Denmark

Country code: 

DK

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Creator / successor in title

Default (statutory) regime for employee’s creations

Employer (if within scope of employer's business)

Ownership of research results in publicly sponsored research

No, same as for companies. No professor's privilege.

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

No

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

No

Related law (name & link)

The Consolidate Employees’ Inventions Act

Dissemination rules: 

Limitations on publication

No, but bear in mind the novelty requirement of a patent which is forever destroyed if publication preceeds patent application. Also, bear in mind any other agreement relating to the research project.

Specific rules regarding publication of scientific results financed by public bodies

No, but bear in mind the novelty requirement of a patent which is forever destroyed if publication proceeds patent application.

Non-disclosure clauses in research contracts

This is allowed and frequent.

Specific incentives for innovation activities: 

Related Law (name & Link)

General information on R&D funding and financial incentives

A Danish language overview of public funding programmes

Incentives provided by law for individual researchers

Lower personnel wage tax for researchers and key staff

Related Law (name & Link)

Tax scheme for foreign researchers and key employees

Incentives provided by HEI for researcher

There are many political and economic means that incentivize and decentivize both the university and the individual researchers to innovate. Examples include national innovation policies, national research agendas, institutional strategies, the call content of funding bodies, personal motivations.

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

Transfer of rights / Licence

No

No

Each university has their own department for this. Example from the University of Copenhagen (linked here)

Information not provided

Creating of spin-off companies

Yes, but they are related to the generic process of establishing a company.

Yes. Universities may own shares in spin offs but must remain a minority owner (i.e. >50 % of the shares).

Each university has their own department for this. Example from the University of Copenhagen (linked here)

Information not provided

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

Yes

Yes, but they do not state the amount yet only that remunerations is a vital part of cooperation and should not be overlooked.

No, it is up to each HEI to create internal standards for revenue sharing.

This varies from HEI to HEI but as an example Aarhus University gives the research team one third of the revenues as an additional salary (linked here)

Information not provided

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Model agreement on commissioned research

Model agreement on co-financed research (two parties)

Model agreement on co-financed research (more than two parties)

Model agreement on co-financed PhD study

Model agreement on Industrial PhD project

The Johan Schlüter Committee has outlined five model agreements tailored for various types of research collaboration.

http://ufm.dk/en/research-and-innovation/cooperation-between-research-an...