According to established case law, section 1 of the Danish Marketing Practices Act provides a certain security against unfair competition, also in cases when the marketing of a product is not infringing any immaterial rights. The rule includes protection against imitations or close copies of a product on the market, which is the result of an independent effort and which has certain amount of distinctiveness. For more information about good marketing practices, see the website of the Danish Consumer Agency.

Sanctions against violations of section 1 do not exist as such, and customs authorities cannot withhold products at the European border on the basis that they constitute a violation of good marketing practices.  

However, the rule may be enforced through civil law measures such as securing evidence and injunctions, and violators may be subject to payment of damages.

Last updated: Wednesday, August 31, 2011