Written by Attorney-at-law (H) Mikkel Kleis.
Since 1 June 2023, it has been possible for proprietors of European Unitary Patents to enforce their rights through the UPC. The advantage of enforcing patent rights through the UPC rather than through the national courts is, among other things, that it is easier to enforce the rights widely throughout Europe and thus achieve a significantly greater geographical effect of the enforcement.
The UPC system provides patent holders with a wide range of the same legal remedies as found in the Danish Patent Act, including the possibility of obtaining a prohibition against the infringements and payment of damages.
Another legal remedy is the possibility of preserving evidence at the premises of a presumed infringer, which can be used to establish the patent infringement and the scope of the infringement. The evidence can then be used as a basis for a subsequent case with claims for, for example, prohibition, and damages. Preserving of evidence is often an effective legal remedy, as the safeguarding can be conducted with the assistance of an IT expert and, if necessary, the police, without prior notification of the suspected infringer.
During the evidence preservation proceedings on Friday, pictures were taken, among other things, of the machines suspected of infringing patent rights, as well as mirroring of computers and copying of physical documents that were assumed to contain information about the suspected patent infringement. The case demonstrated that the UPC system is both flexible and working as intended.
The case was managed by partner and European Patent Attorney Lasse Rosenfeld Lauridsen, attorney Christoffer Lindhardt Larsen, and partner and attorney (H) Mikkel Kleis.
