The first European Court of Justice decision concerning two Registered Community Designs
The European Court of Justice (the highest trademark/designs court in Europe) has rendered its first decision concerning two Registered Community Designs (RCD).
This came down in favor of the owner of the prior right, and thus reinforces the enforceability and value of the RCD in IP portfolios.
Please find attached our Newsletter concerning this case.IP Newsletter October 2011.pdf, 285.87 KB
Employment - Amendment of the Danish Holidays with Pay Act
The Danish Government has introduced a bill concerning amendment of the Holidays with Pay Act with effect from 1 May 2011.
In general, the bill implies the following:
• The Danish Labour Market Holiday Fund will get an increased possibility of controlling the employers’ payments of non-used and time-barred claims for paid holidays, holiday allowance and holiday pay (random checks, payments of interest etc.).
• The employer’s possibility to regard a holiday as taken during a disemployment period will be reduced.
• The time of limitation regarding holiday allowance claims will be changed to a 3-year statute of limitation.
• The possibility of bringing forward accrued holiday to next holiday year will be improved.
• In addition to the above the bill contains a number of measures in order to increase the action against social fraud (increased possibility to exchange data between the holiday authorities and other authorities).
You can find more details in the attached pdf where we go through the changes in relation to the rules presently in force as well as the consequences in this respect (Danish only).Nyhedsbrev Arbejds- og ansaettelsesret Mar 2011.pdf, 434.42 KB
Real Estate and Construction
-Amendments to the winter construction regulation
The winter construction regulation has been amended with effect as from 20 May. The amendments and the consequences in this respect are dealt with in the attached newsletter (Danish only).Nyhedsbrev - Fast Ejendom Maj 2011.pdf, 278.23 KB
How to set up business in Denmark and Sweden
MAQS Law Firm in Denmark and Sweden has in collaboration with Skandia, Danske Bank, KPMG and Monopolet launched Öresundsnätverket, a network aiding businesses looking to establish themselves on either side of Öresund. Find out more at www.oresundsnetvarket.com and in our guide below re establishing business in Sweden.
Please note that the document is in Danish.
New rules for the reconstruction of firms in distress
Firms in distress shall have better possibilities of survival and reconstruction instead of going bankrupt. With the possibility to start a reconstruction of the firm in distress at an earlier stage than previously, the creditors will hopefully be able to save more firms and consequently save a greater part of their outstanding amounts.
Therefore, on 25 June 2010, the Danish Parliament adopted some important amendments to the Bankruptcy Act, thereby introducing a number of new rules concerning reconstruction of firms in distress. The new rules will become effective as from 1 April 2011.
You can find more details in the pdf (Danish only).Insolvens og rekonstruktion - Nye regler for rekonstruktion.pdf, 323.09 KB
Increase in M&A acitivities
In Denmark we are experiencing a strong increase in cross-border acquisitions. The growth in this market seems steady and the shadow of the financial crisis has disappeared.
In the M&A team of MAQS Law Firm we have also seen a significant rise in very substantial international acquisitions. As a result, we have worked extensively with the most recent developments and changes within the areas of company legislation, various employment issues in transaction, data protection issues and tax legislation, and we would like to share this knowledge.
For further information, please see newsletter below.Newsletter M&A Apr 2011.pdf, 521.47 KB
Danish Marketing Practices Act section 1 in relation to employees
Jeppe Høyer Jørgensen has in continuation of this book ("Employees' competitive conduct") written the following article "The scope of application of the Danish Marketing Practices Act section 1 in relation to employees" published in UfR 2010B.341. The article describes the latest case law regarding the rules in the Danish Marketing Practices Act applied on persons in an employment relationship.
Jeppe Høyer Jørgensen is co-author and endorsed lawyer of the latest Labour and Employee Benefits Handbook published by Practical Law Company (PLC).
Publication of Book – Employees´ Competitive Conduct
Attorney-at-law Jeppe Høyer Jørgensen, partner in MAQS Law Firm, has written another book in employment law. The book is published by the publishers Thomson Reuters and is entitled “The Employees´ Competitive Conduct – Duty of Loyalty and Sections 1 and 19 of the Danish Marketing Practices Act”. The book elucidates the non-contractual restrictions of competition for employees who wish to take employment or start competing business.
Read more about the book here (DK only)
Newsletter Intellectual Property Rights - Trademark update
In this issue, we will give you an update on the trademark scene in Europe as well as some groundbreaking trademark stories from our own world. Important changes are taking place in Europe which concern trademark owners, including changes in the OHIM procedure, changes due to the aftermath of the European Court of Justice’s rulings concerning keyword advertising, and developments in CTM case law.
For further information, see the attached and please feel free to contact
Jeppe Brogaard Clausen firstname.lastname@example.org,
Peter Gustav Olson email@example.com,
or Hanne Weywardt firstname.lastname@example.org
New practice for employment contracts
Newsletter Employment law – The Employment Contract
It follows from the Employment Act, that the employer has a duty to ensure that all employees receive an employment contract or other written confirmation, which contains all the essential conditions of the employment. In this newsletter we focus on the requirements of the employment contract and the latest case law which indicates a tightening of the requirements and an increase in compensation level, if the requirements are not met.Nyhedsbrev Arbejds- og ansættelsesret Sep 2010 - Ansættelseskontrakter.pdf, 687.28 KB
NEWSLETTER - INSURANCE
As part of the preparation for Solvency II, the Danish FSA has announced that in 2010 it will have special focus on the evaluation of the individual solvency needs of non-life insurance companies through both ordinary inspections as well as special inspections.
For further information, please read belowInsurance_Newsletter_June.pdf, 641.59 KB
Domain names - free permanent blocking in Denmark
Denmark is introducing a mechanism whereby trademark owners can permanently block typosquatted domain names. Once the names have been blocked, they are effectively removed from the pool of registrable names, without the trademark owner having to register and renew them.
Denmark is introducing a mechanism whereby trademark owners can permanently block typosquatted domain names. Once the names have been blocked, they are effectively removed from the pool of registrable names, without the trademark owner having to register and renew them. Trademark owners should check whether there are typosquatted Danish domain names – owned by themselves or third parties – which could be permanently blocked, effectively reducing future watching and renewal costs.
For further information, please download the file.Denmark - new free permanent domain name blocking.pdf, 249.03 KB
For use for the tax return 2009, MAQS Law Firm has developed a mini guide which practical and briefly describes the main principles for the preparation of individual tax returns, including the most common conditions that should be investigated and reported. Individuals must file tax returns for 2009 to SKAT (The Danish tax office) at the latest by 2 May 2010 or the first July 2010 (self-employed and others and foreign income).
Read more in the newsletter which can be downloaded below (DK only).
Corporate social responsibility - legal challenges
As part of the government's "Action Plan for Businesses Corporate Social Responsibility”, the Parliament passed on the 16th December 2008 "bill of amending the Danish Financial Statements Act (Statement of corporate social responsibility in large companies)". The intention of the Act is to encourage Danish companies to relate actively to their corporate social responsibility. This gives companies a number of legal and commercial challenges. These challenges are discussed in Anne Kathrine Eriksen's article "Reporting Corporate Social Responsibility" brought in the Medicon Valley Magazine, February 2010.MV-CsrArtikelAnnualReview2010v1.pdf, 1.68 MB
MAQS Law Firm is publishing a business handbook on HR Law
MAQS Law Firm has in corporation with the Publishing House Andersen published a business handbook on HR Law.
It is a unique working tool for everyone working with HR and employment law and is directed towards all types of undertakings. The handbook is describing all relevant and essential laws and rules relating to employment law, as well as frequent occurrences of employment related problems – all this is presented in a well-arranged and easily accessible form with schedules, illustrations in tabular form etc.
The handbook is updated every quarterly year with the newest rules and developments on the field of employment law.
The new company law
The new Company Law is expected to come into force on 1 March 2010.
The Company Law involves some significant changes and includes:
- Reduction of capital adequacy requirements
- Rights for shares and securities
- Self-financing and economic assistance,
- The Company’s acquisition of own shares
- Owner register and register of shareholders,
- Management organisation and composition
- New deadlines and
- Owner agreements.
Read more in the newsletter which can be downloaded below (DK only).Nyhedsbrev Selskabsret Feb 2010 - Ny selskabslov.pdf, 1.11 MB
The new rules of absence
The 4th January 2010 the final parts of the new sick leave rules (rules on sick leave documentation for workers) entered into force.
In outline the new rules results in the following changes:
- The existing "medical certificate of incapacity for work" lapses
- A new type of declaration - an "opportunity declaration" – is introduced
- Obligation to hold an interview of sickness absence
- The employee can ask for a "retention plan"
- Possibility to ask for a so called "free certificate"
Read more in the newsletter which can be downloaded below (DK only).Nyhedsbrev Arbejds- og ansættelsesret Jan 2010 - Nye fraværsregler.pdf, 1.57 MB
MAQS Law Firm launches newsletter in transport and logistics
MAQS Law Firm launches new newsletter on legal issues relating to transport and logistics.
The newsletter will contain news regarding subjects as transport law and maritime and admiralty law, and issues concerning road transport, air transport, sea transport, offshore, shipping, forwarding, warehousing and logistics, not to mention trade issues and articles regarding customs, international trade and import/export of goods.
The newsletter will be issued four times a year and will contain articles on subjects such as actual legal issues, new legislation, new case law etc.
Everyone is welcome to subscribe and receive the newsletter via e-mail. You can subscribe by sending an e-mail with your name and e-mail address to email@example.com.
The newsletter can be forwarded freely. The newsletter (in Danish) can be downloaded from the link below.
For more information, please contact
+45 77 40 11 38
Danish supreme court decision conserning keywordsDanish Supreme Court keywords decision.pdf, 54.62 KB
MAQS news november 2009 new offices in english091104 MAQSNEWS Nov 2009 ENG.pdf, 145.59 KB
Nordic know-how on the up
This article was first published in Issue 18 (April/May 2009) of World Trademark Review magazine. For further information please visit