Corrective measures in infringement proceedings. (1) Without prejudice to any damages due to the injured party by reason of the infringement, and without compensation of any sort, the Court may order, at the request of the applicant, that appropriate measures be taken with regard to goods found to be infringing patent rights and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods. (2) Such measures shall include: (a) declaration of the fact of infringement; (b) recall from the channels of commerce; (c) depriving the product from its infringing property; (d) definitive removal from the channels of commerce; or
Appears in 7 contracts
Samples: Unified Patent Court Agreement, Draft Agreement on a Unified Patent Court, Draft Agreement on the European and Community Patents Court
Corrective measures in infringement proceedings. (1) Without prejudice to any damages due to the injured party by reason of the infringement, and without compensation of any sort, the Court may order, at the request of the applicant, that appropriate measures be taken with regard to goods found to be infringing patent rights and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods.
(2) Such measures shall include:
(a) a declaration of the fact of infringement;
(b) recall from the channels of commerce;
(c) depriving deprive the product from its infringing property;
(d) definitive removal from the channels of commerce; or
Appears in 1 contract
Samples: Draft Agreement on the European Union Patent Judiciary
