SKAT's disclosure of information about suspected counterfeited and pirated goods found within the national borders of Denmark

Since 1 January 2009 it has been possible for SKAT to inform the rights holders about suspected counterfeited and pirated goods found in Denmark

On 1 January 2009 Act No. 1404 of 27 December 2008 on strengthening of the enforcement against counterfeiting and piracy came into force.

The act includes a change in the Danish trademark law, design law, patent law, utility model law and copyright law. The chance enables SKAT to disclose information found - e.g. during an audit converning VAT at shops or flea markets etc. - to the rigth holder, if SKAT gets suspicious that the goods could be counterfeited or pirated.

With the new legislation it is made possible to deviate from the rules of professional secrecy, so SKAT is authorised to inform the rights holder, if SKAT discovers products that are suspected to be counterfeited or pirated. The purpose is to allow rights holders to respond to the presumption of an infringement of his rights by e.g. conducting further investigations.

This new legal basis can only be used It will only be in situations where SKAT by coincidence becomes aware of such products while carrying out its usual tasks and checks. These changes in the legislation has not granted SKAT any extensions of its powers.


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