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Chapter Summary

According to Art. 44.1, sentence 1 the courts shall be authorized to order the non-violation of laws. This obligation is restricted by way of facultative protection of good faith in terms of Art. 44.2, sentence 1. Art. 44.2, sentence 1 confines the rights of the injured party to a mere compensation claim, which is possible and facultative under certain circumstances. Art. 44.1, sentence 1 requires Members to provide the courts with the authority to grant injunctions for infringements. Art. 44.1, sentence 2 provides for an exception to the authority to grant an injunction pursuant to Art. 44.1, sentence 1 if the subject matter was acquired or ordered by the defendant in good faith. Art. 44.2, sentence 2, sub-sentence 2 limits the scope of mandatory remedies to declaratory judgments and an adequate compensation where the remedies of Part III are "inconsistent with a Member's law".

Keywords: Article 44; compensation claim; declaratory judgments; good faith; injunctions; Member's law



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