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Chapter Summary

In order to create an effective deterrent to infringement, the judicial authorities shall have the authority to order that goods that they have found to be infringing be, without compensation of any sort, disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder, or, unless this would be contrary to existing constitutional requirements, destroyed. Art. 46 obliges Members to grant the judicial authorities the necessary competence to order remedies other than injunctions and damages. In accordance with Art. 46, sentence 1, the judicial authorities are entitled to order that infringing goods be "disposed of outside the channels of commerce in such a manner as to avoid any harm caused to the right holder.".

Keywords: channels of commerce; commerce; deterrent to infringement; remedies



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