(1) If a trade mark has been filed or registered contrary to section 11 for the agent or representative of the proprietor of the trade mark without his consent, the proprietor of the trade mark shall be entitled to demand from the agent or representative the transfer of the right given rise to by the application for or registration of the trade mark.
(2) If a trade mark has been registered contrary to section 11 for an agent or representative of the proprietor of the trade mark, the proprietor may prohibit the use of the trade mark within the meaning of section 14 by the agent or representative if he has not consented to its use. If the agent or representative acts intentionally or negligently, he shall be obliged to compensate the proprietor of the trade mark for the damage incurred by the act of infringement. Section 14 (7) shall apply accordingly.
(3) The subsections (1) and (2) shall not apply if there are reasons justifying the action of the agent or representative.