CHAPTER I
GENERAL PROVISIONS
CHAPTER II
SCOPE OF PATENTS
CHAPTER III
PATENT APPLICATIONS
CHAPTER IV
ANNOUNCEMENT AND SUBSTANTIVE EXAMINATION
CHAPTER V
TRANSFER AND LICENSE OF A PATENT
CHAPTER VI
REVOCATION OF PATENTS
CHAPTER VII
EXPLOITATION OF PATENT BY THE GOVERNMENT
CHAPTER VIII
SIMPLE PATENTS
CHAPTER IX
AN APPLICATION THROUGH PATENT COOPERATION TREATY
CHAPTER X
ADMINISTRATION OF PATENT
CHAPTER XI
FEES
CHAPTER XII
PROVISIONAL DECISION* BY THE COURT
CHAPTER XIII
INVESTIGATION
CHAPTER XIV
CRIMINAL PROVISIONS
CHAPTER XV
TRANSITIONAL PROVISIONS
CHAPTER XVI
CLOSING PROVISIONS
Article 118

  1. A patent holder or a licensee shall be entitled to bring a lawsuit for damages through the Commercial Court against any person who deliberately and without rights performs any acts as referred to in Article 16
  2. The lawsuit for damages filed against any acts as referred to in paragraph (1) may only be accepted if the product or process is proven to have been made by using the patented invention
  3. The decision of the Commercial Court on the lawsuit shall be forwarded to the Directorate General at the latest 14 (fourteen) days as of the date on which the decision is made, to thereafter be recorded and announced.

Article 119

  1. In the trial of an infringement case on a patented process, the burden of proof that the product was not produced by using the process-patent as referred to in Article 16 paragraph (1) letter b shall lie on the defendant if:
    1. The product which was made with the process-patent constitutes a new one,
    2. There is a possibility that the product has resulted from the process-patent and although sufficient effort has been made for the purpose, the patent holder is not able to determine which process he has used to make the product.
  2. For the purpose of proof in the infringement case as referred to in paragraph (1), the Court shall be authorized:
    1. To order the patent holder to deliver in advance a copy of certificate of the relevant patent, and prima facie evidence supporting his allegation; and
    2. To order the party who is assumed to have committed an infringement to prove that the product did not result from the use of the process-patent.
  3. In the trial of the patent infringement case as referred to in paragraph (1) and (2), a Judge shall consider the interest of the party assumed to have committed the infringement, to get a protection on the secrecy of the process he described for the purpose of proof in the court session.

Article 120

  1. A lawsuit shall be filed at the Commercial Court, with a payment of fee
  2. The Commercial Court shall determine the date for a hearing within a period of 14 (fourteen) days at the latest
  3. The examination on a lawsuit shall be conducted within the period of 60 (sixty) days as of the date on which the lawsuit is filed.

Article 121

  1. The confiscation clerk shall summon the relevant parties at the latest 14 (fourteen) days before the first examination takes place
  2. A decision on the lawsuit shall be made at the latest 180 (one hundred and eighty) days as of the date on which the lawsuit is filed
  3. The injunction as referred to in paragraph (2), which contains a complete legal reasoning as the basis of the decision, shall be stated in a court session which is open to the public
  4. The Commercial Court shall forward the decision to the relevant parties at the latest 14 (fourteen) days as of the date on which the decision is made in a court session that is open to the public.

Article 122

Upon the decision of the Commercial Court as referred to in Article 121 paragraph (3) may only be filed a cassation

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