Common use of ADDITIONAL PENALTIES Clause in Contracts

ADDITIONAL PENALTIES. (1) In the event of a conviction, the competent domestic court in civil or criminal matters shall order the confiscation or destruction of objects found to be counterfeit depending on their nature and, where applicable, the confiscation or destruction of implements or tools specially intended for their manufacture, in respect of the counterfeiter, the receiver, the introducer or the retailer. (2) The competent domestic court may also order any appropriate measures to publicize the verdict, in particular its posting or publication in whole or as excerpts in such newspapers or on such online public communication services as it designates, according its stipulations. (3) The measures provided for in paragraph (2) above may be instituted even in the event of an acquittal. (4) In the event of a conviction, the competent domestic civil court may order in addition to the publicity measures referred to in the preceding paragraph, at the request of the prejudiced party, that the products found to be counterfeit and the materials and instruments principally employed in their creation or manufacture be withdrawn from channels of trade, permanently removed from such channels, destroyed or confiscated for the benefit of the prejudiced party. (5) The measure provided for in this article shall be ordered at the cost of the counterfeiter.