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Legislative Implementation of Flexibilities - Denmark

Title:Sections 1-4 of the Utility Model Act No. 130 of 26. February 1992, as amended by Act No. 972 of 17/12/1997
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

1.-(1) Any creation which is susceptible of industrial application or which provides a solution to a technical problem may on application, in accordance with this Act, be registered as a utility model.

(2) Any person who has created a utility model, or his successor in title, shall obtain an exclusive right to exploit the creation commercially upon registration.

2.-(1) Creations shall not be registered as utility models if relating to

(i) One of the items referred to in section 1, (2) to (4), in the Danish Patents Act,

(ii) plants or animals,

(iii) war materiel or

(iv) methods, cf. however section 47 of this Act.

(2) The Minister of Business and Industry shall lay down rules, after negotiation with the Minister of Defence and the Minister of Justice, concerning what is meant by war materiel for the purposes of this Act.

3.-(1) The creation shall be new in relation to the state of the art and shall differ distinctly therefrom.

(2) The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, lectures, exhibition, offer for sale, use, reproduction or in any other way. Additionally, the contents of patent applications or utility model applications filed with effect for Denmark before the said date of filing shall be regarded as comprised in the state of the art, if such applications are made available to the public. However, the requirement in subsection 1 hereof that the creation shall differ distinctly from the state of art shall not apply in relation to the contents of such applications.

(3) The provisions in section 2 (5) of the Patents Act relating to exceptions from the requirement that creations shall be new shall apply mutatis mutandis.

4.-(1) Section 3 (1) to (3) of the Patens Act relating to the contents of the exclusive right, section 4 relating to a prior right of exploitation and section 5 relating to the right of exploitation shall apply mutatis mutandis.

(2) Article 76 in the Community Patent Convention shall apply to any acts concerning products put on the market in another State which has ratified or acceded to the Agreement relating to Community Patents.

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