Injunctive relief and damages

(1) Whoever uses a utility model contrary to sections 11 to 14 may be required by the injured party, where there is a risk of repetition, to desist. The claim also exists where a contravention is threatened for the first time. The claim is excluded insofar as asserting it would, on account of the particular circumstances of the individual case and the requirements of good faith, lead to disproportionate hardship for the infringer or third parties that is not justified by the exclusive right. In that case, the injured party is to be granted reasonable compensation in money. The claim to damages under paragraph 2 remains unaffected by this.
(2) Whoever does the act intentionally or negligently is obliged to compensate the injured party for the resulting damage. In assessing the damages, the profit that the infringer has made through the infringement of the right may also be taken into account. The claim to damages may also be calculated on the basis of the amount that the infringer would have had to pay as reasonable remuneration had the infringer obtained permission to use the invention.