IP Law

The Danish Patent and Trademark Office is the authority responsible for developing Denmark's IP legislation and policy in relation to patents, utility models, trademarks and designs.
We are working with the aim to ensure an accessible and efficient system for protection of intellectual property rights in Denmark and internationally.

Law

Here is an overview of the Danish and International legislation on intellectual property rights, classified according to the type of rights, that is patent, utility model, trademark and design.

Choose a type of right

Patent

Laws

The Consolidate Patents Act

Consolidate Act No. 90 of January 29, 2019

The Unified Patent Court etc. Act

Act No. 551 of June 2, 2014 (This act is not in force)

The Consolidate Secret Patents Act

Consolidate Act No. 107 of January 24, 2012

The Consolidate Act on Employees' Inventions

Consolidate Act. No. 104 of January 24, 2012

Orders

Order No. 1578 of December 14, 2016 on a Special Enforcement and Piracy Unit of the Danish Patent and Trademark Office

Order No. 146 of February 17, 2014, on Amendments to Order No. 25 of January 18, 2013, on Patents and Supplementary Protection Certificates

Order No. 2111 of November 24, 2021, on Patents and Supplementary Protection Certificates

Link to order no. 2111 of November 24, 2021, on Patents and Supplementary Protection Certificates

Order No. 728 of September 16, 1999, on the Extension of the Application Area for Or-der 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

Order No. 238 of March 30, 1994, on Amendments to the Rules on Exhaustion of the Pa-tent Law, Trademarks Law and Protection of Semiconductor Products (Topography) Law

Order No. 602 of August 26, 1988, on the Entry into Force of Chapter II of the Patent Cooperation Treaty in Denmark

Order No. 450 of September 16, 1983, concerning Patents for Inventions of Pharmaceuti-cal Products

Order No. 545 of October 25, 1978, on the Entry into Force of the Act Amending the Secret Patents Act

Order No. 22 of January 30, 1960, of the Ministry of Commerce on Secret Patents

Order No. 21 of January 30, 1960, on the Definition of War Material under the Act on Secret Patents

Orders on International Agreements

Order No. 6 of February 25, 2011, on the Amendment of November 29, 2000, to the European Patent Convention of 5 October 1973

Order No. 42 of November 13, 2008, on the Agreement on the Application of Article 65 of the European Patent Convention

Order No. 31 of March 15, 1990, on the European Patent Convention of October 5, 1973

Order No. 3 of January 16, 1979, on the Patent Cooperation Treaty (PCT) of 19 June 1970

Order No. 6 of February 25, 2011, on the Amendment of November 29, 2000, to the European Patent Convention of 5 October 1973

Decree No. 756 of June 19, 2017, on the entry into force of part of the act amending statutory provisions on access to documents etc. on the Territory of the Faroe Islands.

Decree No. 484 of April 21, 2015, on the entry into force of various acts on amendments to the Danish Patents Act on the Territory of the Faroe Islands.

Decree No. 48 of January 18, 2013, on the entry into force of the act on amendments to the Danish Patens Act and various other acts on the Territory of Greenland.

Decree No. 658 of June 11, 2010, on the entry into force of various acts on amendments to the Danish Patents Act on the Territory of Greenland.

Circular No. 10045 of September 16, 1985, on Patents for Chemicals Products Referred to as Intermediates

Circular No. 10047 of August 16, 1985, Information on viscosity of polymers

Circular No. 10048 of September 16, 1985, on Patent of addition

Trademarks

Law

The Consolidate Trade Marks Act (Consolidate Act No. 88 of January 29, 2019)

Orders

Order No. 1685 of December 18, 2018, on Application and Registration, etc. of Trade Marks

Order No. 1578 of December 14, 2016 on a Special Enforcement and Piracy Unit of the Danish Patent and Trademark Office

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

Orders on International Agreements

Order No. 13 of October 17, 2016, on the Revocation of Territorial Declaration on Application to the Faroe Islands of the Protocol of 27 June 1989 to the Madrid Agreement on the International Registration of Marks

Order No. 1 of January 10, 2011, on Denmark's withdrawal of the Territorial Declaration Concerning the Application in Greenland to the Protocol of June 27, 1989, Relating to the Madrid Agreement on the International Registration of Marks

Order No. 89 of September 12, 1996, on the Ratification of the Protocol of 27 June 1989 relating to the Madrid Arrangement on the International Registration of Marks

The Faroe Islands and Greenland (Not available in English)

Decree No. 756 of June 19, 2017, on the entry into force of part of the act amending statutory provisions on access to documents etc. on the Territory of the Faroe Islands.

Order No. 143 of February 25, 2016, on the entry into force of the Consolidate Trade Marks Act Part 8 on the Territory of the Faroe Islands.

Decree No. 483 of April 20, 2015, on the entry into force of various acts on amendments to the Consolidate Trade Marks Act on the Territory of the Faroe Islands.

Decree No. 48 of January 18, 2013, on the entry into force of the act on amendments to the Danish Patens Act and various other acts on the Territory of Greenland.

Order No. 1327 of December 3, 2010, on the entry into force of the Consolidate Trade Marks Act Part 8 and the Consolidate Designs Act Part 10 on the Territory of Greenland.

Decree No. 655 of June 11, 2010, on the entry into force of various acts on amendments to the Consolidate Trade Marks Act on the Territory of Greenland.

Order No. 331 of May 4, 1994, on the Entry into Force of the Trademarks and Collective Marks Acts on the Territory of the Faroe Islands.

Decree No. 856 of December 16, 1991, on the Entry into Force of the Trademarks and Collective Marks Acts on the Territory of Greenland.

Design

Law

The Consolidate Designs Act (Consolidate Act No. 89 of January 29, 2019)

Orders

Order No. 1578 of December 14, 2016 on a Special Enforcement and Piracy Unit of the Danish Patent and Trademark Office

Order No. 1099 of November 20, 2008, on Application and Registration of Designs

Order No. 1079 of November 17, 2008, on the Entry into Force of Part 10 of the Danish Designs Act

Orders on International Agreements

Order No. 14 of October 17, 2016, on the Withdrawal of the Territorial Declaration of Application to the Faroe Islands of the Geneva Agreement of July 2, 1999, under the Hague Arrangement on International Registration of Design

Order No. 2 of January, 10, 2011, relating to Denmark's withdrawal of Territorial Declaration Concerning the Application in Greenland of the Geneva Agreement of 2 July 1999 under the Hague Arrangement on International Registration of Design

Order No. 8 of February 9, 2009, on the Geneva Agreement of July 2, 1999, under the Hague Arrangement on International Registration of Industrial Design

Decree No. 756 of June 19, 2017, on the entry into force of part of the act amending statutory provisions on access to documents etc. on the Territory of the Faroe Islands.

Order No. 144 of February 25, 2016, on the entry into force of the Consolidate Designs Act Part 10 on the Territory of the Faroe Islands.

Decree No. 485 of April 21, 2015, on the entry into force of the Consolidate Designs Act on the Territory of the Faroe Islands.

Decree No. 48 of January 18, 2013, on the entry into force of the act on amendments to the Danish Patens Act and various other acts on the Territory of Greenland.

Order No. 1327 of December 3, 2010, on the entry into force of the Consolidate Trade Marks Act Part 8 and the Consolidate Designs Act Part 10 on the Territory of Greenland.

Decree No. 656 of June 11, 2010, on the entry into force of the Consolidate Designs Act on the Territory of Greenland.

Treaties and Regulations

The TRIPS Agreement

Agreement on Trade-Related Aspects of Intellectual Property Rights.

The purpose of the TRIPS Agreement is to harmonise the protection of intellectual property rights. The TRIPS Agreement contains minimum standards for each WTO member state's protection of intellectual property rights including copyrights and related rights, trademarks, geographical indications, industrial designs, patents, layout designs (topographies) and trade secrets.

 

The Paris Convention

Paris Convention for the Protection of Industrial Property of 1883.

The Paris Convention is a global agreement from 1883. The agreement establishes basic rules in regard to patents, utility models, designs, trademarks etc and including the principle of priority.

 

WIPO-Administered Treaties

World Intellectual Property Organization

 

WIPOLEX

Database of IP laws and regulations in the WIPO Member States.

The Patent Cooperation Treaty

The Patent Cooperation Treaty regulates an international cooperation in relation to the grant of patent rights. The international patent system is administered by the World Intel-lectual Property Organization (WIPO).

 

The European Patent Convention

The European Patent Convention (EPC) regulates a European cooperation in relation to the grant of patent rights. The European patent system is administered by the European Patent Organisation (EPO).

 

The Patent Law Treaty

The purpose of the Patent Law Treaty is to harmonize and simplify the formal patent ap-plication procedures.

 

The Madrid Protocol

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 1989.
The Madrid Protocol regulates an international cooperation in relation to registration of trademark rights. The international trademark system is administered by the World Intellectual Property Organization (WIPO).

 

The Community trademark

Counsel regulation (EC) No 207/2009 of 26 February 2009 on the Community trade-mark.

The regulation regulates the European Communities’ common system for trademark rights. The system is administered by the Office of Harmonization for the Internal Market (OHIM).

 

The Nice Agreement

Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks.

The Nice Agreement is an international convention on the classification of trademarks rights.

 

Trademark Law Treaty

Singapore Treaty on the Law of Trademarks.

The purpose of the treaty is to harmonize and simplify the formal application procedures for trademark rights.

 

The Geneva Act

The Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs of 1999.

The Geneva Act regulates an international cooperation in relation to registration of design rights. The International design system is administered by the World Intellectual Property Organization (WIPO).

 

Community designs

Counsel regulation (EC) No 6/2002 of 12 December 2001 on Community designs.

The regulation regulates the European Communities’ common system for design rights. The system is administered by the Office of Harmonization for the Internal Market (OHIM).

 

The Locarno Agreement

Locarno Agreement Establishing an International Classification for Industrial Designs.

The Locarno Agreement is an international agreement on the classification of design rights.