(1) Any person who uses a patented invention contrary to sections 9 to 13 may, in the event of the risk of recurrent infringement, be sued by the aggrieved party for cessation and desistance. This right may also be asserted in the event of the risk of a first-time infringement. This right is ruled out if asserting it would, based on the particular circumstances of the individual case and the principle of good faith, lead to disproportionate, unjustified hardship for the injurer or third parties which is not justified by the exclusive right. In such cases, the aggrieved party is to be granted reasonable monetary compensation. The claim for compensation under subsection (2) remains unaffected thereby.
(2) Any person who performs such act intentionally or negligently is obliged to compensate the aggrieved party for the damage caused. When assessing the compensation, consideration may also be given to the profit which the infringer has obtained by infringing the right. The claim for compensation may also be calculated on the basis of the amount which the infringer would have been required to pay as equitable remuneration if the infringer had obtained permission to use the invention.
(3) If the subject matter of the patent is a process for manufacturing a new product, the same product produced by someone else is, until there is proof to the contrary, deemed to have been produced using the patented process. In taking evidence to the contrary, consideration is to be given to the defendant’s legitimate interests in protecting his or her manufacturing and trade secrets.