118
IV .—Jurisdiction and Procedure. __
§ 23.
The trial and decision as to infringements (§15 and 17), as well as the examination into and punishment of them, as denoted in § 18 and 19, is the duty of the Political Administrative Jurisdictions of First Instance, in accordance with the existing regulations for the procedure and successive appeal in the case of trade encroachments and infringements.
The Political Jurisdiction also decides the disputes which arise about the right to the mark, its priority and transfer, and the question as to the identity of several marks.
But as regards the claims for compensation mentioned in § 15, the decision is given by the Civil Judge.
§ 24.
A trial for punishment on account of the infringements specified in this law can only be instituted on the application of the injured party, unless a culpable act has been committed which is to be proceeded against ex officio, according to the Penal Code, by the Criminal Courts.
Jurisdiction and pro- But if he withdraws his application for punishment of the accused before the cedure- announcement of the authoritative decision, all punishment as well as all further
inquiry with that object in view will be put an end to, without prejudice to his claims to compensation, at Civil Law.
§ 25.
As often as it is a question of comparing two marks in order to prove an infringement, the authorities are to obtain a report from unprejudiced experts.
When drawing up a report, the parties to the dispute are to be present, and their explanations and possible objections to be heard.
A report can only be contested on account of doubts as against the experts, or on account of informalities. If it is defective or vague, its rectification may be insisted upon.
Review of it is not allowed.
§ 26.
The aggrieved party is entitled to demand, even before the decision of his plaint, the confiscation or other custody of the goods and implements used for counterfeiting, mentioned as being in contravention of this law.
The Political Jurisdiction are to order this to take effect immediately after production of the sample of the mark issued and authenticated in accordance with § 10 .
It is, however, left to their discretion, to demand a temporary security for abuse and injury to the accused.
V.— Temporary Provisions.
§ 27.
Additional provisions Those manufacturers also, who already use a mark, can acquire the exclusive
relating to trade marks. . , , , ... 3 . , ,, . .
right to use it only according to the provisions ot this law.