Denmark

The Consolidate Patents Act (Consolidate Act No. 90 of January 29, 2019)

Year of Version:

2019

Dates:

Entry into force: January 1, 1968

Adopted: December 20, 1967

Type of Text:

Main IP Laws

Subject Matter:

Patents (Inventions), Utility Models, Undisclosed Information (Trade Secrets), Plant Variety Protection, Enforcement of IP and Related Laws, Genetic Resources, IP Regulatory Body

Notes:

The Consolidate Patents Act (Consolidate Act No. 90 of January 29, 2019) takes into account amendments up to 'Act on Amendments to Trade Marks Act and Other Acts and on the Repeal of the Collective Marks Act (Act No. 1533 of December 18, 2018), which entered into force on January 29, 2019.

Section 3 of the said amending Act No. 1533 of December 18, 2018 added paragraph (2) to section 106 under Part D of this Consolidate Act, which reads:
'(2) The Patent and Trademark Office may tran ... [+]

Available Texts:

Danish

Bekendtgørelse af patentloven (LBK nr 90 af 29/01/2019)(Version with Automatic Translation Tool)

English

The Consolidate Patents Act (Consolidate Act No. 90 of January 29, 2019)(Version with Automatic Translation Tool)

Related Legislation:

Amends

(1 text)

• The Consolidate Act on Employees' Inventions (Consolidate Act. No. 104 of January 24, 2012)(DK171)

Implements

(5 texts)

• Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use(EU173)
• Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products(EU174)
• Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights(EU053)
• Directive No. 2004/27/EC of the European Parliament and of the Council of 31 March 2004 of 31 March 2004 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use(EU175)
• Council Regulation (EC) No. 2100/94 of 27 July 1994 on Community Plant Variety Rights, as amended by Council Regulation (EC) No. 2506/95 of 25 October 1995(EU166)

Supersedes

(12 texts)

• The Consolidate Patents Act (Consolidate Act No. 221 of February 26, 2017)(DK202)
• The Consolidate Patents Act (Consolidate Act No. 191 of March 1, 2016)(DK193)
• The Consolidate Patents Act (Consolidate Act No. 108 of January 24, 2012)(DK172)
• The Consolidate Patents Act (Consolidate Act No. 91 of January 28, 2009)(DK141)
• The Consolidate Patents Act (Consolidate Act No. 781 of August 30, 2001)(DK133)
• The Consolidate Patents Act (Consolidate Act No. 366 of June 9, 1998, as amended by Act No. 412 of May 31, 2000)(DK129)
• The Consolidated Patents Act (Consolidated Act No. 824 of September 13, 1996, as amended by Act No. 972 of December 17, 1997)(DK086)
• The Consolidate Patents Act (Consolidate Act No. 824 of September 13, 1996(DK080)
• The Consolidate Patents Act (Consolidate Act No. 587 of July 2, 1993)(DK078)
• The Consolidate Patents Act (Consolidate Act No. 733 of November 27, 1989)(DK069)
• The Consolidate Patents Act (Consolidate Act No. 110, March 11, 1986)(DK003)
• Patents Act (Act No. 479 of December 20, 1967)(DK077)

Is amended by

(11 texts)

• Act No. 1533 of December 18, 2018, on Amendments to Trade Marks Act and Other Acts and on the Repeal of the Collective Marks Act(DK208)
• Act No. 1548 of December 12, 2016, on Amendments to the Trademark Act and Other Acts(DK234)
• Act No. 309 of March 28, 2015, on Amendments to the Trade Marks Act, the Designs Act, the Patents Act and the Utility Models Act(DK197)
• Act No. 1370 of December 28, 2011, on Amendments to the Patents Act and Other Acts(DK170)
• Act No. 579 of June 1, 2010, on Amendments to the Financial Business Act, the Act on Mortgage, the Denmark National Bank Act and Various Other Acts(DK190)
• Act No. 900 of November 29, 1995, on Amendments to the Patents Act(DK105)
• Order No. 238 of March 30, 1994, on Amendments to the Rules on Exhaustion of the Patent Law, Trademarks Law and Protection of Semiconductor Products (Topography) Law(DK025)
• Act No. 1057 of December 23, 1992, on Amendments to the Patents Act (Ratification of the Agreement Relating to Community Patents, etc.)(DK232)
• Act No. 368 of June 7, 1989, on Amendments to the Patents Act (Ratification of the European Patent Convention)(DK068)
• Act No. 854 of December 23, 1987, on Amendments to the Patents Act, the Designs Act, the Trade Marks Act, and the Collective Marks Act(DK061)
• Act No. 153 of April 11, 1984, on Amendments to the Patents Act(DK065)

Is implemented by

(11 texts)

• Circular No. 9831 of September 30, 2019, on the Assignment of Certain Powers to the Danish Patent and Trademark Office(DK262)
• Order No. 1578 of December 14, 2016 on a Special Enforcement and Piracy Unit of the Danish Patent and Trademark Office(DK248)
• Order No. 25 of January 18, 2013, on Patents and Supplementary Protection Certificates(DK191)
• Order No. 12 of January 12, 2012, on the Remuneration of the Patent and Trademark Office for the Accomplishment of Tasks, Special Expeditions, Printing etc.(DK224)
• Order No. 126 of February 19, 2009, on Reference of Certain Rights to the Patent and Trademark Office(DK139)
• Order No. 892 of September 21, 2009, on the Board of Appeal for Patents and Trademarks(DK225)
• Order No. 728 of September 16, 1999, on the Extension of the Application Area for Order on Patents for Inventions of Medicinal Products and Order on Patents for Inventions of Food Products and Patents for Processes for the Manufacture of Food Products(DK126)
• Order No. 416 of May 27, 1992, on the Transfer of certain Authorities to the Danish Patent Office(DK023)
• Order No. 511 of August 23, 1988, Concerning Patents for Inventions of Foodstuffs and Patents for Processes for the Manufacture of Foodstuffs(DK067)
• Order No. 602 of August 26, 1988, on the Entry into Force of Chapter II of the Patent Cooperation Treaty in Denmark(DK024)
• Order No. 450 of September 16, 1983, concerning Patents for Inventions of Pharmaceutical Products(DK064)

Related Treaties:

• Paris Convention(March 20, 1883)
• Patent Cooperation Treaty(June 19, 1970)
• European Patent Convention(October 5, 1973)
• Agreement relating to Community Patents of 15 December 1989(December 15, 1989)
• Agreement on the European Economic Area(May 2, 1992)

WIPO Lex No.

DK212