5. If necessary, action is ordered without the other party being heard, particularly if a delay may cause irreparable harm to the patent holder or if there is a proven risk of destruction of evidence. counter-applications for patent revocation and cancellation of supplementary certificates of protection; A patent gives its holder the right to prevent third parties who do not have the consent of the patent holder from having the following: In May 2013, the Danish Ministry of Justice issued the opinion that a referendum or a five-year majority in folketing was necessary for Denmark to ratify the agreement because of its constitutional requirements for the transfer of sovereignty. [67] [124] The Danish People`s Party and the Red-Green Alliance, which controlled enough seats in folketing (22 and 12 or just over one-sixth of the 179 seats respectively) to block ratification without a referendum, said that a referendum should be held. [67] The People`s Party has said it will support the UPC if the ruling parties promise to hold a referendum on the EU`s banking union proposal or to increase restrictions on the distribution of social benefits to foreigners in Denmark. [125] In the absence of a parliamentary agreement, an upc referendum was held on 25 May 2014 at the same time as the European elections. [126] The Danish Constitution stipulates that the referendum will result in a “yes” result, unless at least 30% of all voters and more than 50c/o if the votes cast vote against it. [127] The referendum resulted in 62.5% yes[70] which led to the adoption of the ratification law, with the ratification instrument being tabled on 20 June 2014. [26] 3. Qualified judges must have a university degree and proven expertise in the field of technology. They must also have a proven knowledge of civil law and procedure in relation to patent litigation. (1) At the request of the applicant, who has provided sufficient evidence to support the claim that the patent has been infringed or is about to be infringed, the Court cannot exercise the jurisdiction of a party on the merits or not to deal with assets, whether in its area of jurisdiction or not. 1.

Without prejudice to the damage caused to the victim as a result of the offence and without compensation of any kind, the court may, at the request of the plaintiff, order that appropriate measures be taken with respect to the products for which they are found to infringe a patent and, in appropriate cases, the materials and equipment used primarily in the manufacture or manufacture of these products. In June 2017, German lawyer Ingve Stjerna filed a constitutional appeal against Germany`s unitary patent law. After receiving the complaint, the Federal Constitutional Court asked Federal President Frank-Walter Steinmeier not to sign the law. Steinmeier complied and ratification was suspended. [128] [129] The complaint referred to a violation of the right to democracy, “democratic deficits and the rule of law with respect to the regulatory powers of upC bodies,” “the absence of an independent judicial system within the UPC” and the UPC`s non-compliance with EU law. [130] [131] It was assumed that the last reason for the complaint, the alleged incompatibility of the UPC agreement with EU law, could lead the Federal Constitutional Court to refer one or more questions to the European Court of Justice (ECJ), “which would mean an additional delay of at least 15-24 months”. [132] Stjerna did not comment publicly on the content of the complaint.