Piracy and counterfeiting

Since the 1950s Plesner has conducted litigation involving counterfeit applied art, furniture, toys, textiles and packaging etc.

The Danish Marketing Practices Act

In Denmark, counterfeiting can be combated efficiently by relying on the Danish Marketing Practices Act's general ban on actions that are against good marketing practices. This general provision provides wide protection against the copying of products which are well-known, e.g. due to the fact that they are well-designed and cost-intensive marketed.

When is the Danish Marketing Practices Act infringed?

Infringement has been committed if a close copy has been made and there is practical market identity between the two products. The practical market identity is determined on the ba-sis of an overall assessment of the products and it is not enough that the infringer can point out a few minor differences.

It is, however, decisive whether the infringer tries to free ride on the counterfeit product by using the same elements in its marketing and packaging. If counterfeiting is committed by a former employee or a collaborator, the assessment of whether the counterfeit product is unlawful will be more stringent.