The Kingdom of Denmark

●April 23　Source: www.dkpto.org

Danish Patent and Trademark Office (DKPTO) is informed of the positions of the EPO and the EUIPO in relation to COVID-19 and DKPTO is monitoring the situation closely. Nevertheless, DKPTO believes that our flexible approach and applicable legislation enable the office to handle the situation in the best interest of the users of the IPR system.

Normal operations in relation to due dates

DKPTO works with many different types of due dates at the office. Some due dates are based on national legislation, others on international legislation, and others again are solely related to our work procedures. Certain due dates are automatized in systems.

In the coming period, DKPTO will be as flexible as possible in relation to granting extensions of due dates. The office does not find a need for dispensation clauses in relation to the laws, orders etc. that the office administers within the field of intellectual property rights. It is DKPTO's assessment that applicable legislation contains clauses which, depending on the type of right, ensure that an applicant or right holder who suffers a loss of rights due to missing a legal due date can have that loss nullified, either by requesting reinstatement of rights or by submitting a new application.

Where a third party has the right to file an opposition against an application within a legal time limit, there is also the possibility for third parties to request revocation of a right at any given time after registration of the right.

With regard to the due dates which are set by the DKPTO in relation to the processing of applications, extensions may be granted. This will happen on a case by case basis upon evaluation and the office will be as flexible as possible in this relation.

To sum up, the DKPTO finds that the applicable laws, orders etc. within the field of intellectual property rights are sufficiently robust and flexible to handle the current situation. However, it should be noted that there are some legal time limits in relation to the international protection measures which cannot be influenced by the Office, as these time limits are based on international treaties and agreements. Applicants must therefore carefully note and ensure to meet these time limits.

Submission of applications etc.

DKPTO's systems for submission of applications etc. are operating as normal, and it will still be possible to use tools such as eOLF, electronic application, e-Boks or normal post. Furthermore, our physical postbox in Taastrup can also be used.

DKPTO knows that eOLF requires using a smart card and that it may not be possible to do this from home. Therefore, it will be possible to contact the office to retrieve information needed in order to submit applications via other systems.

Should stakeholders have any questions in relation to the operational status of the DKPTO, please contact the office via pvs@dkpto.dk.