CHAPTER VIII: LAWSUIT FOR INFRINGEMENT OF TRADE MARK

 

Article 72

  1. The owner of a registered trade mark may file a lawsuit against a person or legal entity who unlawfully uses his trade mark for goods and services which has similarity in its essential part or its entirety with his trade mark.
  2. The lawsuit as referred to in paragraph (1) shall be filed at the District Court as referred to in Article 52.

 

Article 73

The lawsuit as referred to in Article 72 may also be filed by a licensee of a registered trade mark either alone or together with the owner of the pertinent trade mark.

 

Article 74

(1) Upon a request of the owner of a registered trade mark or the licensee of a registered trade mark as the plaintiff, a judge may order the defendant to cease the trade in goods or services which use said trade mark without right thereto during the hearings and to prevent greater damages.

(2) Where the defendant is also demanded to surrender the goods which use the trade mark without right thereto, a judge may order that the surrender of the goods or the value of the goods be carried out after the decision of the Court has become final and binding, and after the plaintiff has paid the price thereof to the defendant.

 

Article 75

No appeal may be filed against a decision of the District Court as referred to in Article 72 paragraph (2).

 

Article 76

The right to file a claim as regulated in this Chapter shall not detract from the right of the State to prosecute criminal offenses in this field of trade marks.

 

 

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