(1) The aggrieved party may sue the infringer for destruction of the products held or owned by the infringer which were illegally manufactured, distributed or destined for unlawful distribution. Sentence 1 applies accordingly in the case of equipment owned by the infringer which primarily served to manufacture these products.
(2) The aggrieved party may sue the infringer for the recall of products which were unlawfully manufactured, distributed or destined for illegal distribution or for their final removal from the channels of commerce.
(3) As an alternative to the measures provided for under subsection (1), the aggrieved party can demand that the infringer release the products in his or her possession to the aggrieved party against equitable remuneration which may not exceed the manufacturing costs.
(4) The claims under subsections (1) to (3) are ruled out if the measure is disproportionate in an individual case. When examining proportionality, consideration is also to be given to the legitimate interests of third parties.
(5) Essential elements of buildings as defined in section 93 of the Civil Code (Bürgerliches Gesetzbuch) as well as removable parts of products and equipment whose production and distribution is not unlawful are not subject to the measures provided for under subsections (1) to (3).