Design

Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

Infringement of the exclusive right granted by a registered design may be punishable with a fine.

Industrial designs

Civil and criminal law remedies are applicable in case of infringement. Civil remedies include the compensation of damages and termination of the violation.

Preliminary injunctions and remedies are possible in accordance with general procedural rules.

Criminal sanctions have been recently reinforced, but they are rarely applied.

Not applicable.

Not applicable for this jurisdiction.

Not applicable for this jurisdiction.

Not applicable for this jurisdiction.

Industrial designs

An industrial design owner has the exclusive right to exclude others from making, selling or importing articles embodying the description claimed by an industrial design registration. As such, an industrial design registration can be enforced when others copy or substantially copy the design.

Damages (or, alternatively, the profits of the infringer), an injunction, disposal of the infringing products and punitive damages are available under the statute.

The Industrial Design Act states that only an injunction can be awarded against an industrial design infringer that was not aware, and had no reasonable grounds to suspect, that the infringed design was registered. This defense cannot be raised by the infringer in instances where an industrial design marking (ie, “Ⓓ”) and the name of the proprietor of the design are marked on the articles featuring the design or the packaging associated with those articles.

The holder can require the cessation of acts that violate the industrial design and industrial drawing, claim damages, the implementation of necessary measures to prevent the infringement from continuing and the publication of the judgment at the expense of the convicted person, through advertisements in a newspaper of the rights holder's choice.

With regards to criminal actions, the law provides for fines from UTM25 to UTM1,000 (approximately USD1,750 to USD70,000).

Not applicable for this jurisdiction.

Industrial designs

The owner of an industrial design right may claim the protection of its right with the Colombian ordinary jurisdiction, as well as the Superintendence of Industry and Commerce in the exercise of its judicial powers.

It should be noted that in the Andean Community, the courts of 1st or last instance that decide cases related to Intellectual Property are required to shall request a mandatory prejudicial interpretation from the Andean Community Court of Justice. The Andean Community Court of Justice must provide a prejudicial interpretation regarding the applicable law an opinion on the case which shall be applied and considered by the judge prior to issuing a decision.

Furthermore, industrial designs are protected by the criminal law. For this reason, infringements may be investigated by the general prosecutor and penalized by the criminal courts with fines of up to 1,500 minimum monthly wages (approximately USD378,560.08) and prison sentences between 4 and 8 years.

Denominations of Origin

Article 238 of Decision 486 states that the owner of the rights protected under this Decision may take legal action before the competent national authority against any person who infringes their rights, including denominations of origin.

It should be noted that in the Andean Community, courts of 1st or last instance deciding cases related to Intellectual Property are required to request a mandatory prejudicial interpretation from the TJCA. The TJCA must provide a prejudicial interpretation regarding the applicable law on the case, which shall be applied and considered by the judge before issuing a decision.

Not applicable for this jurisdiction.

Designs

Interim injunctions may be granted.

It is possible to obtain a court order for destruction, withdrawal, removal, handover or modification of infringing products. 

An equitable remuneration may be granted for the unauthorized use of the design, and further damages may be granted if the design owner can prove a loss due to less quantities sold, market disturbance or other relevant loss caused by the infringement.

Compensation for non-economic damages may be awarded.

A fine or imprisonment may be ordered by the court in cases of bad-faith intent or gross negligence under more severe circumstances.

Not applicable.

Registered designs

A design infringement lawsuit may be brought by the recorded owner of the registered design whose rights have been infringed, or by the exclusive licensee duly recorded with the INPI, before either the criminal or civil courts.

Since 2019, such infringement action must be brought within 5 years of the acts concerned, provided such action is not subject to any other statutes of limitations.

The unauthorized use of a registered design constitutes infringement.

In assessing infringement, the French courts take into account the overall visual impression that the design created for the informed observer, setting aside insignificant differences.

French courts take the following into consideration when determining the amount of compensatory damages to award:

• The negative or detrimental economic consequences of infringement, including lost gains and losses suffered by the rights holder.

• The moral harm suffered by the rights holder.

• The profits earned by the infringer, including intellectual, tangible and promotional investments saved or not incurred by the infringer.

As for patents and trademarks, as an alternative and on request of the registered design owner, the court may set the damages as a lump sum. The lump sum must be greater than the royalties that would have been owed if the infringer had sought a license. This amount is not exclusive of compensation for moral harm caused to the registered design owner.

Before the criminal courts, an infringer faces a fine of up to EUR300,000 (or EUR750,000 in certain circumstances) and imprisonment for up to 3 years (7 years in certain circumstances).

Databases

For copyright-grounded remedies, see the "Copyrights" section.

Under the sui generis protection, the database producer may prevent extraction and/or re-utilization of the whole or of a substantial part of the database, evaluated qualitatively and/or quantitatively, of the content of that database. The database producer may also prevent repeated and systematic extraction or re-utilization of non-substantial parts of the database, when such operations exceed the normal conditions of use of the database.

Before the criminal court, an infringer faces a fine of up to EUR300,000 (or EUR750,000 in certain circumstances) and imprisonment for up to 3 years (7 years in certain circumstances).

Different remedies are available, but the most commonly sought remedies are injunctions for cease-and-desist and claims for damages. Damages may be calculated as adequate license fees, infringer's profits or lost profits of the rights holder. In order to calculate damages, the rights holder can ask for a rendering of accounts.

The rights holder may make a claim for recall and destruction of infringing products. Customs seizure is available to stop import into German or European territory based on the type of design.

Costs for legal prosecution (ie, court fees and attorney fees) are recoverable up to a certain amount established by statutory German law.

The registered owner of the design enjoys an exclusive right to the design in relation to the article for which the design is registered. If a 3rd party used the design in the course of business in Hong Kong in relation to the same or similar articles without the consent of the registered owner, the 3rd party would be liable for infringement.

Available remedies include damages, an injunction, order for delivery up or disposal, an account of profits or other relief available to the plaintiff as is available in proceedings in respect of the infringement of other proprietary rights.

However, there are general restrictions on the recovery of damages or profits. The court shall not award damages or make an order for an account of profits against the defendant if it is proven that they were not aware and had no reasonable grounds for believing that the design was registered at the date of the infringement.

Relief for groundless threats of infringement is available. Relief may be in the form of a declaration that the threats are unjustifiable, an injunction against the continuance of the threats or damages for any loss that has been sustained by the threats.

Not applicable for this jurisdiction.

If an industrial design is infringed, the penalty is up to INR25,000  per offense, with a maximum total of INR50,000 for one design. The registered proprietor can file a civil suit to recover damages or seek an injunction.

Industrial design

Compensation, injunction or a combination of the 2 may be ordered by the Commercial Court as remedies for infringement. Criminal sanctions are in the form of imprisonment and/or fine.

Designs

The primary remedies available to a trademark owner in relation to infringement are:

• Injunctive relief
• Damages
• An account of profits and/or
• An order for seizure, forfeiture, destruction or delivery up of the infringing product

Designs

An infringement of rights under the Design Law constitutes a tort and the Torts Ordinance [New Version] applies to it, subject to the specific provisions of the Design Law. Remedies include injunctions, monetary awards, and the seizure and disposal of infringing materials.

With respect to monetary awards, two routes are available: (i) actual damages and recovery of profits gained by the infringer, or (ii) statutory damages at the claimant’s request; the court may award statutory damages for each infringement in an amount not to exceed ILS100,000 (approximately USD28,000).

In case of design rights infringement, the claimant is presumptively entitled to injunctive relief, unless the court finds grounds that justify not ordering such relief.

Any person with reason to fear for the infringement of rights belonging to them, or who seeks to prevent the continuation or repetition of an infringement which has already occurred, may commence legal proceedings to ensure that their right is recognized and the infringement is put to an end. In such circumstances, the right holder will be entitled to remedies, such as injunctions and damages.

Injunctions can be granted also as preliminary measures, by way of a summary proceedings, which could stop the infringement within a very short time, and also ex parte. The court may also order the seizure of the products and of all matters related to the infringement.

Criminal sanctions may apply under certain circumstances.

Not applicable for this jurisdiction.

The exclusive right shall allow the holder to claim compensation for the infringement acts.

Legal action must be taken through the court.

Other than an injunction, the key available remedies include penalties and claims for damages. The Benelux Convention on Intellectual Property also allows for the option to request a transfer of the profits generated through the infringement. Furthermore, the rights holder may seek the recall or destruction of the infringing goods as well as the equipment used to manufacture them.

Not applicable.

Not applicable for this jurisdiction.

Design

The remedies available for infringement include damages, an accounting of profits and injunction. However, in the case of innocent infringement, neither damages or accounting of profits is available.

Criminal penalties are also possible in certain circumstances.

Geographical Indications

Any person who has an interest in upholding the restrictions on the use of a registered GI may take civil legal action against a person infringing a registered GI. Any person may also report a misuse of registered GIs to the Ministry for Primary Industries.

Where the court determines there has been an infringement, it may order one or more of the following remedies:

• an injunction requiring the person to stop infringing.
• the payment of damages or account of profits arising from any infringing use.
• the erasure or removal of the infringing GI from infringing goods and infringing material. If this is not reasonably practical to do, the infringing goods or infringing material may be destroyed.
• the delivery up and disposal of infringing goods, infringing material and infringing objects.

Information not provided.

Design

The remedies for design infringement include equitable and reasonable compensation for the use and compensation for losses and further injuries caused by negligent or willful infringement. The court may also order that products or materials infringing the design can be recalled from stores, delivered to the design owner or destroyed.

Injunctive relief and criminal penalties are also possible remedies.

Not applicable.

Not applicable in this jurisdiction.

Polish law provides remedies for the right-holders of industrial designs to combat infringements, eg, they may demand (i) the cessation of the infringement, (ii) compensation for damage incurred (also by paying a lump sum equal to a license fee), and (iii) the return of unfairly gained profits. Furthermore, under Polish law, it is possible to pursue claims to prohibit actions constituting a threat of infringement of a registered design. The holder of the right to an industrial design may also seek a preliminary injunction before initiating the main proceedings, under which, for example, the infringing actions – such as manufacturing, offering and selling the infringing products – must be ceased and the infringing goods seized and held for the duration of the main infringement proceedings before the court. The possibility of filing a request against an infringer to disclose certain information and evidence (before or during the main proceedings) is also available (please see preceding sections, eg, on patents or trademarks). The same rules as in patent infringement cases apply with regard to the court order concerning the costs of the proceedings.

Logos

Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including logos, or a trade secret right the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever illegally violates the industrial property rights or trade secret rights of another person with intent or by negligence will be obliged to pay a compensation to the injured party for the damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court will take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne with the protection of the right in question and the investigation and termination of the harmful conduct, as well as personal injury, will also be taken in consideration.

If it is impossible to quantify the losses effectively suffered by the injured party, the court may – provided this is not opposed by the injured party – alternatively define a fixed amount with recourse to equity that is based, as a minimum value, on the remuneration that the injured party would have received if the infringer had requested authorization to use the industrial property rights in question and the costs borne with the protection of the industrial property right and the investigation and termination of the harmful conduct.

Improper using of a logo is punishable as crime with imprisonment up to 3 years or a fine.

Designs or Models

Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs or models rights, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

Whoever violates the industrial property rights of another person with intent or by negligence will be obliged to pay compensation to the injured party for the damages resulting from the violation.

In determining the amount of compensation for losses and damages, the court will take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne with the protection of the right in question and the investigation and termination of the harmful conduct, as well as any personal injury, will also be taken in consideration.

If it is impossible to quantify the losses effectively suffered by the injured party, the court may – provided this is not opposed by the injured party – alternatively define a fixed amount with recourse to equity that is based, as a minimum value, on the remuneration that the injured party would have received if the infringer had requested authorization to use the industrial property rights in question and the costs borne with the protection of the industrial property right and the investigation and termination of the harmful conduct.

Design or model violation or undue use may also be criminally punished with imprisonment up to 3 years or a fine.

Damages may include actual damages or loss of profit resulting from the infringement. Industrial design infringement is considered a criminal offense punishable in certain conditions with imprisonment.

Costs and reasonable attorneys' fees are recoverable.

Injunctive relief is also an available remedy. The owner of the industrial design may file a request for intervention with the Romanian customs authorities in order to prevent importation of counterfeit products.

Not applicable.

Not applicable.

Not applicable for this jurisdiction.

Utility models

In the case of an unauthorized interference with the rights, the owner of a utility model is entitled mainly to seek prohibition of unlawful interference of the rights or threats to the rights and removal of the consequences of such interference. If, due to such interference with the owner's rights, any damage has been caused, the owner shall have the right to damages including loss of profits. If non-pecuniary damage has occurred, the owner has the right to reasonable compensation, including financial compensation. Right to unjust enrichment is not affected. Pursuant to the Civil Code, in the case of a threat or a breach of an intellectual property right which may be the object of a license agreement (such as a utility model), the amount of damages shall be at least equal to the remuneration for a license granted at the time of the unauthorized interference with the right.

In addition, criminal sanctions pursuant to the Criminal Code shall apply.

Designs

In the case of an unauthorized interference with the rights, the owner of a design is entitled mainly to seek prohibition of unlawful interference of the rights or threats to the rights and removal of the consequences of such interference. If, due to such interference with the owner's rights, any damage has been caused, the owner shall have the right to damages including loss of profits. If non-pecuniary damage has occurred, the owner has the right to reasonable compensation, including financial compensation. Right to unjust enrichment is not affected.

Pursuant to the Civil Code, in the case of a threat or a breach of an intellectual property right which may be the object of a license agreement (such as design), the amount of damages shall be at least equal to the remuneration for a license granted at the time of the unauthorized interference with the right.

In addition, criminal sanctions pursuant to the Criminal Code shall apply.

Not applicable for this jurisdiction.

Not applicable.

Not applicable.

Not applicable for this jurisdiction.

Not applicable for this jurisdiction.

Industrial designs

The owner of rights to industrial designs or authorized person (eg, licensee) may seek the following remedies under Ukrainian law:

• Termination of infringement
• Cancellation of infringing patent to industrial design
• Reimbursement of damages, including loss of profit or payment of compensation. The amount of compensation shall be determined by the court, taking into account the extent of the infringement, the fault of the infringer and other relevant circumstances. The amount of compensation shall not be less than the amount that would have been paid for granting permission to use the rights to the trademark in dispute. If the infringement of the rights was unintentional and without negligence, the amount of compensation shall be equal to the amount of remuneration that would have been paid for granting such permission.
• Recognition of a right
• Seizure of infringing goods
• Prohibition of import and
• Publication of the court decision on the case concerning IP rights infringement.

In addition, the Criminal Code of Ukraine dated April 5, 2001 provides for criminal liability for infringements of intellectual property right with regard to industrial designs.

Not applicable.

Passing off

Available remedies include injunctions (or interdicts in Scotland), damages or an account of profits, and delivery up, seizure or destruction or modification of packaging, products, marketing materials and similar.

Designs

The proprietor of a registered design may prevent any use of the design or any design which does not produce a different overall impression on the informed user (taking into account design freedom).  The registered proprietor or exclusive licensee of a registered design have the right to sue for infringement. Available remedies include injunctions (or interdicts in Scotland), damages or an account of profits, and delivery up, seizure or destruction of goods.

Unregistered design right is not a monopoly right and only gives the proprietor the right to prevent copying. However, if infringement is found, the same remedies are available as for registered designs.

There is an actionable right in the UK against those who make unjustified threats of design right infringement proceedings. Companies should therefore take care when writing to a 3rd party alleging infringement or use of a similar design.

Not applicable for this jurisdiction.