While issuing an injunction against the marketing etc. of the product, the Maritime and Commercial High Court refused to issue an injunction against exportation.
During the proceedings, the patentholder submitted, amongst other things, that the Danish Patents Act, section 3 should be interpreted as containing a right prohibit exportation (even though it is not explicitly mentioned in the section of the Act). It was further emphasized that case law had previously accepted to issue injunctions covering also exportation. In spite hereof, the Maritime and Commercial High Court chose, by applying a strict literal interpretation of section 3, not to allow an injunction against exportation (but did provide the patentholder with an injunction against marketing etc. of the product).
The case illustrates the limitation of the exclusive rights granted by a patent, and highlights that the exclusive rights are exhaustively listed in section 3 of the Danish Patents Act. It is unknown whether the case has been appealed.
