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CHAPTER ¥µ PROTECTION
OF OWNER OF TRADEMARK RIGHT
Article 65 ¡¼Injunction, etc., Against
Infringement¡½
(1) The owner of a trademark right or an
exclusive licensee may request a person who
is infringing or is likely to infringe on his
trademark right or exclusive license to discontinue
or refrain from such infringement.
(2) The owner of a trademark right or exclusive
licensee who is acting under paragraph (1) of
this Article may demand the destruction of the
infringing articles, the removal of the facilities
used for the act of infringement, or other measures
necessary to prevent the infringement.
Article 66 ¡¼Acts Deemed to be Infringement¡½
The following acts shall be deemed to be
infringements on a trademark right or an exclusive
license:
(¥¡) acts of using a trademark identical
to the registered trademark of another person
on goods identical, or similar to the designated
goods, or using a trademark similar to the registered
trademark of another person on goods identical,
or similar to the designated goods;
(¥¢) acts of delivering, selling, counterfeiting,
imitating or possessing a trademark identical,
similar to the registered trademark of another
person for the purposes of using or causing
a third party to use such trademark on goods
identical, or similar to the designated goods;
(¥£) acts of manufacturing, delivering, selling
or possessing instruments for the purposes of
counterfeiting or imitating a registered trademark
of another person or causing a third party to
counterfeit or imitate such trademark.
(¥¤) acts of possessing goods to assign or
deliver, which are identical, or similar to
the designated goods on which a trademark identical,
or similar to the registered trademark of another
person is indicated.
Article 67 ¡¼Presumption, etc., of Amount
of Damage¡½
(1) Where the owner of a trademark right
or an exclusive licensee claims compensation
from a person who has intentionally or negligently
infringed on the trademark right or the exclusive
license due to damages caused to him by such
infringement, the profits gained by the infringer
by the infringement shall be presumed to be
the amount of damage suffered by the owner of
the trademark right or exclusive licensee.
(2) Where the owner of a trademark right
or an exclusive licensee claims compensation
from a person who has intentionally or negligently
infringed the trademark right or exclusive license
due to damages caused to him by the infringement,
the amount of money which he would normally
be entitled to receive for the use of the registered
trademark may be claimed as the amount of damages
suffered by him.
(3) Notwithstanding paragraph (2) of this
Article, where the amount is in excess of the
amount referred to therein, the amount in excess
may also be claimed as compensation for damage.
In such case, the court may take into consideration
whether there has been either willfulness or
gross negligence on the part of the person who
has infringed the trademark right or the exclusive
license when awarding damages.
Article 68 ¡¼Presumption of Intent¡½
A person who has infringed a trademark right
or an exclusive license on a trademark, marked
with an indication of trademark registration
in accordance with Article 90, shall be presumed
to have known that such a trademark was registered.
Article 69 ¡¼Measures for Recovery of
Business Reputation of Owner of Trademark Right,
etc.¡½
Upon request of the owner of a trademark
right or an 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 the trademark right or exclusive
licensee, by intentional or negligent infringement
of the trademark right or exclusive license,
to take necessary measures to restore the business
reputation of the said owner or exclusive licensee.
Article 70 ¡¼Submission of Documents¡½
In litigation relating to the infringement
of a trademark right or an exclusive license,
the court may, upon the request of either party,
order the other party to submit documents necessary
for the assessment of damages caused by the
infringement. However, this provision shall
not apply where the person possessing the documents
has justifiable reason for refusing to submit
them.
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