Please see the answers to question 5 above.
[Answer 5: (a)injunctions Unauthorized production, distribution, broadcasting and reproduction, etc. may be prevented by use of provisional injunctions obtained before the bailiff's court in accordance with the Administration of Justice Act, Chapter 57. A preliminary injunction may be issued if the claimant establishes that: -the actions to be prohibited infringe upon the claimant's rights; -the infringer will carry on with the actions to be prohibited; and -the position of the rightholder is jeopardized if the claimant is referred to claim his right by means of ordinary legal proceedings. The court will - depending on the circumstances - often require that the claimant provides security, cf. the Administration of Justice Act, Section 644. The amount of security is determined by the court and depends on the possible harm resulting from the injunction should it prove unjust. Security is most often provided in the form of a bank guarantee. The injunction is a provisional remedy and has to be confirmed by a confirmatory action before the ordinary courts, cf. the Administration of Justice Act, Section 634, cf. Section 648. The case has to be brought before the court within 14 days from the issuing of the injunction. If a case regarding the claim in question is already pending before the ordinary courts, the time-limit for bringing the case before the court is only eight days from the issuing of the injunction, cf. the Administration of Justice Act, Section 634(1) and (2). (b)damages, including recovery of profits, and expenses, including attorney's fees The rightholder may claim both remuneration for the exploitation as well as damages. (i)Remuneration The Danish IPR Acts contain provisions stating that the infringer is obliged to pay fair remuneration for the exploitation of the right, cf. the Copyright Act, Section 83(1), the Patent Act, Section 58(1), the Registered Designs Act, Section 36(1), the Trademark Act, Section 43(1) and the Topographies Act, Section 14. Remuneration for the exploitation of the rights infringed upon may be awarded irrespective of whether the general conditions for claiming damages are met. The guideline for establishing the amount of the remuneration is that the infringer shall at least pay a reasonable licence fee. (ii) Damages, etc. Damages may be claimed in accordance with all Danish Acts on IPRs, cf. the Copyright Act, Section 83(1), the Patent Act, Section 58(1), the Registered Designs Act, Section 36(1), the Trademark Act, Section 43(1) and the Topographies Act, Section 14. The amount of damages is always estimated by the courts, the principle being that the plaintiff may claim 100 per cent indemnification for his loss. Under Danish law, it is recognized that a plaintiff may claim damages for his loss of sale, the loss connected due to disruptions on the market as well as certain losses regarding "internal" expenses, including expenses incurred prior to initiating legal action in order to establish the existence of an infringement, e.g. investigations, acquisitions, etc. Normally, loss of sale is the largest of the amounts mentioned. Damages may be claimed where the rightholder has a ready-made production which cannot be sold as planned and where this is due to any actions of the infringer. Loss of sale may also be covered where production has not been completed, and in this situation calculation of the loss includes recovery of profits as a starting point. Specifically as regards copyright infringements it follows from the Copyright Act, Section 83(3), that a copyright holder may obtain compensation for non-financial damages. This right may be exercised where an infringement of droit moral has occurred. The Administration of Justice Act, Section 312(1), provides that the losing party pays to the winning party the costs caused by the proceedings unless the parties have agreed otherwise or unless the court - due to special circumstances - decides otherwise. However, there is no possibility for obtaining damages for expenses held that were not necessary for the proceedings, cf. Section 312(2). (c)destruction or other disposal of infringing goods and materials/implements for their production As an accessory to the injunction (and in case of the infringer's violation of the injunction), the bailiff's court may seize the infringing goods and tools used for the manufacture of the infringing products, cf. the Administration of Justice Act, Section 645. In a confirmatory action, the court may, if requested by the plaintiff, require the destruction or alteration of the goods and tools, cf. the Copyright Act, Section 84, the Patent Act, Section 59, the Registered Designs Act, Section 37, the Trademark Act, Section 44 and the Topographies Act, Section 15(1). The rightholder may also acquire the infringing goods at a price laid down by the court. (d)any other remedies If the infringer deliberately violates an injunction, penalty in the form of fines or imprisonment may be imposed. The infringer may also be found liable to pay damages, cf. the Administration of Justice Act, Section 651.]