Article 89

Sanctions in actions for infringement

  1. Where in an action for infringement or for threatened infringement a Community design court finds that the defendant has infringed or threatened to infringe a Community design, it shall, unless there are special reasons for not doing so, order the following measures:
    (a) an order prohibiting the defendant from proceeding with the acts which have infringed or would infringe the Community design;
    (b) an order to seize the infringing products;
    (c) an order to seize materials and implements predominantly used in order to manufacture the infringing goods, if their owner knew the effect for which such use was intended or if such effect would have been obvious in the circum stances;
    (d) any order imposing other sanctions appropriate under the circumstances which are provided by the law of the Member State in which the acts of infringement or threat ened infringement are committed, including its private international law.
  2. The Community design court shall take such measures in accordance with its national law as are aimed at ensuring that the orders referred to in paragraph 1 are complied with.