Bugge Valentin

Website: www.buggevalentin.com
Tel: +45 3333 1111 (Anders Valentin)

Chairman: Jens Jakob Bugge
Managing Partners: Christian Kragelund
Number of Partners: 3
Number of Lawyers: 9 (including 3 partners)
Working languages: Danish and EnglishFirm Overview:
BUGGE VALENTIN, established in Copenhagen on 1 February 2020, is the only Danish full-service IP, marketing practices and tech boutique law firm in Denmark.Practice Areas:
• Intellectual Property and related competition law (litigation, strategy, and rights)
o Copyright
o Designs
o Marketing practices/unfair competition
o Patents
o Trademarks• Life Sciences
• Media regulation
• Trade secrets
• IT & Technology
• Data protection regulationRecent or impressive work in this area:
• BUGGE VALENTIN represented seven individuals with the family name Ør-sted in a trademark dispute against Ørsted A/S. Hans Christian Ørsted was a physicist and chemist who discovered electromagnetism. This is by far the biggest ever dispute in Denmark regarding the renaming and rebranding of a company (name) and probably the biggest trademark dispute in Denmark so far. The Maritime & Commecial High Court found in favour of Ørsted A/S. The judgment was appealed to the Supreme Court, which allowed the appeal and also found in favor of Ørsted A/S on 11 December 2020. The judgment is seen as controversial and has raised questions e.g. among a number of IP pro-fessors.
• We represented the leading European research-based manufacturer of silici-um-based water filters Cembrane in a complex of cases pending regarding al-leged patent infringement. In an action for preliminary injunction against our client, we were able to fend off the motion for preliminary injunction on the basis of non-infringement and passivity. We were also able to successfully overturn a decision in relation to a seizure of evidence order. • We represent Sandoz in various contentious matters.
• We act for Orkla in connection with its high-profile trademark case against the Danish Trade Marks Office and competitor Estrella in a principled case currently on appeal at the High Court. The case concerns Orkla’s registration as a 3D trademark of the iconic SNACK chips, with its special rectangular and curved shape. Further, we represent Orkla against the competitor in a case regarding infringement on Orkla’s trade dress, which is currently on appeal at the High Court.
• BUGGE VALENTIN advises Universal Robots A/S in a possible opposition to the registration of the trademark “KOBOTS” in Denmark. Universal Robots A/S is one of the world’s leading manufacturers of so-called “cobots”, i.e. col-laborative robots, and the registration of “KOBOTS” as a trademark might jeopardize their market position and involve costly legal proceedings. After having preliminarily accepted registration of the mark, the Danish Patent and Trademark Office changed its decision to a full preliminary refusal on 12 Feb-ruary 2021 - explicitly on the basis of BUGGE VALENTIN’s remarks to the application. The application was withdrawn in June 2021.
Key Clients: Orkla, Haribo, Orifarm, Abacus Medicine, Deere & Co., Hästens Sängar, Visma Bluegarden, Japan Tobacco International, Sandoz, STADA and Arne Jacobsen Design.IT & Technology
Recent or impressive work in this area:
• BUGGE VALENTIN represents Skechers a highly principled preliminary in-junctive appeal’s proceedings before the Eastern High Court relating to Te-lia’s obligations as a network operator to block for access to websites, which infringes the trademark and copyrights of Skechers. The case is principled as the High Court confirmed that trademark infringements on the internet can form basis for preliminary injunction against network operators pursuant to the Enforcement Directive, even though the network operators are not at fault. Further, the High Court confirmed that a claim for injunction can in-clude so-called “mirror sites”.
Key Clients: Universal Robots, Mobile Industrial Robots and Skechers.Life Sciences
Recent or impressive work in this area:
• BUGGE VALENTIN represents Orifarm, which had been sued before the Maritime & Commercial High Court in ordinary proceedings by the plaintiffs Glenmark Pharmaceuticals and CELON PHARMA Spółka Akcyjna (S.A.). The court made its judgment early 2021 finding in favour of Orifarm in respect of the IP/parallel imports dispute and in favour of the claimants in respect of the marketing practices conflict. Both parties appealed the judgment to the Eastern High Court. The dispute concerned alleged trademark infringement and violations of the marketing practices act based upon CJEU’s case law on parallel imports including the interpretation of the falsified medicines di-rective. On 15 December 2021, the Eastern High Court ruled in favour of Ori-farm with regard to all aspects of the case, i.e., both with respect to the IP/parallel imports dispute and with respect to the marketing practices con-flict.
• BUGGE VALENTIN represents Abacus Medicine in 3 separate disputes be-fore the Maritime & Commercial High Court instigated by MSD and Novartis respectively regarding the interpretation of the newly coming into force di-rective on falsified medicines in conjunction with parallel imports of medi-cines.
• The team has won a number of significant victories for the client Sandoz, in-cluding in a matter, which concerns Gilead’s attempted enforcement of its Tenofovir SPC. The team managed – for the first time in a Danish patent case – to have the court that granted the PI lift the PI again while the case was pending on appeal at the High Court. The team further won a landmark victo-ry in which the High Court acknowledged that the Danish courts’ general practice on legal costs award in IP cases was not compliant with the Enforce-ment Directive. This decision was a land-mark decision on costs in IP cases.
• Our team has represented world-leading DNA-sequencing player, Illumina, in litigation brought against the Danish affiliate company of Chinese competi-tor MGI/BGI having infringed both patent and trademark rights of Illumina in several jurisdictions in Europe as well as the US.
Key Clients: Orifarm, Sandoz, Abacus Medicine, Illumina, MC2 Therapeutics, Jennewein Biotechnologie and Ascendis Health, STADA, INSUD Pharma, TEVA, Amyndas.Offices
Havnegade 23-25
DK 1058 Copenhagen
Denmark
Tel: +45 3333 1111 (Anders Valentin)