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III.—Encroachments, Infringements, and Penalties.
§ 15.
Every infringement of the right to a mark, be it by the illegal appropriation or counterfeit of the same, or by the sale of goods unlawfully marked in such wise, establishes the right of the aggrieved party to insist upon the stoppage of the further use of the illegal mark, and the removal of the same from goods marked therewith, in so far as they are intended for sale. He can also demand that the implements and contrivances, exclusively or especially serviceable for producing counterfeits of the marks, shall be rendered useless.
Claims of the aggrieved party to compensation for damage sustained by the infringement of his right to the mark are to be estimated in accordance with the Civil Law.
§ 16.
A counterfeit exists when the marks in question are not to be distinguished without more than ordinary attention.
§ 17 .
The provisions contained in § 15 apply in like manner to those persons—
(a.) Who fraudulently appropriate the name, firm, arms, or special style of the establishment of another inland manufacturer or producer in order to mark goods intended for sale.
(b.) Who introduce products or trade articles, which are furnished with an unlawful mark of this kind.
§ 18.
If the infringement (§15 and 17) has been knowingly perpetrated, a fine of fi. 25-500 is to be inflicted on the delinquent besides the punishment that may apply in such cases as are provided against by the Criminal Code.
§ 19.
In case of a renewal of the offence, the punishment may be doubled.
In case of a recent renewal of the offence, the punishment of a week to three months’ arrest will be inflicted on the delinquent, in addition to the fine.
§ 20 .
If the fine should prove seriously detrimental to the circumstances or pursuit of means of subsistence of the delinquent or his relations, or should prevent his pay ment of the compensation arising out of the culpable act, it is to be altered to one day’s arrest for each five guldens.
§ 21 .
The magistrate can also decree that the judgment be published.
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§ 22 .
The fines go to the poor box of the place where the offence was committed.
Claims and penalties respect to encroachments, &c.
What constitutes a counterfeit.
Penalties when and to whom applied.