INTELLECTUAL PROPERTY RIGHTS IN DENMARK
First Renewal Term
Subsequent Renewal Term
The Danish Trademark Act, act no. 88 of January 29, 2019 (Trademark Act) – is the primary law governing trademark registration in Denmark.
For getting a trademark registered in Denmark, an application has to be filed with the Danish Patent and Trademark Office (DKPTO), which administers the entire trademark registration process.
It follows a 'first-to-use' system, which subjects to presenting the evidence of prior use of the mark in the country.
Denmark follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within two (02) months following its publication date in the official gazette.
In Denmark, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Denmark is a contracting party to the Paris Convention for the Protection of Industrial Property, the Patent Cooperation Treaty (PCT), and the European Patent Organization.
The Danish Patent Act, Consolidated Act No. 221 of 26th February, 2017 (Patent Act) - forms the legal basis for patent protection in Denmark.
For seeking patent protection in Denmark, an application has to be filed with the Danish Patent and Trademark Office.
The Danish Patents Act does not set out positive guidance on what constitutes patent-eligible subject matter. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In Denmark, no opposition against a patent application can be raised at the pre-grant stage.
Patents are enforceable for twenty (20) years from the date of filing of the patent application. The renewal fee has to be paid every year within six (06) months of the due date. Renewal fees paid later than on the due date will be increased by 20%.
The Danish Designs Act, 1970 - governs and deals with the mechanism of registration of industrial designs in Denmark.
For getting an industrial design registered in Denmark, an application has to be filed with the Danish Patent and Trademark Office, which administers the entire process of registration.
The types of industrial design applications that can be filed in Denmark include Non-Convention Application and Convention Application.
Opposition against an industrial design application cannot be raised in Denmark.
The total term of a industrial design registration in Denmark is twenty-five (25) years, provided it is renewed every five (05) years. The time frame for payment of the renewal fee before the due date is six (06) months.
The industrial design registration can be renewed at the earliest three (03) months before expiry and at the latest (on payment of additional fee) six (06) months after the expiry of each five-year period.
Denmark is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Consolidated Act on Copyright (Consolidate Act No. 1144 of October 23, 2014) - forms the legal basis for copyright protection in Denmark.
Copyright originates when the work is created, and the legal protection comes into force without any formal requirements having to be met. There is no public register in which copyright is registered.
The copyright in a work lasts for seventy (70) years after the year of the author’s death, or with joint works for seventy (70) years after the year of death of the last surviving author.
With cinematographic works, copyright lasts for seventy (70) years after the year of death of the last survivor of the principal director; the author of the script; the author of the dialogue; and the composer of music specifically created for use in the cinematographic work.
Copyright of a musical work with lyrics where both the lyrics and musical work have been created specifically for the work in question lasts until seventy (70) years have passed from the year of death of the longest-living of the author and the composer.
In case of anonymous or pseudonymous works, copyright lasts for seventy (70) years after the year in which the work was made public.