Article 89
Sanctions in actions for infringement
- 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.
- 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.