The Danish Local Division | UPC
The UPC Danish Local Division will be competent to hear first instance cases within all technological fields.
The location of the Danish Local Division
The Danish Local Division will be located in Copenhagen and will use the facilities and courtrooms of the Danish Maritime and Commercial High Court.
When can an action be brought before the Danish Local Division?
An infringement action may be brought before the Danish Local Division if (i) an actual or threatened infringement of a patent has occurred or may occur in Denmark or (ii) the defendant has its residence or principal place of business in Denmark.
An "actual or threatened infringement" of a patent or supplementary protection certificate ("SPC") may occur when an infringing product is marketed or sold in Denmark or actions related to the selling of such a product are carried out in Denmark. If a patent (or SPC) is infringed, or threatened to be infringed, in multiple participating Member States, the proprietor is free to choose its preferred venue, i.e. at which local or regional division to instigate the proceedings. For more information on this topic, see Where should an action be brought?
Procedural language and composition of the panel of judges
The procedural language before the Danish Local Division is generally Danish or English. However, the parties may, subject to approval by the division, agree to use one of the other official EPO languages, i.e. French or German, as the procedural language.
The panel of judges in the Danish Local Division will, as a main rule, consist of three legally qualified judges, whereof one is a Danish national, and, if relevant, one is a technically qualified judge. See Organization of the UPC for details on the composition of the panel of judges.
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Der er nu, efter lang tids venten, udsigt til, at den fælles europæiske patentdomstol (Unified Patent Court, UPC), som Danmark havde...
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Der er nu, efter lang tids venten, udsigt til, at den fælles europæiske patentdomstol (Unified Patent Court, UPC), som Danmark havde...
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Do you have any questions on this topic? Don't hesitate to contact Partner Nicolai Lindgreen, Partner Nicolaj Bording, Attorney Emil Petri, Attorney Mathias Rønø Bove or Assistant Attorney Victor Fasmer Henum.
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