Disloyal competition

According to established case law, section 1 of the Danish Marketing Practices Act provides a certain security against unfair competition, also in cases when the marketing of a product is not infringing any intellectual property rights. The rule includes protection against imitations or close copies of a product on the market, which is the result of an independent effort and which has a certain amount of distinctiveness. For more information about good marketing practices, see the website of the Danish Consumer Agency.

Violations of section 1 are not sanctioned through criminal penalties and customs authorities cannot withhold products at the European border on the basis that they constitute a violation of good marketing practices.  

However, the rule may be enforced through civil law measures such as securing evidence and injunctions, and violators may be subject to payment of damages.

 


FAQ

Do you know what you may and may not do?

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Cases

What are the consequences of trading in fake goods?

Find case examples here