Criminal provisions

(1) Whoever, without the necessary consent of the holder of the utility model,
1. manufactures, offers, puts on the market or uses a product that is the subject matter of the utility model (section 11(1), second sentence), or imports or possesses it for one of the purposes named, or
2. exercises the right under a patent contrary to section 14, is liable to imprisonment for a term not exceeding three years or to a fine.
(2) Where the offender acts on a commercial basis, the penalty is imprisonment for a term not exceeding five years or a fine.
(3) An attempt is punishable.
(4) In the cases under paragraph 1, the act is prosecuted only on request, unless the prosecuting authority considers it necessary to take action of its own motion on account of the special public interest in prosecution.
(5) Objects to which the offence relates may be confiscated. Section 74a of the Criminal Code applies. Insofar as the claims named in section 24a are satisfied in proceedings under the provisions of the Code of Criminal Procedure on compensation of the injured party (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, it must be ordered, if the injured party so requests and shows a legitimate interest, that the conviction be publicly announced on request. The manner of announcement is determined in the judgment.
(7) Insofar as a claim to injunctive relief is excluded under section 24(1), third sentence, the infringer is not punished under paragraphs 1, 2 or 3.
(8) The criminal proceedings must be stayed under section 262(2) of the Code of Criminal Procedure where cancellation proceedings against the utility model at issue are pending.