(1) Any person who uses a registered design contrary to section 38 (1) sentence 1 although the right holder has not consented thereto is liable to imprisonment for up to three years or a fine.
(2) If the offender acts on a commercial scale, the penalty is imprisonment for up to five years or a fine.
(3) An attempt is punishable.
(4) In the cases referred to in subsection (1), the offence is prosecuted upon motion only, unless the criminal prosecution authorities consider ex officio intervention imperative on account of the particular public interest in criminal prosecution.
(5) Objects to which the criminal offence relates may be confiscated. Section 74a of the Criminal Code (Strafgesetzbuch) applies. Where the claims referred to in section 43 are upheld in proceedings pursuant to the provisions of the Code of Criminal Procedure (Strafprozeßordnung) governing compensation for the aggrieved person (sections 403 to 406c), the provisions on confiscation (sections 74 to 74f of the Criminal Code) do not apply.
(6) Where a penalty is imposed, an order is to be made upon motion by the right holder and upon demonstration of a legitimate interest to the effect that the conviction be made public upon demand. The nature of the publication is to be laid down in the judgment.