CLASS 46
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THURSDAY, 18 DECEMBER 2008
New Danish legislation enforces higher penalties for counterfeiting
Tags: Anti-counterfeiting, criminal law, Denmark,
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New Danish legislation enforces higher penalties for counterfeiting
MARQUES Council member Hanne Weywardt who chairs the MARQUES Publication and Website Team, has prepared the following note on a most significant and welcome development in her native Denmark. She writes:
The Danish government yesterday adopted an important Bill setting out to strengthen the fight against violators of IP rights. This Bill -- which comes into force on 1 January 2009 -- is part of the Danish government's list of initiatives which have been set out specifically to strengthen efforts to prevent counterfeiting.
The Bill includes amendments to the Danish IP legislation to stiffen the general level of penalties and fines, also extending the legal basis of liability for violation of IP rights. The changes will make the penalties for infringement of trade mark, patent, design, utility model and design rights level with those for copyright infringement. The higher penalties will improve the Danish police authority’s ability to investigate and act in cases of violation of all IP rights, including counterfeiting.
The Bill also includes an important new rule which enables the Danish customs and tax authorities to alert holders of IP right directly if they discover possible infringements while performing their duties inside Danish territory or at Denmark's borders. So far, this right has only covered goods imported from non-EU countries when they cross Danish borders. The extended authority will help the owners of IP rights to discover possible infringements more easily, thereby facilitating the enforcement of their rights.
The Danish police already deal with infringements and counterfeits in various ways, including actively targeting street-sellers engaged in selling obvious counterfeits on the Danish streets by conducting numerous seizures of their products. A new ruling from the Copenhagen city court also shows that infringers now face high damages claims in Denmark. It is our hope that the new Bill will put even more focus on the ever growing problem of IP infringements, among not only the Danish authorities and the infringers but also in Danish society at large.
The Bill is available in Danish on the Danish Parliament’s website here.
Posted by: Blog Administrator @ 01.17The Danish government yesterday adopted an important Bill setting out to strengthen the fight against violators of IP rights. This Bill -- which comes into force on 1 January 2009 -- is part of the Danish government's list of initiatives which have been set out specifically to strengthen efforts to prevent counterfeiting.
The Bill includes amendments to the Danish IP legislation to stiffen the general level of penalties and fines, also extending the legal basis of liability for violation of IP rights. The changes will make the penalties for infringement of trade mark, patent, design, utility model and design rights level with those for copyright infringement. The higher penalties will improve the Danish police authority’s ability to investigate and act in cases of violation of all IP rights, including counterfeiting.
The Bill also includes an important new rule which enables the Danish customs and tax authorities to alert holders of IP right directly if they discover possible infringements while performing their duties inside Danish territory or at Denmark's borders. So far, this right has only covered goods imported from non-EU countries when they cross Danish borders. The extended authority will help the owners of IP rights to discover possible infringements more easily, thereby facilitating the enforcement of their rights.
The Danish police already deal with infringements and counterfeits in various ways, including actively targeting street-sellers engaged in selling obvious counterfeits on the Danish streets by conducting numerous seizures of their products. A new ruling from the Copenhagen city court also shows that infringers now face high damages claims in Denmark. It is our hope that the new Bill will put even more focus on the ever growing problem of IP infringements, among not only the Danish authorities and the infringers but also in Danish society at large.
The Bill is available in Danish on the Danish Parliament’s website here.
Tags: Anti-counterfeiting, criminal law, Denmark,
Sharing on Social Media? Use the link below...Perm-A-Link: https://www.marques.org/blogs/class46?XID=BHA828
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