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TITLE VII ACTION FOR INFRINGEMENT OF PATENT RIGHTS 62. The owner of a patent may bring appropriate action of any type or nature before the ordinary courts against any person who infringes his rights and he may demand the necessary measures to safeguard those rights. 63. The owner whose patent rights have been infringed may, in particular, seek: (a) cessation of the acts that infringe his rights; (b) compensation for the damage and prejudice suffered; (c) seizure of the objects produced or imported in infringement of his rights, as well as the means exclusively used for such production or for carrying out the patented process; (d) whenever possible, attribution of the ownership of the objects and means seized in accordance with the provisions of the preceding subparagraph. In such cases, the value of the goods concerned shall be deducted from the compensation for damage and prejudice. Where that value exceeds that of the compensation granted, the owner of the patent shall pay the excess amount to the other party; (e) the adoption of the necessary measures to prevent continued infringement of the patent, in particular, the transformation of the objects or means seized in accordance with the provisions of subparagraph (c), above, or their destruction when such is indispensable in order to prevent infringement of the patent; (f) publication of the judgment against the person infringing the patent, at his cost, by means of announcements and notification to the persons concerned. That measure shall only apply when the judgment so specifies. 64. (1) Any person who, without the consent of the owner of the patent, manufactures or imports objects protected by the patent or uses the patented process, shall be liable for the damage and prejudice caused. (2) Persons who in any other way work the subject matter protected by the patent shall only be liable for compensation for the damage and prejudice caused if the owner of the patent has notified them of the existence of the patent in question and of their infringement and has required them to cease such infringement, or their action has been culpable or negligent. 65. In order to fix the amount of the damage and prejudice suffered through unauthorized working of an invention, the owner of the patent may require the submission of the documentation belonging to the person responsible. 66. (1) Compensation for damage and prejudice due to the owner of the patent shall not only include the amount of the loss that he has suffered, but also the profits lost through infringement of his rights. (2) The profits lost shall be calculated in accordance with one of the following criteria, at the choice of the injured party: (a) the profits the owner could foreseeably have earned from working the patented invention if there had been no competition from the person infringing his rights; (b) the profits earned by the latter party from working the patented invention; (c) the amount the person infringing the patent would have paid to the owner for granting a license that would have allowed him to work the patent legally. In fixing the amount, special consideration shall be given, inter alia, to the economic importance of the patented invention, the term of the patent at the time infringement commenced and the number and class of the licenses granted at that time. (3) Where the judge considers that the owner does not fulfill the obligation to work the patent established in Article 83 of the present Law, the profits lost shall be fixed in accordance with the provisions of subparagraph (c), above. 67. (1) Where the injured party has chosen one of the criteria laid down in subparagraphs (a) or (b) of paragraph (2), above, for fixing the amount of the profits lost, calculation of those profits may also take into account, to the extent deemed reasonable by the judge, the profits obtained from working other objects of which the patented invention constitutes an essential part from the commercial point of view. (2) The invention shall be deemed to be an essential part of goods from the commercial point of view when its incorporation constitutes a determinant factor in the demand for the said goods. 68. The owner of the patent may also require compensation for the prejudice suffered as a result of the loss of reputation of the patented invention caused by the person infringing his rights through defective manufacture or unsatisfactory presentation of the invention on the market. 69. The remuneration the owner of the patent has received from other persons for working the same invention in any other manner shall be deducted from the compensation to be paid by the person who has produced or imported the invention without the owner's consent. 70. The owner of the patent may not bring any of the actions specified under this Title in respect of persons who work the objects presented on the market by persons who have paid appropriate compensation for the damage and prejudice caused. 71. (1) The time limit for bringing a civil action for infringement of a patent shall be five years from the time that right could have been exercised. (2) Compensation for damage and prejudice may only be claimed for acts that have taken place during the five years immediately preceding the date on which the action was brought.

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