclusive 1st instance for patent court cases in Denmark. The Maritime and Commercial High Court’s verdicts can be appealed to either the High Courts of Eastern or Western Denmark or the Supreme Court of Denmark.

1.2 What are the pre-trial procedural stages and how long does it generally take for proceedings to reach trial from commencement?

Court proceedings are instigated by the plaintiff by submitting a writ of summons to the court. The court gives the defendant a certain time period, normally four weeks, to submit a statement of defence. Subsequently, the parties participate in a preparatory court meeting (often via telephone) with the court to plan the further process leading up to the trial.In patent cases, experts appointed by the court normally provide statements regarding the validity or infringement questions at hand.Subsequent to such expert statements, the parties may, and normally do, exchange further pleadings to the court.Depending on the complexity of the case, the oral hearing usually takes place 18 – 36 months from filing the writ of summons.

1.3 Can a defence of patent invalidity be raised and if so how?

Yes, a claim for invalidity may be – and often is – raised as a defence in patent infringement cases.

1.4 How is the case on each side set out pre-trial? Is any technical evidence produced and if so how?

In Danish patent cases, the general principle of free evaluation of evidence applies.The pre-trial part is mainly carried out in writing.

It is the plaintiff who shall provide the evidence for the claims (it may regard patent infringements and/or patent invalidity) set forth. If evidence for the claims is likely to be destroyed, a procedure securing such evidence or parts thereof can be applied upon request from a party.Technical evidence may be produced by submitting technical literature, etc., but the actual technical evidence is produced by way of statements from court appointed experts.

1.5 How are arguments and evidence presented at the trial? Can a party change its pleaded arguments before and/or at trial?

The trial as such is oral.At the trial, the case is first presented (typically in the form of a presentation of the written pleadings and exhibits) by the plaintiff’s attorney, which may be supplemented by the defendant’s attorney. Subsequently, the parties, witnesses and the court appointed experts are questioned by the attorneys. Lastly, the parties’ attorneys present their legal argumentation.Until the date of the trial (or typically four weeks before such date), the parties may change pleaded arguments. The possibility to change pleaded arguments at the trial is quite limited. The more specific rules for changing pleaded arguments are stipulated in the Administration of Justice Act.

1.6 How long does the trial generally last and how long is it before a judgment is made available?

The duration of the trial depends on the complexity and size of the case.Normally, a trial lasts two to four days at the Maritime and Commercial High Court.The Administration of Justice Act stipulates that judgment by the Maritime and Commercial High Court shall be rendered within two months from the conclusion of the trial.If a case is appealed, such appeal case typically takes 24 to 48 months.

1.7 Aretherespecialistjudgesorhearingofficersandifso do they have a technical background?

Yes, as a main rule, two technical judges and one legally trained judge (the president) participate in court cases at the Maritime and Commercial High Court.

DELACOUR Morten Bruus

Denmark

Chapter 9

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1.12 Does the scope of protection of a patent claim extend to non-literal equivalents?

Yes, according to section 39 of the Danish Patents Act:“The extent of the protection conferred by a patent shall be determined by the claims. For the interpretation of the claims, the description may serve as a guideline.”In recent case law from the Danish Supreme Court of Denmark, the principal of non-literal equivalents has been confirmed.

1.13 Other than lack of novelty and inventive step, what are the grounds for invalidity of a patent?

The additional grounds for invalidity are:a) The alleged invention does not meet the general requirements

of patentability.b) The description of the alleged invention is not adequately

clear to enable a person skilled in the art to use the invention with the guidance thereof.

c) The alleged invention contains subject matter not included in the application filed.

d) The scope of protection of the alleged invention has been extended after the patent has been granted.

1.14 Are infringement proceedings stayed pending resolution of validity in another court or the Patent Office?

According to section 53 (a) of the Patents Act, court proceedings for revocation instigated before the examination of an administrative opposition is concluded may be suspended by the court, until a final decision is made with respect to the administrative opposition.The Danish court may also stay infringement proceedings, if a decision on validity by a foreign court is pending in a case regarding the same or a similar patent-in-suit.

1.15 What other grounds of defence can be raised in addition to non-infringement or invalidity?

Under the Patents Act, the following main additional defences may be raised:a) Exhaustion of rights.b) Prior use.c) Compulsory licences.d) Experimental use.Defences a) to d) are rarely invoked in Danish court proceedings.

1.16 Are(i)preliminaryand(ii)finalinjunctionsavailableand if so on what basis in each case?

Preliminary injunctionsA Preliminary injunction can be granted by virtue of the provisions of chapter 40 of the Administration of Justice Act. A Preliminary injunction can be obtained prior to or during main proceedings.The three fundamental requirements for the grant of a preliminary injunction are that the patentee proves or renders probable:a) that the patentee has a valid patent and that the patent is being

infringed;b) that the adversary’s behaviour makes it necessary to grant a

preliminary injunction; and

Further to this, statements by court appointed experts are part of the evidence part of the case.No technical judges participate in an appeal case before the Supreme Court of Denmark.

1.8 What interest must a party have to bring (i) infringement (ii) revocation and (iii) declaratory proceedings?

Proceedings for infringement may be instigated by the patentee or, under certain conditions, a licensee.Through administrative proceedings before the Danish Patent and Trademark Office, a patent may be revoked within nine months of it being published. Any person can instigate opposition proceedings, as no particular interest is required.Proceedings for invalidation before the Maritime and Commercial High Court may be instigated by any person having a legal interest in such proceedings. This also applies to declaratory proceedings.

1.9 Can a party be compelled to provide disclosure of relevant documents or materials to its adversary and if so how?

In general, a party is not obligated to disclose documents or other materials to its adversary. However, if a party, upon request of its adversary, does not provide such documents or other materials, it shall be given evidential weight by the court.According the Administration of Justice Act, a party may, under certain circumstances, request the court to order a seizure of evidence or order its adversary (or a third party) to produce documents in their possession, provided it is likely that the documents in question are of relevance as evidence in the case.Also, according to the Administration of Justice Act a patentee may, under certain circumstances, request a pre-trial investigation at an alleged infringer’s premises in order to secure evidence of or relevant to the alleged infringement.

1.10 Can a party be liable for infringement as a secondary (as opposed to primary) infringer? Can a party infringe by supplying part of but not all of the infringing product or process?

Yes, a party can be liable as a secondary infringer, if such party supplies or offers to supply any person not entitled to practise the invention in question with such means for exploiting the invention in Denmark relating to one or more essential elements of the invention, provided the party offering or supplying the means knows – or if it is evident from the circumstances – that the means are suitable and intended for exploiting the invention in question.However, if the means provided are a generally available commercial product, a party offering or supplying the means will only be liable, if that party attempts to induce the receiver to commit an act of infringement.

1.11 Can a party be liable for infringement of a process patent by importing the product when the process is carried on outside the jurisdiction?

Yes, a party can be liable for infringement, if it is importing a product produced in another country by a process patented in Denmark – even though the process is not patented in that other country.

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1.21 Istherearightofappealfromafirstinstancejudgment and if so is it a right to contest all aspects of the judgment?

A judgment from 1st instance by the Maritime and Commercial High Court may be appealed to the High Courts of Eastern or Western Denmark or the Supreme Court of Denmark.All aspects of the judgment from 1st instance may be part of the appeal, e.g. questions or issues regarding matters of law and evidence.

1.22 Whatarethetypicalcostsofproceedingstofirstinstance judgment on (i) infringement and (ii) validity; how much of such costs are recoverable from the losing party?

The costs in infringement and invalidity cases vary greatly depending on the complexity and size of the case. Normally, the costs in a simple mechanical patent case are around EUR 100,000, whereas the costs in a complicated pharmaceutical patent case are EUR 300,000 to 600,000.As a fundamental rule, the losing party shall reimburse the winning party for its legal fees (and court fees). However, in Denmark the amount awarded for legal fees is a discretionary amount decided by the court. Such discretionary amount is substantially lower than the costs actually spent on legal fees by the winning party.

1.23 For countries within the European Union: What steps arebeingtakeninyourcountrytowardsratification,implementation and participation in the Unitary Patent Regulation (EU Regulation No. 1257/2012) and the AgreementonaUnifiedPatentCourt?Forcountriesoutside of the European Union: Are there any mutual recognition of judgments arrangements relating to patents, whether formal or informal, that apply in your country?

On 25 May 2014, a mandatory referendum was held in Denmark regarding ratification of the Unitary Patent Regulation (EU Regulation No. 1257/2012) and the Agreement on a Unified Patent Court. The result of the referendum was a clear “yes” to Denmark’s accession to the new European Patent reform comprising (i) a unitary EU patent, and (ii) a common European Patent Court.In June 2014, Denmark ratified the Unified Patent Court Agreement. It is expected that the new European Patent reform shall come into effect in Denmark within the next six months to one year.

2 Patent Amendment

2.1 Can a patent be amended ex parte after grant and if so how?

Amendments broadening the scope of the patent in question are not permitted.However, the patentee may request a limitation of the patent by submitting a request to this effect with the Danish Patent and Trademark Office.

c) that the patentee’s possibilities for enforcing the patent shall be lost, if the patentee has to await the court’s decision under ordinary court proceedings.

If the court grants a preliminary injunction, it is often granted on the condition that the patentee provides a security (often as a bank guarantee) to cover the estimated damages the alleged infringer would suffer, if the preliminary injunction was granted unrightfully.Final injunctionsUpon the patentee’s request, the court will order, as a remedy for direct and indirect infringements, a final injunction prohibiting the continuation or recurrence of infringement of the right afforded by the patent in question.

1.17 Onwhatbasisaredamagesoranaccountofprofitsestimated?

For intentional or negligent infringements, the infringer shall pay reasonable compensation for use of the invention, as well as damages for any other damage caused by the infringement(s).For non-intentional and non-negligent infringements, the infringer shall pay compensation for the use of the invention, if – and to the extent – it is considered reasonable.

1.18 What other form of relief can be obtained for patent infringement?

The court may order that the infringing products or means be altered, impounded, destroyed or be the subject to any other suitable action. Any costs related hereto shall be paid by the infringer.

1.19 Are declarations available and if so can they address (i) non-infringement and/or (ii) claim coverage over a technical standard or hypothetical activity?

Negative declaratory actions may be brought against a patentee to determine, whether the patent constitutes a hindrance for planned commercial activities. Any person carrying or intending to carry on such an activity may bring about such action in the event of uncertainty that may be prejudicial to him/her.Declaratory actions may be instigated by a patentee (or any other person authorised to exploit an invention) to establish, whether the patentee enjoys patent protection against other parties in the event of uncertainty that may be prejudicial to him/her.There is no case law on the question, if coverage of a technical standard can be adjudicated by the means of a declaratory action.

1.20 After what period is a claim for patent infringement time-barred?

The statute of limitation for compensation for damage due to patent infringements is five years as a starting point.However, according to section 60 (4) of the Patents Act claims for damages shall not be statute-barred earlier than one year after the time limit for the filing of oppositions against the patent has expired or after the Danish Patent and Trademark Office has decided to maintain the patent.

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2.2 Can a patent be amended in inter partes revocation proceedings?

In principle, a patent may be amended during invalidation proceedings before the court, if it so requested by the proprietor of the patent and provided only parts of the patent are invalid. This is rarely seen in practice.With reference to question 2.1, a request for limitation of a patent to the Danish Patent and Trademark Office cannot be approved, if there are invalidation proceedings pending before the courts or opposition proceedings before the Patent and Trademark Office.

2.3 Are there any constraints upon the amendments that may be made?

A patent may only be limited on the condition that, as amended:a) it refers to an invention, which is presented clearly enough

for a person skilled in the art to use it;b) it does not involve anything that does not appear on the patent

application as filed; andc) the scope of protection of the patent is in no way extended.

3 Licensing

3.1 Are there any laws which limit the terms upon which parties may agree a patent licence?

The Patents Act does not provide for such licence limitations. However, limitations are included in e.g. general contract and competition law.

3.2 Can a patent be the subject of a compulsory licence and if so how are the terms settled and how common is this type of licence?

According to section 45 (1) of the Patents Act, any person wishing to work a patented invention in Denmark may obtain a compulsory licence to do so, if the patented invention is not worked to a reasonable extent in Denmark, when three years have elapsed from the grant for the patent and four years have elapsed from the filing of the patent application, unless there are legitimate reasons for the patentee not to work the invention.Compulsory licences may also be granted because of e.g. dependent patents, plant variety rights and general public interest.According to section 60 of the Patents Act, the court of 1st instance shall decide whether a compulsory licence shall be granted and the extent to which the invention may be exploited. Further to this, the court shall decide the compensation and lay down any other terms of the compulsory licence. If the circumstances should change considerably at a later point in time, the court may, upon request from either party, cancel the licence or lay down new licence terms.Compulsory licences are rarely seen in Denmark.

4 Patent Term Extension

4.1 Can the term of a patent be extended and if so (i) on what grounds and (ii) for how long?

According to section 91 (1) of the Patents Act, the Minister of Business and Growth may lay down rules necessary for

the application in Denmark of the EC Regulations concerning the creation of supplementary protection certificates (Council Regulations (EEC) No. 469/2009 and (EEC) No. 1610/96). Hence, it follows from these Regulations implemented into Danish legislation that a pharmaceutical patent or plant protection patent may be extended by up to five years by filing an application to this effect.For an extension to be approved a) the product must be protected by the basic patent in force, b) a valid authorisation to place the product on the market must have been granted, and c) a prior extension for the same product has not been granted.

5 Patent Prosecution and Opposition

5.1 Are all types of subject matter patentable and if not what types are excluded?

According to section 1 (2) of the Patents Act, specifically the following subject matters or activities as such are not regarded as inventions:a) discoveries, scientific theories and mathematical methods;b) aesthetic creations;c) schemes, rules or methods for performing mental acts, playing

games or doing business or programmes for computers; andd) presentations of information.Further to this, according to sections 1 (3-6), 1 a (1-2) and 1 b (1-3) of the Patents Act the following subject matter categories are not considered to be patentable:a) methods for the treatment of the human or animal body by

surgery or therapy or diagnostic methods practised on the human or animal body;

b) particular plant or animal varieties;c) essentially biological processes for the production of plants

or animals;d) the human body, at the various stages of its formation and

development, and the simple discovery of one of its elements, including the sequences or partial sequence of a gene; and

e) inventions for which the commercial exploitation would be contrary to ordre public or morality.

5.2 IsthereadutytothePatentOfficetodiscloseprejudicial prior disclosures or documents? If so, what are the consequences of failure to comply with the duty?

No, there is no such duty.

5.3 MaythegrantofapatentbythePatentOfficebeopposed by a third party and if so when can this be done?

According to section 21 of the Patents Act, any person shall be entitled to file an opposition with the Danish Patent and Trademark Office against a granted patent. The opposition shall include the statement of grounds on which it is based and shall be received by the Patent and Trademark Office within nine months of the publication of the grant of the patent. A prescribed fee shall be paid for such opposition.

DELACOUR Denmark

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DELACOUR Denmark

5.4 Is there a right of appeal from a decision of the Patent Officeandifsotowhom?

The appeal of a final decision of the Danish Patent and Trademark Office regarding a patent application can be filed by the applicant with the Board of Appeal for Patents and Trademarks.A patentee may file an appeal with the Board of Appeal for Patents and Trademarks, when a patent has been revoked, or if the Patent and Trademark Office finds that the patent may be maintained in an amended (restricted) form following and opposition.An opponent may file an appeal with the Board of Appeal for Patents and Trademarks, when a patent is maintained or if the Patent and Trademark Office find that the patent may be maintained in an amended (restricted) form despite a duly filed opposition. If the opponent withdraws his/her appeal, the appeal may nevertheless be examined, when circumstances make it required.An appeal shall be filed with the Board of Appeal for Patents and Trademarks no later than two months after the date on which the Patent and Trademark Office notified the party concerned of the decision. The fee prescribed shall be paid within the same time limit, and failure to do so shall result in the appeal being rejected.

5.5 How are disputes over entitlement to priority and ownership of the invention resolved?

According to section 17 (1) of the Patents Act, the Danish Patent and Trademark Office may invite a person claiming that he/she instead of the applicant is entitled to the invention in question to bring the matter before the courts within a time limit, if the Patent and Trademark Office finds the question doubtful.If legal proceedings regarding the right to an invention, for which a patent is applied, have been instigated, the examination and other processing of the patent application may be suspended until a final decision has been made in the legal proceedings, cf. section 17 (2) of the Patents Act.Also, according to section 18 (1) of the Patents Act the Patent and Trademark Office shall transfer the application of a patent to a person requesting this and proving to the Patent and Trademark Office that he/she, and not the applicant, is entitled to the invention.According to section 18 (2) of the Patents Act, if a request for the transfer of a patent application has been made, the application shall not be shelved, refused or accepted until a final decision has been made in the request of the transfer.According to section 53 (1) of the Patents Act, the court shall transfer a granted patent to the person rightfully entitled to it, if the patent has been granted to a person not rightfully entitled to it.The person deprived of a patent shall, if he/she has exploited the invention commercially in good faith in Denmark or has made substantial preparations for such exploitation, be entitled to reasonable compensation and on reasonable terms to continue the exploitation already commenced or to implement the planned exploitation retaining its general character. The same rights shall, under same conditions, be enjoyed by holders of registered licences. These rights may only be transferred to others together with the business in which they are exploited (or in which exploitation was intended).

5.6 Is there a “grace period” in your country and if so how long is it?

According to section 2 (6) of the Patents Act, patents may be granted for inventions, even if the inventions are already available to the

public provided that the invention was made publically available within six months preceding the filing of the application and it was in consequence of:a) an evident abuse in relation to the applicant or his/her legal

predecessor; orb) the fact that the applicant or his legal predecessor has

displayed the invention at an official, or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions signed at Paris, 22 November 1928.

5.7 What is the term of a patent?

A patent granted may be maintained until 20 years have elapsed from the date of filing of the patent application.

6 Border Control Measures

6.1 Is there any mechanism for seizing or preventing the importation of infringing products and if so how quickly are such measures resolved?

According to Council Regulation (EC) No. 1383/2003 concerning customs, action against goods suspected of infringing certain intellectual property (replaced by Regulation No. 608/2013 of 12 June 2013), border measures are available in Denmark.Once customs authorities have seized goods in accordance with the Regulation, the authorities must contact the patentee regarding the matter.The patentee must bring the case before the courts within 10 days (to be extended by an additional 10 days, if so requested), if the parties are not able to agree on an amicable solution.In case the recipient of the presumed patent infringing goods does not react on the contact made by the patentee, the patentee may request that the goods seized are destroyed by the authorities. The patentee shall, however, then be responsible for any costs related to storage and possible claims for damages in case it turns out that the products in question do not infringe the patentee’s rights.

7 Antitrust Law and Inequitable Conduct

7.1 Can antitrust law be deployed to prevent relief for patent infringement being granted?

Presently, there is no case law in Denmark according to which competition law has prevented the relief for patent infringement from being granted.

7.2 What limitations are put on patent licensing due to antitrust law?

Important limitations on patent licensing exist because of both national and EU antitrust law (articles 101 and 102 of the TFEU).When considering which provisions in patent licence agreements are legal and illegal, special consideration should be taken to the Commission Regulation on the application of article 101 (3) of TFEU to categories of technology transfer agreements.

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DELACOUR Law Firm has offices in Copenhagen and Aarhus. We also have associated business partners in Tórshavn, Moscow and Kiev. We employ approximately 70 lawyers.

We assist in all legal areas, but as our main line of business we offer counselling in the field of commercial law for Danish and foreign companies, financial institutions, insurance companies, associations and foundations.

Our mission is to provide advice that is characterised by a high professional standard, due diligence and optimum client value based on the client’s specific needs.

DELACOUR is a member of ADVOC, a leading international network of independent law firms forging new connections in more than 60 countries worldwide.

Morten Bruus is a partner at DELACOUR Law Firm and is an experienced IP adviser and litigator. Morten Bruus’ practice has a strong focus on international clients particularly in the field of life sciences and other highly regulated and technology driven industries.

Morten BruusDELACOURLangebrogade 4DK-1411 CopenhagenDenmark

Tel: +45 33 458 552Email: mbr@delacour.dk URL: www.delacour.dk

DELACOUR Denmark

8 Current Developments

8.1 Whathavebeenthesignificantdevelopmentsinrelation to patents in the last year?

The most significant development in relation to patents in Denmark is the ratification of the Unified Patent Court Agreement in June 2014.

8.2 Arethereanysignificantdevelopmentsexpectedinthe next year?

The new European Patent reform is expected to come into force in Denmark within the next six months to a year.

8.3 Are there any general practice or enforcement trends that have become apparent in Denmark over the last year or so?

No general practice or enforcement trends have become apparent in Denmark over the last year.

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