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Law Of Patent

Acts constituting infringement of Rights conferred by a Patent

a.) Imitating; by producing in whole or in part of a product, subject of the invention, without the consent of the patent holder,

b.) Selling, distributing or commercializing in any other way, or importing for such purposes of products or keeping them in possession for commercial purposes or using by applying such products, manufactured as a result of an infringement, where the person concerned knows or should know that such products are imitations in whole or, in part,

c.) Using the patented process or selling, distributing or commercializing in any other way or importing for such purposes or using by applying the products directly obtained through such patented process; without the consent of the patent holde,

d.) Enlarging the scope of the rights granted by the patent holder on the basis of a contractual license or granted by compulsory license or transferring such rights to third persons, without permission,

e.) Participating in acts foreseen in subparagraphs 1 to 4 of this present Article, or assisting or inducing / encouraging them or facilitating, in any way and under any circumstances, their occurrence / perpetration,

f.) Refraining from declaring the source from where and the manner how the products, found in possession and manufactured or commercialized, unlawfully, were obtained.

A proprietor of a patent whose rights are infringed may, in particular, appeal for the following at the Court:

a.) for the cessation of the acts in infringement of right conferred by a patent,

b.) appeal for remedies of infringement and request for compensation of material and moral damages/prejudices incurred,

c.) request the confiscation of products manufactured or imported, in infringement of rights conferred by a patent, of means directly used in manufacturing such products and of means permitting the use of a patented process,

d.) appeal for the proprietorship over the products and means confiscated in accordance with subparagraph three of this present paragraph. In such case, the value of said products shall be deducted from the amount of compensation awarded. Where the value of said products happen to be above the amount of compensation awarded, the proprietor of the patent shall repay the excedentary balance to other party.

e.) appeal for precautionary measures for preventing the continued infringement of rights, conferred by a patent, especially modifying the shapes of the products and means, or, where inevitable for the preclusion of acts of infringement, the destruction of the products and means confiscated according to subparagraph three of this present paragraph.

f) request the disclosure by means of publication, to the public and to those related, of the court’s judgment rendered against the party infringing the rights conferred by a patent who shall bear the costs for such publication.

Compensation

A person who, without the consent of the proprietor of a patent, produces, sells, distributes or puts in commerce under any form or imports for these purposes or keeps in possession for commercial purposes, a product under patent protection or makes use of a process under patent protection shall be liable to remedy the unlawful situation and to compensate the prejudice/damages he has caused.

A person using, in any way, an invention under patent protection, who has been informed by the proprietor of the patent, of its existence and of the infringement of same, and who has been requested to stop such infringement, or where such use constitutes a faulty behaviour, shall be liable to compensate the damages/prejudice he has caused.

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