Compensation

If the infringer acts neither intentionally nor negligently, then, in order to avert the claims under sections 42 and 43, the infringer may compensate the aggrieved party in money if fulfilling the claims would cause disproportionate damage to him or her and the aggrieved party can be reasonably expected to accept the pecuniary compensation. The amount to be paid in compensation is the amount which would have constituted equitable remuneration had the right been granted. Upon payment of the compensation the aggrieved party’s consent is deemed to have been given to exploitation to the usual extent.