Trademark Infringement

Unlawful use of trademark as a symbol for goods and services for business purposes may constitute trademark infringement. It should be noted that only use for trademark purposes is prohibited – for example, it is permitted, under certain conditions, to refer to a trademark , for instance in sales and product comparisons for advertising purposes.

A court may grant an injunction prohibiting continued infringing use. An interim injunction for the duration of the court proceedings may be imposed upon request by the claimant. Court may also order removal of marks that infringe exclusive rights of the trademark proprietor from the goods equipped with such marks. If removal is not possible, the court may order the goods to be destroyed.

Willful infringement may also be punishable, either as a violation of trademark rights, for which a fine may be sentenced, or as intellectual property right offence, for which a fine or maximum two years of imprisonment may be sentenced.

In the event of a willful or negligent infringement, the infringed party will be entitled to damages incurred as a result of the infringement, as well as reasonable compensation for unlawful use of the trademark. Compensation may be ordered even if willfulness or negligence by the infringing party cannot be demonstrated. The damages and compensation may, however, apply only with respect to the five years preceding the infringement claim. In other words, if the claim is not brought within the said period of time, the right to damages or other compensation will be forfeited.