Enforcement of Industial Property Protection

     The holder of the industrial prpoerty rights has exclusive rights with respect to the use of the invention / process / product / design / mark .. etc. by the third parties, without the consent of the right holder. Third parties cannot produce, put on the market, sell, offer, import, put to commercial use or keep in stock for this purposes the product in which such a right is incorporated or to which it is applied.

     Infringing parties who have committed the infringing acts are liable for compensating the damages incurred by the right holder.

     The injury suffered by the right holder include not only the value of the actual loss but also the income loss incurred because of the infringement of the rights.

     The loss of income shall be calculated in accordance with one of the following evaluation methods, on the option of the right holder who has suffered the injury:

     a) according to the possible income that the right holder would have generated if the competition of the infringing party did not exist;
     b) according to the income generated by the infringing party from the use of the right;
     c) according to a license fee that would have been paid if the party infringing the rights would have utilised the right under a legal licensing contract. In calculation of the profits surrendered, in particular the economic value of the product, the term of protection remaining at the time of infringement, the type and member of licenses outstanding and similar shall be taken into consideration.

     Where the right holder has selected one of the evaluation options specified above; the Court may add on a reasonable extra amount if in courts opinion design contributes substantially to the economic value of the product.

     The right holder may request extra damages for the harm incurred from the poor quality production of the right and improper marketing means utilised by the party infringing the industrial property right which were detrimental to the reputation of the rights.

     Where a court judgment has become final, the successful party may request the publication in full or in summary of the final judgement in a daily paper, radio, television or by other means of the media, the costs of which to be met by the other party.

    

 

 

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