Attorney-client privilege for European Patent Attorneys in Denmark

23 May 2018

The Danish Parliament has unanimously passed a bill on witness exclusion for European Patent Attorneys in Denmark. The European Patent Attorney’s advice will therefore now be treated as confidential on equal terms with the advice of a Danish lawyer.

“This is really good news!” says Zacco senior partner and European Patent Attorney Bent Lundsager and continues: “Within the IP business, we have been waiting for this change for a long time. With this change in Danish law, clients can obtain advice from their European patent attorney and they can rely on the European patent attorney being allowed to keep silent on anything that may have come to his/her knowledge as a consequence of the client/patent attorney relation even if the case goes to court.”

The change is especially important for companies active in the US market – or with the intention to enter the US market. US attorneys are ensured witness protection through their client-attorney privilege and are therefore not obliged to submit any written advice from their patent attorney in an US infringement lawsuit. Though, up until now, Danish European Patent Attorneys have not had the same protection and would therefore have to submit their written advice. This inequality will be balanced with the new legislation.

The law will come into force 1^st July 2018.