SKATs disclosure of information about suspected counterfeited and pirated goods found within the national borders of Denmark

From 1 January 2009 it is possible for SKAT to inform the rights holders about suspected counterfeited and pirated goods found in Denmark

The 1 January 2009 Act No. 1404 of 27 December 2008 regarding a strengthening of the enforcement regarding counterfeiting and piracy came into force.

The act includes a change in the Danish trademark law, design law, patent law, utility model law and copyright law, which enables SKAT to disclose information found during e.g. a audit regarding VAT, at shops and flea markets etc. if they get a suspicion that the goods could be counterfeited or pirated.

With the new legislation it is made possible to deviate from the rules of professional secrecy, so SKAT is authorised to inform the rights holder when discovering products that are suspected to be counterfeited or pirated. The purpose is to allow rights holders to respond to the presumption of an infringement  of his rights by e.g. conducting further investigations.

It will only be in the situations where SKAT by coincident becomes aware of such products, when the tax and customs authority carries out its usual tasks and checks. SKAT has not by these changes in the legislation been given an extension to its powers.

The new possibilities for sharing information regarding suspected counterfeited and pirated goods have already been used, e.g. in a check at the border between Germany and Denmark.