3.15 Change of the enforcement court system
Lawsuits owing to patent or trademark infringements are lengthy and very costly to an enterprise. The set of rules on which such lawsuits are based is extremely complicated. Therefore, it is important that each case is handled by experts experienced in such lawsuits. This will ensure a more consistent handling of the case and, thus, greater predictability as to the outcome of the case. By consolidating the cases a qualified and faster handling of the individual case will be achieved.
Lif supports the recent amendments of the Danish Administration of Justice Act that were effected as part of the reform of the courts of law in Denmark. According to these amendments cases concerning patents, trademarks, etc. are now consolidated in the Commercial Court (previously the Maritime and Commercial Court). However, Lif is of the opinion that the Danish Ministry of Justice should take it a step further. Enforcement cases are still decided in local district courts, but should also be gathered in the Commercial Court to improve the quality of the legal procedure.
Lif believes:
- that enforcement cases concerning infringement of patents and trademarks should also be consolidated in the Commercial Court so that all infringement cases will be subject to highly qualified proceedings.
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