Common use of Permanent injunctions Clause in Contracts

Permanent injunctions. (1) Where a decision is taken finding an infringement of a patent, the Court may grant an injunction aimed at prohibiting the continuation of the infringement. The Court may also grant such injunctions against an intermediary whose services are being used by a third party to infringe a patent right. (2) Where appropriate, such injunction shall be subject to a periodic penalty payment payable to the Court with a view to ensuring compliance. Article 38 Corrective measures in infringement proceedings (1) Without prejudice to any damages due to the injured party by reason of the infringement, and without compensation of any sort, the Court may order, at the request of the applicant, that appropriate measures be taken with regard to goods found to be infringing patent rights and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods. (2) Such measures shall include: (a) declaration of the fact of infringement; (b) recall from the channels of commerce; (c) depriving the product from its infringing property; (d) definitive removal from the channels of commerce; or