page 84
Article 421: Applications to obtain the payment of damages from the court in accordance
with Article 420 may only be filed after the grant of the industrial property title
in question.
These provisions shall only apply to applications relating to industrial designs
after January 1, 2016.
Article 422: The court shall order the party at whose request measures were taken and who
has abused procedures for the enforcement of industrial property rights to
provide to a party wrongfully enjoined or restrained appropriate compensation
for the injury suffered because of such abuse.
Section 2: Other corrective measures
Article 423: Once it has been established that goods have infringed a right, the court shall
order, in order to create an effective deterrent against infringements of rights and
in view of the need to strike a balance between the seriousness of the
infringement and the damages as well as the legitimate interests of third parties,
without compensation, that the goods be destroyed or that they be removed from
commercial channels so as to avoid causing injury to the right holder.
The court may also order that the materials and instruments which were
primarily used to create or manufacture the goods in question be removed from
commercial channels without compensation, so as to minimize the risk of new
infringements.
For counterfeit trademark goods, merely withdrawing the unlawfully affixed
mark shall not be sufficient, barring exceptional circumstances, to allow the
introduction of the goods into commercial channels.
Article 424: In the event that a person is found to be at fault with regard to Articles 383 to
401, the court shall order, in order to create an effective deterrent against
subsequent infringements, the seizure, confiscation or destruction of the
counterfeit articles and of all materials and instruments which were primarily
used to commit the criminal offense.
Article 425: If it deems it necessary, the court may order the infringer to inform the right
holder of the identity of the third parties who participated in the production and
distribution of the goods or services involved, as well as of their distribution
channels.
Article 426: Any decision handed down by a commercial court in proceedings for
infringement of industrial property rights may be appealed.
TITLE III: BORDER MEASURES
Chapter I: Border measures taken by the customs administration
Section 1: Suspension of customs clearance procedures