[eu]cite

Home› Intellectual Property› GebrMG (EN)

Section 24a

Destruction, recall, removal

(1) Whoever uses a utility model contrary to sections 11 to 14 may be required by the injured party to destroy the products, which are the subject matter of the utility model, in the possession or ownership of the infringer. The first sentence applies accordingly to materials and implements owned by the infringer that have served predominantly for the manufacture of these products.
(2) Whoever uses a utility model contrary to sections 11 to 14 may be required by the injured party to recall the products that are the subject matter of the utility model, or to definitively remove them from the channels of commerce.
(3) The claims under paragraphs 1 and 2 are excluded where asserting them would be disproportionate in the individual case. In examining proportionality, the legitimate interests of third parties are also to be taken into account.

←→ also move between sections