(1) Any person who uses a registered design contrary to section 38 (1) sentence 1 (infringer) can be sued by the right holder or another entitled person (aggrieved party) for removal of the impairment and, in the event of the risk of recurrent infringement, for cessation and desistance. This right to cessation and desistance may also be exercised in the event of the risk of a first-time infringement.
(2) If the infringer acts intentionally or negligently, he or she is obliged to compensate the aggrieved party for the damage caused. In assessing the compensation, consideration may also be given to the profit which the infringer has obtained by infringing the right. The claim for damages may also be calculated on the basis of the amount which the infringer would have been required to pay as equitable remuneration if the infringer had obtained permission to use the registered design.