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.