1.-(2) The following subject matter or activities as such shall. in particular. not be regarded as inventions:
(i) discoveries. scientific theories and mathematical methods;
(ii) artistic creations;
(iii) plans, rules or methods for intellectual activity, for games or for business activity or computer programs;
(iv) presentation of information.
(3) Methods for surgical or therapeutic treatment or for determination of diagnoses, practiced on human beings or animals, shall not be regarded as inventions, either. This provision shall not prevent the grant of patents for products, including substances and compounds, for use in any of these methods.
(4) Patents shall not be granted in respect of;
(i) inventions the exploitation of which would be contrary to law and order or morality, or
(ii) species of plants or animals or essential biological processes for the production of plants or animals. Patents may, however, be granted for microbiological processes and the products thereof.
Licensing, transfer, etc. Sec. 45
Licensing, transfer, etc.
Sec. 45.-(1) If a patented invention is not worked to a reasonable extent in Denmark when three years have elapsed from the grant of the patent and four years have elapsed from the filing of the patent application, any person wishing to work the invention in Denmark may obtain a compulsory license to do so, unless there are legitimate reasons for failure to work the invention.
(2) The Minister of Business and Industry may direct that for the purposes of subsection 1 hereof working of the invention in another country shall be equivalent to working in Denmark. Such a provision may be made subject to reciprocity.
Sec.46.-(1) The proprietor of a patent for an invention, the use of which is dependent on a patent or a registered utility model which belongs to another person may obtain compulsory license for use of the protected invention of the latter patent or the protected model on utility model registration if the former invention makes up an essential technical progress of substantial economic importance.
(2) The proprietor of the patent of the invention or of the registered utility model for which use compulsory license has been granted pursuant to the provision in (1) shall on reasonable terms be able to obtain compulsory license for use of the other invention.
Sec. 47. When required by important public interests, any person who wishes to exploit an invention commercially for which another person holds a patent may obtain a compulsory license to do so.
Sec. 48.-(1) Any person who, in Denmark, at the time when a patent application was made available to the public, was commercially exploiting the invention for which a patent is applied for, may, if the application results in a patent, obtain a compulsory license to exploit the invention, if very special circumstances make it desirable, and he had no knowledge and could not reasonably have obtained any knowledge of the application. Such a right shall also, under similar conditions, be enjoyed by any person who had made substantial preparations for commercial exploitation of the invention in Denmark.
(2) Such a compulsory license may include the time preceding the grant of the patent.
(3) The Minister of Business and Industry may direct that for the purposes of subsection 1 hereof exploitation of the invention in another country shall be equivalent to exploitation in Denmark. Such a provision may be made subject to reciprocity.
Sec. 49.-(1) Compulsory license shall only be granted to persons who by agreement have not been able to obtain license on reasonable terms and who may be regarded as being able to make use of the invention in a reasonable and proper manner and in compliance with the license.
(2) A compulsory license shall not prevent the proprietor of the patent from exploiting the invention himself or from granting licenses to others.
(3) Compulsory license can only be transferred to others together with the establishment in which it is used or in which the utilization was intended. For compulsory license filed in accordance with Section 46(1) it shall moreover be applicable that transfer of compulsory license shall take place together with the patent the use of which is dependent on a patent or a registered utility model which belongs to another person.
( 4) Compulsory license concerning semiconductor technology can only be filed for public, non-commercial use or for terminating an anti-competitive practice, which has been established by decree or administrative decision.
Sec.50. The Copenhagen Maritime and Commercial Court shall decide as the court of first instance whether a compulsory license shall be granted and shall also determine the extent to which the invention may be exploited, fix the compensation and lay down the other terms of the compulsory license. If circumstances should change considerably, the Court may, at the request of either party, cancel the license or lay down new terms of the license.
13.-1. If a semiconductor product is not put on the market to a reasonable extent by the holder of the rights in spite of suitable remuneration, the Maritime and Commercial Court may grant a third party a non-voluntary license to perform the acts mentioned in Section 6.1.
2. The Maritime and Commercial Court lays down the terms of the non-voluntary license, including the amount of the remuneration. If circumstances change considerably, the Court may at the request of either party cancel the license or lay down new terms of the license.