Consolidate Act No. 91 of 29 January 2019 
In case of any discrepancy between the original Danish text and the English translation 
of this Act, the Danish text shall prevail. 
The Consolidate Utility Models Act1) 
Publication of the Utility Models Act, cf. Consolidate Act No. 220 of 26 February 2017 including the amendments which follow from section 4 of Act No. 1533 of 18 December 
2) 2018. 
The amendments which follow from section 6 
of Act No. 551 of 2 June 2014 on a Unified Patent Court, etc. are not included in this Consolidate Act since the date of entry into force of those amendments shall be fixed by the Minister of Industry, Business and Financial Affairs, cf. section 3(1) of Act No. 551 of 2 June 2014. 
Part 1 
General provisions 
1.-(1) Any creation which is susceptible of industrial application and which provides a so lution 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 upon 
registration obtain an exclusive right to 
exploit it commercially. 2.-(1) Creations shall not be registered as 
utility models if they relate only to the 
following subject-matter: 
(i) discoveries, scientific theories and 
mathematical methods, 
(ii) aesthetic creations, (iii) schemes, rules or methods for performing 
mental acts, playing games or doing business 
or programs for computers or 
(iv)presentations of information. 
(2) Creations shall not be registered as 
utility models if they relate to (i)war material or 
(ii) methods. (3) Notwithstanding subsection 2(ii), it shall 
be possible to register a utility model for 
products for use in any such methods, including substances and compositions for use in methods for the treatment of the human or animal body by surgery or therapy or 
diagnostic methods practised on the human or 
animal body, or products obtained by a microbiological process or other technical processes. 
1) This Act contains provisions implementing parts of Directive 2004/48/EC of the European Parliament and of the 
Council of 29 April 2004 on the enforcement of intellectual property rights (EU Official Journal 2004 No. L 195, p. 15). 
The Ministry of Industry, Business and Financial Affairs        
The Patent and Trademark Office, File No. 19/00137 2 
(4) Utility models shall not be granted in 
respect of plant or animal varieties. If the 
technical feasibility of the creation is not confined to a particular plant or animal variety, a utility model may, however, be registered even if the subject-matter of the creation is plants or animals. In this Act a “plant variety” means a plant variety as 
defined in Article 5 of the Council Regulation on Community plant variety rights. 
(5) Creations may be registrable even if they 
relate to a product consisting of or containing 
biological material. Biological material which 
is isolated from its natural environment or 
produced by means of a technical process may be the subject-matter of a creation even if it previously occurred in nature. In this Act “biological material” means any material 
containing genetic information and capable of reproducing itself or being reproduced in a biological system. 
3.-(1) The human body, at the various stages 
of its formation and development, and the 
simple discovery of one of its elements, 
including the sequence or partial sequence of 
a gene, cannot constitute registrable creations. 
(2) Notwithstanding subsection 1, an element 
isolated from the human body or otherwise 
produced by means of a technical process, including the sequence or partial sequence of a gene, may constitute a registrable creation, even if the structure of that element is identical to that of a natural element. 
4.-(1) Creations the commercial exploitation 
of which would be contrary to ordre public or 
morality shall not be registered as utility 
models. 
(2) An exploitation shall not be deemed to be 
contrary to ordre public or morality merely 
because the exploitation is prohibited by law 
or administrative regulation. (3) Pursuant to subsection 1 utility model 
protection may inter alia not be granted in 
respect of use of human embryos for industrial or commercial purposes. 
5.-(1) To be registrable a creation shall be 
new in relation to the state of the art at the date of filing of the application, and it shall differ distinctly therefrom. 
(2) The state of the art shall be held to com -
prise everything made available to the public 
by means of a written or oral description, exhibitions, offers for sale, use, reproduction 
or in any other way. The contents of patent 
applications or utility model applications filed with effect for Denmark before the date of filing of the utility model application shall also be regarded as comprised in the state of the art if such applications are made available to the public in accordance with the rules of section 22 of the Patents Act and section 24 of this Act. The requirement in subsection 1 to the effect that the creation shall differ distinctly from the state of the art shall, however, not apply in relation to the contents 
of such applications. 
(3) Utility models registration may, however, 
be obtained for creations made available to 
the public if that occurred within the 6 months preceding the filing of the application, and it was in consequence of 
(i) an evident abuse in relation to the 
applicant or his legal predecessor, or (ii) the fact that the applicant or his legal 
predecessor has displayed the creation at an 
official, or officially recognised, international exhibition falling within the terms of the 
Convention on International Exhibitions, 
signed at Paris on 22 November 1928. 
6.-(1) The exclusive right conferred by a 
utility model registration shall imply that no one except the proprietor of the utility model may without permission from the proprietor 3 
of the utility model exploit the creation by 
making, offering, putting on the market or using the product which is the subject-matter of the utility model protection, or by importing or stocking the product for such purposes. 
(2) The exclusive right shall also imply that 
no one except the proprietor of the utility 
model may without permission from the proprietor of the utility model exploit the creation by supplying or offering to supply any person who is not entitled to exploit the creation with means for working the creation 
in this country if these means relate to an 
essential element of the creation and the person supplying or offering to supply the means knows, or it is obvious in the circumstances, that they are suitable and intended for such use. This provision shall, however, not apply if the means are staple commercial products, except when the person supplying or offering to supply the means induces the person supplied to commit the acts referred to in subsection 1. For the purpose of the provisions of the 1st and 2nd 
sentences persons performing the acts referred 
to in subsection 3(i), (iii) or (iv) shall not be 
considered entitled to exploit the creation. 
(3)The exclusive right shall not extend to 
(i)acts done for non-commercial purposes, 
(ii) acts concerning products put on the 
market in this country or in another country 
within the European Economic Area (EEA) by the proprietor of the utility model or with his consent, 
(iii) acts done for experimental purposes 
relating to the subject-matter of the registered 
creation or 
(iv) the preparation in a pharmacy of a 
medicinal product according to a medical 
prescription for individual cases or acts concerning the medicinal product. 7.-(1) The protection conferred by a utility model registration of a biological material possessing specific characteristics as a result of the creation shall extend to any biological material derived from that biological material through multiplication or propagation in an identical or divergent form and possessing the same characteristics. 
(2) The protection conferred by a utility 
model registration of a product containing or 
consisting of genetic information shall extend to any material in which the product is 
incorporated and in which the genetic 
information is contained and performs its function, cf., however, section 3. 
(3) The protection referred to in subsections 1 
and 2 shall not extend to biological material 
obtained through multiplication or propagation of biological material placed on the market within the territory of an EU Member State by the proprietor of the utility model or with his consent if that multiplication or propagation necessarily 
results from the application for which the 
biological material was marketed, provided 
that the material obtained is not subsequently used for further multiplication or propagation. 
8.-(1) Notwithstanding section 7(1) and (2), 
the sale or any other form of commercialisation of plant propagating material by the proprietor of the utility model or with his consent to a farmer for agricultural use shall imply an authorisation for the farmer to use the product of his harvest for multiplication or propagation by him on his own farm, the extent and conditions thereof being laid down in Article 14 of the Council 
Regulation on Community plant variety 
rights. 
(2) Notwithstanding section 7(1) and (2), the 
sale or any other form of commercialisation 
of breeding stock or other animal 
reproductive material by the proprietor of the 4 
utility model or with his consent to a farmer 
shall imply an authorisation for the farmer to use the animal or other animal reproductive material for the purposes of pursuing his own agricultural activity, but not to sell it within the framework or for the purpose of a commercial reproduction activity. The Minister of Industry, Business and Financial Affairs shall lay down provisions concerning the extent and the conditions of the farmer's exploitation of such breeding stock and animal reproductive materials for the purposes of pursuing his own agricultural activity. 
9.-(1) Any person who, at the time when the 
utility model application was filed, was exploiting the creation commercially in this country may, notwithstanding a registered utility model, continue such exploitation retaining its general character, provided that the exploitation did not constitute an evident abuse in relation to the applicant or his legal predecessor. Such a right of exploitation shall also, under similar conditions, be enjoyed by any person who had made substantial 
preparations for commercial exploitation of 
the creation in this country. 
(2) The right provided for in subsection 1 may 
only be transferred to others together with the 
business in which it has arisen or in which the exploitation was intended. 
10.-(1) Notwithstanding a utility model 
having been registered in respect of a creation, persons other than the proprietor of the utility model may exploit the creation by the use of a foreign vehicle, vessel or aircraft during its temporary or accidental presence in 
this country. 
(2) The Minister of Industry, Business and 
Financial Affairs may direct that, 
notwithstanding a registered utility model, spare parts and accessories for aircraft may be imported into and used in this country for the repair of aircraft belonging to a foreign state which grants similar rights in respect of Danish aircraft. 
11.-(1) On request an application for a utility 
model registration of a creation which has been disclosed in a previous application for a patent or a utility model registration in this country or an application for an inventor's certificate, a patent or a utility model protection in another country party to the Paris Convention for the Protection of Industrial Property of 20 March 1883 shall for the purposes of section 5(1) and (2) and 
section 9 be regarded as filed at the same time 
as the previous application, provided that the subsequent application is filed within 12 months from the date of filing of the previous application. The same right of priority shall be enjoyed even if the application for protection does not originate from a country party to the Convention when pursuant to a bilateral or multilateral agreement an equivalent priority from a Danish patent application or utility model application is granted in the country in which the previous application was filed on conditions and with 
effects which are essentially in conformity 
with the Convention. 
(2) The Minister of Industry, Business and 
Financial Affairs shall lay down the particular 
terms for the right to claim such priority. 
12.-(1) If the applicant has previously filed a 
patent application with effect for Denmark, the applicant may use the patent application, in whole or in part, as a basis for a utility model application in respect of the same creation. The applicant may request that the date of filing 
applying to the patent application shall 
apply to the utility model application. If priority has been claimed in the patent application, cf. section 6 of the Patents Act, that claim shall also apply to the utility model application. 5 
(2) The Minister of Industry, Business 
and Financial Affairs shall lay down 
rules for requests under subsection 1. 
Part 2 
Utility model applications and the 
examination and other processing thereof, 
etc. 
13.- The Patent Authority of this country shall be the Patent and Trademark Office, headed by a Director, and the Board of Appeal for 
Patents and Trademarks. For the purposes of 
this Act, the "Patent Authority" means the Patent Authority of this country, unless otherwise stated. 
14.-(1) An application for the registration 
of a utility model shall be filed with the Patent and Trademark Office being the registration authority. The application shall contain a statement of the subject-matter for which protection is sought. A fee shall be paid for the application. 
(2) In the application the creation shall be 
described or shown in a manner sufficiently 
clear to enable a person skilled in the art to carry it out. 
(3) If the application relates to a creation of a 
product produced by a microbiological 
process, the application shall, in those cases, only be regarded as disclosed in a sufficiently clear manner if also the requirements of section 15(1) and (2) are fulfilled. 
15.-(1) If carrying out the creation involves 
the use of biological material which is not 
available to the public or which cannot be described in the documents of the application in such a manner as to enable a person skilled in the art to carry out the creation, a sample of the biological material shall be deposited not later than on the date of filing of the application. The sample shall thereafter be deposited in such a manner that a sample may be furnished in Denmark. 
(2) If a deposited sample ceases to be viable, 
or if for any other reason a sample cannot be 
furnished, it shall be replaced by a new sample of the same biological material within the time limit prescribed and in accordance with the rules laid down by the Minister of Industry, Business and Financial Affairs. The new deposit shall be deemed to have been made already on the date of the previous deposit. 
(3) The Minister of Industry, Business and 
Financial Affairs shall lay down rules 
concerning the depositing and furnishing of samples pursuant to subsections 1 and 2. 
16.- In the same application a utility model 
registration may not be applied for in respect of two or more mutually independent creations. 
17.- If a utility model registration is 
applied for in respect of a creation which 
is disclosed in an earlier utility model 
application filed by the applicant in which no final decision has been given by the Patent Authority, the later application shall, at the request of the applicant, be deemed to have been filed at the time when the documents disclosing the creation were received by the Patent Authority. The Minister of Industry, Business and Financial Affairs shall lay down rules to that effect. 
18.- An application for a utility model registration may not be amended in such 
a way that the utility model registration is 
applied for in respect of subject-matter which was not disclosed in the application as filed. 6 
19.-(1) The Patent Authority shall ensure 
that the application fulfils the requirements of sections 1, 2, 3, 4, 16 and 18. 
(2) The applicant may against payment of 
a fee request the Patent and Trademark 
Office also to ensure that the requirements to the effect that the creation be new and differ distinctly from the state of the art, cf. section 5, are fulfilled. 
20.-(1) If the Patent Authority finds that the 
application does not comply with the 
requirements, the applicant shall be notified 
accordingly and be invited to file hi s 
observations or to correct the application 
within a time limit to be specified. 
(2) The application shall be shelved if the ap -
plicant fails to file his observations or to 
take steps to correct the application before the expiry of the time limit. The notification of 
the applicant pursuant to subsection 1 shall contain information to that effect. 
(3) The examination and other processing of 
the application shall be resumed if the 
applicant files his observations or takes steps to correct the application within 2 months after the expiry of the specified time limit and pays the prescribed resumption fee. 
(4) The provisions of subsections 1 to 3 shall 
apply mutatis mutandis when the applicant 
under section 19(2) has requested the 
Patent and Trademark Office also to ensure that the requirements to the effect that the creation be new and differ distinctly from the state of the art are fulfilled. 
21.-(1) If the application is found to comply 
with the requirements, the creation shall be registered. A notification concerning the utility model registration shall be published by the Patent and Trademark Office. (2) If the Patent Authority has objections to 
the acceptance of the application, and the ap -
plicant has had an opportunity to file his observations on the objections, the application shall be refused, unless the Patent Authority feels called upon once more to invite the ap -
plicant to file his observations or to correct the application under section 20. 
22.-(1) If any person claims before the Patent 
Authority that he, and not the applicant, is entitled to the creation, the Patent Authority may, if it finds the question doubtful, invite 
him to bring it before the courts within a time 
limit to be specified. If the invitation is not complied with, the Patent Authority may disregard the claim when deciding on the utility model application. Information to that effect shall be given in the invitation. 
(2) If legal proceedings have been instituted 
concerning the right to a creation in respect of 
which a utility model registration is applied for, the examination and other processing of the utility model application may be 
suspended until a final decision has been 
given in the legal proceedings. 
23.-(1) If any person proves to the Patent 
Authority that he, and not the applicant, is entitled to the creation, the Patent Authority shall transfer the application to him if he so requests. The transferee shall pay a new application fee. 
(2) If a request has been made for the transfer 
of a utility model application, the application 
shall not be shelved, refused or accepted until a final decision has been made on the request. 
24.-(1) The creation shall not be registered 
earlier than 15 months from the date of filing of the application or, if priority has been claimed, from the date of priority, cf. section 11. 7 
(2) At the request of the utility model 
applicant, the publication of the application or 
the registration of the creation may be effected earlier. 
(3) When 15 months have elapsed from the 
date of filing or, if priority has been claimed, 
from the date of priority, the files shall be available to the public even if the creation has not been registered. If a decision has been made to shelve or to refuse the application, the files shall, however, not be available, unless the applicant requests resumption of 
the proceedings, appeals against the refusal or 
requests re-establishment of rights under section 66 or 67. 
(4) When the files are made available under 
subsection 2 or 3, an advertisement shall be 
made to that effect. 
(5) If a document contains business secrets 
which do not relate to a creation in respect of 
which a utility model registration is applied for or has been granted, the Patent Authority may, on request, when circumstances make it 
desirable, decide that the document shall not 
be available or only available in part. If such a request has been filed, the document shall not be made available until a decision has been made or during the period within which the decision may be appealed against. An appeal shall have suspensive effect. 
(6) If a sample of biological material has been 
deposited under section 15(1), any person 
shall have the right to obtain a sample of the material when the files are made available under subsection 3. After the utility model registration, and irrespective of the utility 
model registration having ceased to have 
effect or been revoked, the furnishing of a sample may be made to any person requesting it. That shall, however, not imply that a sample shall be furnished to any person who, under provisions laid down in or pursuant to law, is not allowed to handle the deposited material. Nor shall a sample be furnished to any person if, due to the dangerous properties of the material, his possession of the sample is supposed to involve obvious danger. 
(7) Notwithstanding subsection 6, the 
applicant may request that, until the utility 
model has been registered, the furnishing of a sample shall only be effected to an expert in the art. If an application has been refused or withdrawn or deemed to be withdrawn, the applicant may request that for 10 years from the date of filing of the utility model application a sample of the deposited material 
shall only be furnished to an expert in the art. 
(8) The Minister of Industry, Business and 
Financial Affairs shall lay down provisions 
governing the submission of a request for the furnishing of a sample and the time limit for submitting such requests and prescribing who may be used as an expert. 
(9) The request for the furnishing of the 
sample shall be submitted to the Patent 
Authority and shall contain a declaration to 
observe the restrictions on the use of the 
sample which appear from the rules laid down 
by the Minister of Industry, Business and Financial Affairs. If the sample is to be furnished to an expert in the art, the declaration shall instead be given by the latter. 
25.-(1) Appeals from the final decision of the 
Patent and Trademark Office with respect to a utility model application may be filed with the Board of Appeal for Patents and Trademarks by the applicant. The same shall apply to the proprietor of the utility model when a utility model registration is revoked entirely or 
partially after a request for examination of the 
registration under section 50. If the utility model registration is maintained in amended or unamended form despite the request, the decision may be appealed against by the person having filed the request. If the latter withdraws his appeal, the appeal may 8 
nevertheless be examined provided that there 
are special grounds for such action. 
(2) Appeals under subsection 1 shall be filed 
with the Board of Appeal for Patents and 
Trademarks not later than 2 months after the Patent and Trademark Office has notified the party concerned of the decision. The fee prescribed for the appeal shall be paid within the same time limit. Failure to do so shall cause the appeal to be rejected. 
(3) Other parties having an interest in the 
decision in question may, not later than 2 
months after the publication of the decision, file a similar appea l. 
(4) Decisions given by the Board of Appeal 
for Patents and Trademarks may not be brought before any other administrative authority. 
(5) Decisions made by the Patent and 
Trademark Office which may be brought 
before the Board of Appeal for Patents and Trademarks may not be brought before the 
courts until the decision of the Board of 
Appeal has been given. If a party wants to 
bring a decision made by the Board of Appeal for Patents and Trademarks before the courts, proceedings shall be instituted not later than 2 months from the date on which the party concerned was notified of the decision. 
(6) Decisions by which a request for the 
concealment of business secrets under section 
24(5) has been refused may be appealed against by the person having made the request. 
Part 3 
International utility model applications 
26.-(1) An “international utility model appli-
cation” means an application under the Patent Cooperation Treaty, done at Washington on 19 June 1970. 
(2) An international utility model application 
shall be filed with a patent office or an inter -
national organisation which is competent 
under the Treaty and the Regulations to receive such an application (receiving Office). An international utility model application may be filed with the Patent Authority of this country in accordance with rules laid down by the Minister of Industry, Business and Financial Affairs. The applicant shall pay the 
fee prescribed for the application to the 
Patent Authority. 
(3) Sections 27 to 35 shall apply to 
international utility model applications 
designating Denmark. 
27.- An international utility model 
application which has been accorded an international filing date by the receiving Office shall have the same effect as a utility model application filed in this country on that date. The provision of section 5(2), 2nd 
sentence, shall, however, not apply, unless 
the application has been proceeded with under section 29. 
28.- An international utility model 
application shall be considered withdrawn as far as Denmark is concerned in the cases referred to in Article 24(1)(i) and (ii) of the Patent Cooperation Treaty. 
29.-(1) If the applicant wishes to proceed with 
an international utility model application designating Denmark, he shall within 33 
months from the international filing date or, if 
priority is claimed, from the priority date pay the prescribed fee to the Patent Authority and file a translation into Danish of the international application to the extent prescribed by the Minister of Industry, Business and Financial Affairs. If the 9 
application is written in Danish, the applicant 
shall within 33 months file a copy of the application. 
(2) If the applicant has paid the prescribed fee 
within the time limit prescribed in subsection 
1, the required translation or copy may be filed within a further period of 2 months, provided that a prescribed additional fee is paid prior to the expiry of the further period. 
(3) If the applicant fails to fulfil the 
requirements of this section, the application 
shall be deemed to be withdrawn as far as 
Denmark is concerned. 
30.-(1) When an international utility model 
application has been proceeded with under section 29, the provisions of Parts 1 and 2 shall apply to the application and the examination and other processing thereof with the deviations provided for in the present section and in sections 31 and 34. The examination and other processing of the application shall only be commenced prior to the expiry of the time limits applicable under 
section 29 if the applicant so requests. 
(2) The provisions of section 24(2) and (3) 
shall apply even before the application has 
been proceeded with when the applicant has complied with his obligation under section 29 to file a translation of the application or, if the application is written in Danish, when the applicant has filed a copy thereof with the Patent Authority. 
(3) For the purposes of sections 41 and 43 to 
45 concerning compulsory licence, section 53 
concerning the obligation to give information on utility models and section 57 concerning 
the protection of the creation in the period 
between filing and registration an international utility model application shall be deemed to have been made available to the public when it is available under subsection 2. (4) If the utility model application complies 
with the requirements of the Patent Cooperation Treaty relating to form and contents, it shall be accepted in that respect. 
31.- In the case of an international utility 
model application a utility model shall only be registered or the application refused after the expiry of a time limit prescribed by the Minister of Industry, Business and Financial Affairs, unless the applicant has consented to the application being decided upon before. 
32.- In the case of an international utility 
model application the Patent Authority may not without the consent of the applicant register a utility model or publish the application prior to its publication by the International Bureau of the World Intellectual Property Organization (WIPO) or prior to the expiry of 20 months from the international filing date or, if priority is claimed, from the priority date. 
33.- If any part of an international utility 
model application has not been the subject of 
an international preliminary examination 
because the applicant has restricted the utility model claims at the invitation of the International Preliminary Examining Authority, the said part of the application shall be considered withdrawn before the Patent Authority, unless the applicant pays the additional fee prescribed in the Patent Cooperation Treaty within 2 months after the date on which the Patent Authority has invited him to pay. 
34.-(1) If any part of an international utility 
model application has not been the subject of 
an international search or an international 
preliminary examination because the application has been deemed to relate to two or more mutually independent creations, and the applicant has not paid the additional fee under the Patent Cooperation Treaty within the prescribed time limit, the Patent Authority 10 
shall review the finding to decide whether it 
was justified. If that is found to be the case, the said part of the application shall be considered withdrawn before the Patent Authority, unless the applicant pays the prescribed fee within 2 months after the date on which the Patent Authority has notified the applicant of the result of the review. If the Patent Authority considers that the finding was not justified, it shall proceed with the examination and other processing of the application in its entirety. 
(2) The applicant may appeal against a 
decision under subsection 1 by which a utility 
model application is found to relate to two or more mutually independent creations. The provisions of section 25 concerning the right of appeal shall apply mutatis mutandis . 
(3) If the appeal is dismissed, the time limit 
for payment of the fee under subsection 1 shall be calculated from the date on which the final decision is given. 
35.-(1) If a receiving Office has refused to 
accord an international filing date to an 
international utility model application, the 
Patent Authority shall, at the request of the applicant, review the decision to decide whether it was justified. The same shall apply to any decision from the International Bureau according to which an application shall be considered withdrawn. 
(2) A request for a review under subsection 1 
shall be presented to the International Bureau 
before the expiry of a time limit prescribed by the Minister of Industry, Business and Financial Affairs. The Minister of Industry, 
Business and Financial Affairs shall prescribe 
a time limit and specify the extent for the applicant against payment of a fee to file a translation of the application with the Patent Authority. 
(3) If the Patent Authority finds that the 
decision of the receiving Office or the International Bureau was not justified, the 
Patent Authority shall examine and process the application under Parts 1 and 2. If no international filing date has been accorded by the receiving Office, the application shall be deemed to have been filed on the date which in the opinion of the Patent Authority should have been accorded as the international filing date. If the application complies with the requirements of the Patent Cooperation Treaty relating to form and contents, it shall be accepted in that respect. 
(4) The provision of section 5(2), 2nd 
sentence, shall apply to applications taken up 
for examination and other processing pursuant to subsection 2, provided that the application is made available to the public under section 24. 
Part 4 
Conversion of a European patent 
application 
36.-(1) If an application for a European patent 
filed with a national patent authority is 
deemed to be withdrawn due to the fact that the European Patent Office has not received the application within the prescribed time limit, the Patent Authority shall at the request of the applicant regard the application as converted into an application for a utility model registration in this country, provided that 
(i) the request is filed with the national 
authority which received the application 
within 3 months after the applicant has been notified that the application is deemed to be 
withdrawn, 
(ii) the request is filed with the Patent 
Authority of this country within 20 months 
from the date of filing of the application or, if priority has been claimed, from the date of priority, and 11 
(iii) the applicant within a time limit 
prescribed by the Minister of Industry, 
Business and Financial Affairs pays the prescribed application fee and files a translation of the application into Danish. 
(2) If the utility model applicant complies 
with the requirements of the European Patent 
Convention relating to the form of the application, the application shall be accepted in that respect. 
(3) The Minister of Industry, Business and 
Financial Affairs shall lay down the particular 
rules concerning the right to convert a European patent application into an application for a utility model registration in this country pursuant to subsection 1. 
Part 5 
Extent of the protection and term of the 
registration 
37.-(1) The extent of the protection 
conferred by the utility model registration shall be determined by the utility model claims. For the interpretation of the utility model claims the description and drawing may serve as a guideline. 
(2) After registration the protection may 
not be extended. 38.-(1) The utility model registration shall 
be effective until 3 years have elapsed 
from the date of filing and may be renewed for two further periods of 3 and 4 years, respectively, against payment of the pre -
scribed fees. 
(2) The renewal of the registration shall be 
advertised. Part 6 
Payment of renewal fees 
39.-(1) The renewal fee shall fall due on the 
last day of the month in which the fee period begins. Renewal fees may not be paid earlier than 3 months before the due date. 
(2) For a later application as provided for in 
section 17, renewal fees in respect of the 
periods having begun before the date of filing of the later application shall in no case fall 
due until 2 months have elapsed after the date 
on which the later application was filed. For an international utility model application renewal fees in respect of periods having begun before the date on which the application was proceeded with under section 29 or taken up for examination and other processing under section 35 or beginning within 2 months after that date shall in no case fall due until 2 months have elapsed after the date on which the application was proceeded with or taken up for examination and other processing. 
(3) Any renewal fee may, together with the 
prescribed additional fee, be paid within 6 
months after its due date. 
(4) The Patent and Trademark Office shall 
collect renewal fees from the utility model 
applicant, the proprietor of the utility mode l 
or an appointed agent, if any, but the Patent and Trademark Office shall not be held responsible for loss of rights as a consequence of failure to collect. 
Part 7 
Licensing, transfer, etc. 
40.-(1) The transfer of a utility model registration, the grant of a licence, the pledging of a utility model registration, the levying of execution on the utility model 12 
registration or the commencement of 
insolvency proceedings against the proprietor of the utility model shall on request be entered in the Register of Utility Models. 
(2) If it is proved that a registered licence has 
terminated, the licence shall be deleted from 
the Register. 
(3) The provisions of subsections 1 and 2 
shall also apply to compulsory licences and 
rights under section 48(2). 
(4) Legal proceedings in respect of a utility 
model registration may always be instituted 
against the person who is entered in the Register as proprietor of the utility model, and any notification from the Patent Authority may be sent to him. 
41.-(1) If a registered creation is not worked 
to a reasonable extent in this country when 3 years have elapsed from the registration of the utility model and 4 years have elapsed from the filing of the utility model application, any person wishing to work the creation in this 
country may obtain a compulsory licence to 
do so, unless there are legitimate reasons for 
the failure to work the creation. 
(2) The Minister of Industry, Business and 
Financial Affairs may provide that for the 
purposes of subsection 1 working of the creation in another country shall be equivalent to working in this country. Such a provision may be made subject to reciprocity. 
42.-(1) The proprietor of a registered utility 
model the exploitation of which is dependent on a patent or a registered utility model which belongs to another person may obtain a 
compulsory licence to exploit the invention 
protected by the patent or the creation protected by the utility model registration, provided that the former creation constitutes significant technical progress of considerable economic importance. (2) The proprietor of the patent or of the 
registered utility model for the exploitation of which a compulsory licence has been granted pursuant to subsection 1 shall on reasonable terms be able to obtain a compulsory licence for the exploitation of the other creation. 
43.- When required by important public 
interests, any person who wishes to exploit a creation commercially in respect of which another person holds a utility model protection may obtain a compulsory licence to do so. 
44.-(1) Any person who, at the time when a 
utility model application was made available to the public, was exploiting the creation in respect of which a utility model registration is applied for commercially in this country may, if the application results in a registered utility model, obtain a compulsory licence for the exploitation, provided that exceptional circumstances make it desirable and the person in question had no knowledge of the application and could not reasonably have obtained such knowledge. Such a right shall 
also, under similar conditions, be enjoyed by 
any person who had made substantial 
preparations for a commercial exploitation of the creation in this country. 
(2) Such a compulsory licence may include 
the time preceding the registration of the 
utility model. 
(3) The Minister of Industry, Business and 
Financial Affairs may provide that, for the 
purposes of the provision of subsection 1, exploitation in another country shall be equivalent to exploitation in this country. Such a provision may be made subject to 
reciprocity. 
45.-(1) A compulsory licence shall only be 
granted to persons who have not been able by agreement to obtain a licence on reasonable terms and who may be considered capable of exploiting the creation in a reasonable and 13 
proper manner and in compliance with the 
licence. 
(2)A compulsory licence shall not prevent the 
proprietor of the utility model from exploiting 
the creation himself or from granting licences to others. 
(3) A compulsory licence may only be 
transferred to others together with the 
business in which it is exploited or in which 
the exploitation was intended. With respect to compulsory licences granted pursuant to section 42(1) it shall moreover apply that any 
transfer of the compulsory licence shall be 
effected together with the utility model registration the exploitation of which is dependent on a patent or a registered utility model which belongs to another person. 
(4) Compulsory licences concerning 
semiconductor technology may only be 
granted for public non-commercial exploitation or for terminating an anti -
competitive practice which has been established by a court decision or an 
administrative decision. 
46.- The Maritime and Commercial Court in 
Copenhagen shall decide as the court of first instance whether a compulsory licence shall be granted and shall also determine the extent to which the creation may be exploited, fix the compensation and lay down the other terms of the compulsory licence. If circum -
stances should change considerably, the Court may, at the request of either party, cancel the licence or lay down new terms of the licence. 
Part 8 
Termination of the registration, 
administrative examination, etc. 
47.-(1) A utility model registration may be revoked by a court decision if (i) the registration has not been effected in 
accordance with sections 1 to 5, 
(ii) the registration relates to a creation which 
is not described or shown in a manner 
sufficiently clear to enable a person skilled in the art to carry it out, 
(iii) the scope of the protection has been 
changed in contravention of section 18, or (iv) the scope of the protection has been 
extended after the registration. 
(2) If the proprietor of the utility model is 
only partially entitled to the utility model 
registration, the utility model registration may, however, not be revoked in its entirety. 
(3) With the exceptions referred to in 
subsection 4 proceedings may be instituted by 
any person. 
(4) Proceedings on the ground that a utility 
model has been registered for another person 
than the person entitled thereto under section 
1 may only be instituted by the person 
claiming to be entitled to the utility model 
registration. Such proceedings shall be instituted within 1 year after the entitled person has obtained knowledge of the registration of the utility model and of the other circumstances on which the proceedings are based. If the proprietor of the utility model was in good faith when the utility model was registered or when the proprietor of the utility model acquired the utility model registration, the proceedings may not be instituted later than 3 years after the registration of the utility model. 
48.-(1) If a utility model has been registered 
for another person than the person entitled thereto under section 1, the court shall transfer the registration to the entitled person if he so claims. The provisions of section 47(4) concerning the time for the institution 14 
of the proceedings shall apply mutatis 
mutandis. 
(2) The person who is deprived of the 
registration shall, if he in good faith has 
exploited the creation commercially in this country or has made substantial preparations for such exploitation, be entitled, for a reasonable compensation and on reasonable terms in other respects, to continue the exploitation already commenced or to implement the planned exploitation retaining its general character. Such a right shall also, under the same conditions, be enjoyed by 
holders of registered licences. 
(3) Rights under subsection 2 may only be 
transferred to others together with the 
business in which they are exploited or in which the exploitation was intended. 
49.-(1) If the proprietor of a utility model 
surrenders the utility model registration to the 
Patent Authority, the Patent Authority shall declare the utility model registration to have ceased to have effect in its entirety. 
(2) If proceedings have been instituted for the 
transfer of a utility model registration, the 
registration shall not be declared to have ceased to have effect until a final decision has been given in the proceedings. 
50.-(1) When a utility model registration has 
been effected, any person may against payment of a fee file a request with the Patent Authority for examination of the registration. 
(2) A request for examination may only be 
based on the grounds for revocation referred 
to in section 47(1). 
(3) The Patent Authority may require that a 
request pursuant to subsection 1 be 
accompanied by documentation. 
(4) If proceedings concerning a utility model 
registration are instituted before the courts prior to a final decision having been given 
with respect to a request pursuant to subsection 1 relating to the same registration, the Patent Authority shall suspend the examination of the request until the case before the courts has been finally decided upon, unless the request has been filed by the proprietor of the utility model. 
51.- If a request pursuant to section 50 has 
been filed, the proprietor of the utility model shall be notified thereof and be invited to file his observations thereon. The Minister of Industry, Business and Financial Affairs shall 
lay down rules to that effect. 
52.-(1) If after the filing of a request under 
section 50 the Patent Authority finds that there are obstacles to registration, the registration shall lapse. The lapse of the registration shall be advertised by the Patent and Trademark Office when the decision has become final. 
(2) If there are no obstacles to maintaining the 
utility model registration in amended form, 
the Patent Authority shall decide to amend the 
registration, provided that the proprietor of 
the utility model approves the amended text in which the Patent Authority intends to maintain the utility model registration and a fee for the advertisement of a notification concerning the amendment has been paid before the expiry of the prescribed time limit. 
(3) If the proprietor of the utility model 
disapproves of the amended text or does not 
pay the fee for advertisement of the amendment in due time, the utility model registration shall be considered to have ceased to have effect. 
Part 9 
Obligation to give information about utility 
models 15 
53.-(1) A utility model applicant or a 
proprietor of a utility model who invokes an application for a utility model registration or a registered utility model against another person before the files concerning the registration have been made available to the public shall be under an obligation on request to consent to letting the said person obtain inspection of the files of the application. If the application comprises a deposited sample of biological material as referred to in section 15(1), the said person shall also have the right to obtain a sample. Section 24(6), 2nd and 3rd sentences, and (7) to (9) shall apply in those 
cases. 
(2) Any person who, either by direct 
communication with another person or in 
advertisements or by inscription on goods or their packaging or in any other way, indicates that a utility model registration has been applied for or granted without indicating at the same time the number of the registration or the application, shall be under an obligation to give such information to any person requesting it without undue delay. If it 
is not explicitly indicated that a utility model 
has been applied for or registered, but the 
information is such as to create that impression, information as to whether a utility model has been applied for or registered shall be given on request without undue delay. 
Part 10 
Liability to punishment, liability for 
damages, etc. 
54.-(1) Any person who intentionally or grossly negligently infringes the exclusive right conferred by a utility model registration 
(utility model infringement) shall be punished 
with a fine. 
(2) If the infringement has been committed 
intentionally and under aggravating 
circumstances, the penalty may increase to imprisonment of up to 18 months, unless a heavier penalty is provided for by section 299b of the Penal Code. Aggravating circumstances shall in particular be con -
sidered to exist if a significant and obviously unlawful profit is intended by the infringe -
ment. 
(3)Companies, etc. (legal entities) may be 
held liable to punishment under the rules of 
Part 5 of the Penal Code. 
(4) In the case of infringements comprised by 
subsection 1 proceedings shall be instituted 
by the injured party. In the case of 
infringements comprised by subsection 2 
proceedings shall be instituted only at the request of the injured party, unless the institution of proceedings is required in the interests of the public. 
55.-(1) Any person who intentionally or 
negligently commits utility model infringement shall pay 
(i) a reasonable compensation to the injured 
party for the exploitation and 
(ii) damages to the injured party for the 
further injury which the infringement has 
caused. 
(2) In fixing the damages according to 
subsection 1(ii) inter alia the loss of profit 
suffered by the injured party and the illicit 
profit obtained by the infringer shall be taken into consideration. 
(3) In cases comprised by subsection 1 an 
additional compensation may be fixed to the 
injured party for non-financial injury. 
56.-(1) For the purpose of preventing further 
utility model infringements the court may, when so claimed, inter alia decide that a 
product constituting a utility model infringement shall be 
(i)withdrawn from the market, 16 
(ii) removed definitively from the market, 
(iii) destroyed, (iv)surrendered to the injured party or 
(v)altered in a specified manner. 
(2) Subsection 1 shall apply mutatis mutandis 
to apparatuses, materials, tools or the like 
which have primarily been used for illegal production of a registered creation. 
(3) The measures under subsection 1 shall be 
implemented without compensation to the 
infringer and shall not affect any damages to the injured party. The measures shall be implemented at the expense of the infringer, unless special circumstances tell against it. 
(4) In giving a court decision on measures 
under subsection 1 the court shall take into 
consideration the proportion between the extent of the infringement, the prescribed measures and the interests of any third party. 
(5) The court may, when so claimed, grant 
permission to the infringer to have the 
products, apparatuses, materials, tools or the like referred to in subsections 1 and 2 at his disposal during the term of the registration or part thereof against a reasonable compensation. However, this shall only apply if 
(i) the infringer has neither acted intentionally 
nor negligently, (ii) the measures under subsection 1 would 
cause the infringer disproportionate harm and 
(iii) a reasonable compensation is sufficient.  
57.-(1) If any person exploits a creation 
commercially without permission after the files of the application have been made available to the public, and the application results in a utility model registration, the provisions concerning utility model infringement, with the exception of section 54, shall apply mutatis mutandis . The utility 
model protection conferred prior to the registration shall only extend to subject-matter disclosed both in the utility model claims as worded at the time when the application was made available to the public and in the utility model registration as effected or as maintained in amended form under section 52(2). 
(2) The person concerned shall only pay 
damages under section 55(2) for injury caused 
by infringements committed prior to the advertisement of the utility model registration under section 21 to the extent found reasonable. 
(3) Claims for damages under subsection 1 
shall not be statute-barred earlier than 1 year 
after the registration. 
58.-(1) In a court decision by which a person 
is held liable under sections 55 and 56 the 
court may, if so requested, decide that the 
court decision in full or extracts thereof shall 
be published. 
(2) The obligation to publish shall rest with 
the infringer. The publication shall be made at 
the expense of the infringer and in such a prominent manner as may reasonably be required. 
59.-(1) Any person who institutes proceedings 
for the entire or partial revocation of a utility model registration or for the transfer of the registration shall notify the Patent and 
Trademark Office thereof for the purpose of 
entry in the Register of Utility Models and shall by registered letter notify any licensee who is entered in the Register of Utility Models with his address of the proceedings. Any licensee who wishes to institute proceedings for infringement of the utility 17 
model right shall in a similar way notify the 
proprietor of the utility model thereof. 
(2) If the plaintiff does not prove in the writ 
of summons that the notifications referred to 
in subsection 1 have been given, the court may fix a time limit for compliance with the requirements. If the said time limit is not observed, the case shall be dismissed. 
(3) In proceedings for utility model 
infringement instituted by the proprietor of 
the utility model the defendant shall notify the Patent Authority and registered licensees in 
accordance with the rules of subsection 1 if 
the defendant intends to claim revocation of the utility model registration. The provision of subsection 2 shall apply mutatis mutandis so 
that the claim for revocation of the utility model registration shall be dismissed if the time limit which has been fixed is not observed. 
(4) In proceedings for utility model 
infringement instituted by a licensee, the 
defendant may summon the proprietor of the 
utility model to attend without regard to his 
venue and claim against him that the utility 
model registration be revoked. The provisions of Part 34 of the Administration of Justice Act shall apply mutatis mutandis . 
60.-(1) Any person who, in the cases referred to in section 53, fails to comply with his obligations or gives false information shall be punished with a fine, in so far as a severer punishment is not provided for by other legislation, and shall be liable to compensate for the injury caused thereby to the extent found reasonable. 
(2) Section 54(3) and (4) shall apply mutatis 
mutandis. 
61.-(1) Applicants and proprietors of utility 
models who are not residents of this country shall, in proceedings instituted under this Act, be deemed to have their venue in Copenhagen. 
(2) Office copies of court decisions 
concerning utility model applications or 
utility model registrations shall be sent to the Patent and Trademark Office on the initiative of the court. 
61a.- If the customs and taxation authorities 
become suspicious of infringements comprised by section 54, information to that effect may be passed on to the proprietor of 
the right. 
Part 10A 
Special unit on enforcement and 
counterfeiting and piracy 
61b.
3)-(1) The tasks of the Patent and 
Trademark Office concerning the enforcement 
of utility model rights and the combating of counterfeiting and piracy shall be performed by a special unit, which consumers, 
businesses and authorities may approach and 
obtain information and guidance. 
(2) In specific cases concerning counter -
feiting and piracy the unit shall give advice to 
consumers and small and medium-sized enterprises. On request and against payment of a fee the unit may give a written advisory opinion. 
(3) The unit shall assist the police and the 
prosecution in their efforts against 
counterfeiting and piracy. 
(4) The Minister of Industry, Business and 
Financial Affairs may lay down specific rules 
concerning the tasks and organisation, etc. o f 
the unit. 
Part 11 
Miscellaneous provisions 18 
62.- The Patent and Trademark Office may 
invite the proprietor of a utility model to appoint an agent residing in the European Economic Area (EEA) to receive notifications concerning the registered utility model on behalf of the proprietor of the utility model. The name and address of the agent shall be entered in the Register of Utility Models. 
63.-(1) Appeals from the decisions of the 
Patent and Trademark Office pursuant to sections 40, 66 and 67 may be filed with the Board of Appeal for Patents and Trademarks 
by the applicant, the proprietor of the utility 
model or the person who has requested examination not later than 2 months after the date on which the party in question was notified of the decision. Other parties having an interest in the said decision may file a similar appeal not later than 2 months after the advertisement of the decision. 
(2) The fee prescribed for the appeal shall be 
paid within the time limit referred to in 
subsection 1. Failure to do so shall cause the 
appeal to be rejected. 
(3) The provisions of section 25(2) to (4) shall 
apply mutatis mutandis . 
64.-(1) The Minister of Industry, Business 
and Financial Affairs shall lay down specific rules concerning utility model applications and their examination and other processing and concerning the examination of requests for examination, concerning re-establishment of rights, concerning surrender of utility model registrations, concerning the arrangement and keeping of the Register of Utility Models, concerning the publication 
and contents of the Utility Model Gazette, 
concerning the exchange of electronic data with the Patent Authority and concerning the procedures of the Patent and Trademark Office. It may thus be prescribed that the records of the Patent Authority relating to applications filed shall be available to the public. The Minister of Industry, Business and Financial Affairs may lay down specific rules concerning the days on which the Patent Authority shall be closed. 
(2) The Minister of Industry, Business and 
Financial Affairs may direct that the Patent 
Authority at the request of the authority of another country may give information to that authority about the examination and other processing of utility model applications filed in this country and that the Patent Authority, in deciding whether the criteria for registrability have been met, may accept 
novelty searches which have been carried out 
for that purpose by a corresponding authority in another country or by an international institution. 
(3) The Minister of Industry, Business and 
Financial Affairs may furthermore direct that, 
at the request of the Patent Authority and within a time limit fixed by that Authority, any applicant who in any country has filed a corresponding application for a utility model shall furnish information about the result of 
the examination as to the registrability of the 
creation which has been communicated to the 
applicant by the patent authority of that country and transmit a copy of the correspondence with the said authority. However, no obligation to furnish information may be prescribed in respect of any utility model application referred to in Part 3 which has been the subject of an international preliminary examination on which a report has been filed with the Patent Authority. 
65.-(1) The Patent and Trademark Office may 
on request undertake the performance of special tasks concerning utility models and 
utility model rights. The Minister of Industry, 
Business and Financial Affairs shall lay dow n 
rules governing that service, the payment therefor and the payment of fees for reminders in the case of late payment. 19 
(2) The Access to Public Administration Files 
Act shall, except for section 8, pursuant to 
which it is possible to claim to be notified about personal matters referred to in documents, not apply to the tasks referred to in subsection 1, 1st sentence. 
66.-(1) If the non-observance of a time limit 
vis-à-vis the Patent Authority prescribed by or provided for in this Act causes a loss of rights to a utility model applicant or a proprietor of a utility model who has taken all due care reasonably required, the Patent Authority shall on request re-establish his rights. The 
request shall be filed with the Patent 
Authority within 2 months from the removal of the obstacle causing non-observance of the time limit though not later than 1 year after the expiry of the time limit. The omitted act shall be completed and the fee prescribed for re-establishment of rights shall be paid within 
the same time limits. 
(2) Subsection 1 shall apply to the time limit 
concerning priority referred to in section 
11(1) if a utility model applicant in a 
subsequent application requests re -
establishment of his priority within 2 months 
from the expiry of the time limit referred to in section 11(1). 
67.-(1) If the applicant who wishes to proceed 
with an international utility model application, cf. section 29, has availed himself of mailing, and the mail is not received in due time, but the act is completed within 2 months after the date on which the applicant noticed or should have noticed that the time limit was exceeded and not later than 1 year after the expiry of the time limit, the Patent Authority 
shall re-establish the rights, provided that 
(i) within the 10 days preceding the expiry of 
the time limit the postal service was 
interrupted on account of war, revolution, civil disorder, strike, natural calamity or other like reason in the locality where the sender has his place of business or is staying, and the mailing to the Patent Authority is effected within 5 days after the resumption of the postal service, or 
(ii) the mailing was effected by registered 
letter to the Patent Authority not later than 5 
days prior to the expiry of the time limit though only if the mailing was effected by airmail, where possible, or if the sender had every reason to believe that surface mail would not arrive later than 2 days after the date of mailing. 
(2) If the utility model applicant wishes to 
have his rights re-established under 
subsection 1, he shall file a request to that effect with the Patent Authority before the expiry of the time limit referred to. 
68.-(1) When a request for the re -
establishment of rights under section 66 or 67 
has been complied with and, in consequence, a utility model application shall be taken up for further processing, or a lapsed utility model registration shall be regarded as maintained, an advertisement shall be made to 
that effect. 
(2) Any person who, after the expiry of the 
time limit prescribed for resumption of the 
examination and other processing of a shelved application or after the refusal of the application or after the advertisement of the lapse of the utility model registration, but prior to the advertisement under subsection 1, in good faith has commenced a commercial exploitation of the creation in this country or has made substantial preparations for such exploitation may continue the exploitation retaining its general character. 
(3) The right provided for in subsection 2 may 
only be transferred to others together with the 
business in which it has arisen or in which the exploitation was intended. 
69.- The Minister of Industry, Business and 
Financial Affairs may lay down rules 20 
concerning payment for special transactions, 
publications, transcripts, courses, etc. 
70.- The Minister of Industry, Business and 
Financial Affairs shall after negotiation with the Minister of Defence and the Minister of Justice lay down rules prescribing what “war 
material” shall mean for the purposes of this 
Act. 
71.- If the Minister of Industry, Business and 
Financial Affairs refers his or hers rights under this Act to the Patent and Trademark Office, the Minister may lay down rules 
concerning the right of appeal, including rules 
to the effect that appeals may not be brought before any higher administrative authority. 
72.- With respect to acts concerning products 
which have been put on the market in another state which has ratified or acceded to the Agreement relating to Community Patents Article 76 of the Community Patent Convention shall apply. 
73.- The provisions of Article 75(1) and (2) of 
the Community Patent Convention 
concerning the entire or partial termination of 
a patent granted by the Patent Authority of this country shall apply mutatis mutandis to 
utility models. 
Part 11 A 
Fees 
73a.-(1) For an application for the registration of a Danish utility model a fee of 2,000 DKK shall be paid, cf. section 14(1). 
(2) For the conversion of a European patent 
application into a Danish application for a 
utility model a fee of 2,000 DKK shall be paid, cf. section 36(1)(iii). 
(3) For an application for the proceeding with 
an international utility model application 
designating Denmark a fee of 2,000 DKK shall be paid, cf. section 29(1). For a subsequent filing of a translation of or a copy of the international utility model application an additional fee of 1,100 DKK shall be paid, cf. section 29(2). 
(4) For a request for the examination of an 
application for a utility model pursuant to 
section 19(2) a fee of 4,000 DKK shall be paid. 
(5) For the examination and other processing 
by the Patent and Trademark Office pursuant 
to sections 33 and 34 concerning international 
utility model applications a fee of 2,400 DKK 
shall be paid. 
73b.-(1) For the renewal of a utility model 
registration, a fee of 2,000 DKK shall be paid 
for the first period and a fee of 3,000 DKK shall be paid for the second period, cf. section 38. 
(2) Fees pursuant to subsection 1 paid after 
the expiry of the registration period and up to 
six months thereafter shall be increased by 20 
per cent. 
73c.-(1) For a request for examination of a 
registered utility model pursuant to section 50(1) a fee of 4,000 DKK shall be paid. 
(2) For the publication of an amended utility 
model specification a fee of 1,100 DKK shall 
be paid, cf. section 52(2). 
73d.-(1) For a request for resumption of a 
utility model application a fee of 400 DKK 
shall be paid, cf. section 20(3). 
(2) For a request for re-establishment of a 
utility model application or registration a fee 
of 3,000 DKK shall be paid, cf. section 66(1). 
(3) For a written advisory opinion pursuant to 
section 61b(2) a fee of 1,500 DKK shall be 
paid. __________ 21 
73e.- For the handling by the Patent and 
Trademark Office of cases concerning international applications a fee of 1,500 DKK shall be paid, cf. section 26. 
73f.-(1) Fees paid pursuant to sections 73a to 
73e shall not be refunded when the payment 
has been effected in due time. 
(2) Fees not paid in due time or paid in 
insufficient amounts at the expiry of the time 
limit resulting in non-acceptance of the payment shall be refunded. 
(3) If the Patent and Trademark Office rejects 
the examination and other processing paid for, 
fees paid in connection with the examination and other processing shall be refunded. 
73g.-(1) The fees referred to in sections 73a to 
73e are stated at the 2011-level. 
(2) The Patent and Trademark Office may 
adjust the amounts stated in sections 73a to 
73e in accordance with the general price and wage development used for the purposes of 
the Government Budget. The Patent and 
Trademark Office shall publish the current 
fees in a price list. 
73h. The Patent and Trademark Office may 
transfer income from fees charged under this 
Act to the payment of costs involved in the administration by the Patent and Trademark Office of other fields under the jurisdiction of the Office where fees are charged. 
(2) The Patent and Trademark Office may 
transfer income from fees charged under this 
Act to Nævnenes Hus to the payment of costs associated with the Board of Appeal for 
Patents and Trademarks. Part 12 
Provisions as to entry into force and 
transitional provisions 
74.-(1) This Act shall enter into force on 1 
January 2007. At the same time the Utility Models Act, cf. Consolidate Act No. 367 of 9 June 1998, shall be repealed. 
(2) With respect to sections 55, 56 and 58 
they shall enter into force on 1 January 2006. 
(3) This Act shall apply to utility models 
registered and applications filed after the 
entry into force of this Act. With respect to utility model applications filed prior to the entry into force of this Act, the previous rules shall continue to apply. 
(4) The rules concerning re-establishment of 
rights, cf. sections 66 to 68, and the rules 
concerning examination pursuant to section 50 shall also apply to applications and registrations filed before the entry into force 
of this Act. 
75.- This Act shall not apply to the Faeroe 
Islands and Greenland, but may by Royal Ordinance be put into force for those islands with such deviations as the special circumstances of the Faeroe Islands and Greenland may require.
3) 
Act No. 1533 of 18 December 2018 to amend the Trade Marks Act and various other Acts and to abolish the Collective Marks Act 
(Examination of applications, grounds for 
refusal, reproduction of trademarks, goods in transit, transfer of income from fees etc.)
4) 
contains the following provision as to entry into force: 
Section 8 22 
(1) This Act shall enter into force on 1 
January 2019. (2) (Subsection 2-7 excluded) 
The Patent and Trademark Office, 29 January 2019 
SUNE STAMPE SØRENSEN 
/Anne Rejnhold Jørgensen 23 
2) This Consolidate Act contains information about provisions as to entry into force and transitional provisions adopted 
during the sessional year 2018/2019 of the Danish Parliament (the Folketing). Provisions as to entry into force and 
transitional provisions for previously adopted amendments of the Utility Models Act are laid down in Consolidate 
Act No. 220 of 26 February 2017. The amendments indicated below in consequence of Act No. 15 33 of 18 December 
2018 shall not apply to the Faeroe Islands and Greenland, but may by Royal Ordinance be put into force in whole or in part for the Faeroe Islands and Greenland with such deviations as the circumstances of the Faeroe Islands and Greenland may require. 
3) This Act was put into force for Greenland on 1 July 2010 by Royal Ordinance No. 657 of 11 June 2010. This Act was 
put into force for the Faeroe Islands on 2 May 2015 by Royal Ordinance No. 485 of 21 April 2015. 
4) The amendment of this Act relates to section 73 h.