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 CHAPTER
VI PROTECTION OF OWNER OF DESIGN RIGHT
Article 62 【Injunction Against Infringement,
etc.】
(1) An owner of a design right or exclusive
licensee may request a person who is infringing
or
is likely to infringe on his rights to discontinue
or refrain from such infringement.
(2) An owner of a design right or an exclusive
licensee who is acting under paragraph (1)
may demand the destruction of the articles
which resulted from the act of infringement,
the
removal of the facilities used for the act
of infringement, or other measures necessary
to
prevent the infringement.
Article 63 【Acts Deemed to be Infringing】
Acts of commercially or industrially working
articles used exclusively for the manufacture
of
articles to which a registered design or
similar design is applied shall be deemed to
be an
infringement of the design right or exclusive
license.
Article 64 【Presumption, etc., of Amount
of Damage】
(1) Where the owner of a design right or
exclusive licensee claims compensation for
damages from a person who has intentionally
or negligently infringed a design right or
exclusive license, the profits gained by
the infringer as a result of the infringement
shall be
presumed to be the amount of damage suffered
by the owner of the design right or exclusive
licensee.
(2) An owner of a design right or exclusive
licensee may claim as damages, the amount of
money which he would normally be entitled
to receive for the working of the registered
design
from the person who has intentionally or
negligently infringed the design right or exclusive
license, as the amount of damages suffered
by him by the infringement.
(3) Notwithstanding paragraph (2), where
the amount of damages exceed the amount
referred to in paragraph(2), the amount in
excess may also be claimed as compensation for
damages. In such a case, the court may take
into consideration the fact that there has been
neither willfulness nor gross negligence
on the part of the person who has infringed
the
design right or the exclusive license when
awarding damages.
Article 65 【Presumption of Negligence】
(1) A person who has infringed a design right
or exclusive license of another person shall
be
presumed to have been negligent regarding
such act of infringement.. However, this provision
shall not apply to the infringement of a
design right or exclusive license relating to
a design
registered as a secret design under Article
13(1).
(2) The provision of paragraph (1) shall
apply mutatis mutandis to cases where a person
having a design right under registration
of unexamined design infringes another person's
design right or exclusive license.
Article 66 【Measures for Recovery of
Reputation of Owner of Design Right, etc.】
Upon the request of an owner of a design
right or exclusive licensee, the court may,
in lieu of
damages or in addition thereto, order the
person who has injured the business reputation
of
the owner of a design right or exclusive
licensee by intentionally or negligently infringing
the
design right or exclusive license, to take
necessary measures to restore the business
reputation of the said owner or exclusive
licensee.
Article 67 【Mutatis Mutandis Application
of Provisions of the Patent Law】
The provisions of Article 132 of the Patent
Law shall apply mutatis mutandis to the
protection of the owner of a design right.
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