ARTICLE 9. Scope of Rights Arising from Trademark Registration

The trademark owner is entitled to prevent all third parties not having his consent from using the trademark in the following cases:

a)  the use of any sign that is identical with the registered trademark in relation to same goods or services within the scope of the trademark registration;

b)  [Cancelled] the use of any sign that is identical with or similar to a registered trademark and covers the same or similar goods or services as those covered by the trademark, and consequently entails the possibility of confusion of the public, including the possibility of suggesting a connection between the sign and the registered trademark;

c)   the use of any sign that is identical with or similar to a registered trademark, but is used for goods or services that are not similar to those covered by the registered trademark in those cases when unfair advantage will be gained by the use of the sign which is intended to be registered due to the reputation of the registered trademark or when the distinctive character of the registered trademark may be damaged.

The following acts may be prohibited pursuant to the first paragraph,

a)   affixing a sign on the product or its packaging;

b)   [Cancelled] marketing or stocking for that purpose or offering to deliver a product bearing the sign, or offering or providing services under the sign;

c)    importing or exporting the goods under that sign,

d)  using the sign on business documents and in advertising.                        

The rights conferred by a registered trademark shall prevail against third parties from the date of publication of registration of the trademark. Compensation may be claimed in respect of matters arising after the date of publication of a trademark application. However, the rights arising from the publication of an application shall be considered within the rights conferred by the publication of the registration of a trademark. The Court seized of the case may not decide upon the merits of the case until the registration has been published.

ARTICLE 61. Infringement of Rights

The following acts shall be considered infringements of trademark rights:

a)   [Cancelled] violation of Article 9,

b)   use of the same or confusingly similar trademark without the consent of the proprietor of the trademark,

c)    [Cancelled] Sale, distribution or placing into field of trade in any other manner, importation or holding in stock for commercial purposes of the goods carrying the infringed trademark, where being aware or should being aware that a mark is plagiarized,

d)   to expand, without permission of right holder, rights under license or to assign such rights to third parties.

e)  to participate or to assist or to encourage or to facilitate in whatever form the acts referred in subparagraphs (a), (b) and (c),