iii.
after the alleged infringer acquired knowledge of the contents of the application.
c) The request for the court to order the payment of damages under subsection (b) may be filed only
after the industrial property right in question is granted.
§16.5. Other Remedies
a) Where goods have been found to be infringing, the court shall, wherever this is considered
adequate under the circumstances to create an effective deterrent to further infringement, taking
due account of the need for proportionality between the seriousness of the infringement and the
remedies as well as the legitimate interest of third parties, order, without compensation of any
kind/type, that these goods be disposed of outside the channels of commerce in such a manner as
to avoid any harm caused to the holder of the right.
b) In respect of goods bearing counterfeit marks or geographical indications, the simple removal of
the mark or geographical indication unlawfully affixed shall not be sufficient, other than in
exceptional cases, to permit release of the goods into the channels of commerce.
c) The court shall also, wherever this is considered adequate, taking due account of the conditions set
out in subsection (a), order that materials or implements the predominant use of which has been the
creation of infringing goods be disposed of outside the channels of commerce without
compensation of any sort in such a manner as to minimize the risks of further infringement.
§16.6. Information to the Right Holder
The court shall order the infringer to inform the holder of the right of the identity of third persons involved
in the production and distribution of the infringing goods or rendering of services and of their channels of
distribution, where this would be in proportion to the seriousness of the infringement.
§16.7. Indemnification of the Defendant
The court shall order the person at whose request measures were taken and who has abused enforcement
procedures to provide to a defendant wrongfully enjoined or restrained adequate compensation for the
injury suffered as a consequence of such abuse, and to pay the defendant‟s procedural expenses, including
appropriate attorney's fees.
§16.8. Appeals
a) Any decision by the court in infringement proceedings shall be subject to an appeal.
b) The appeal shall follow the procedure provided under the Civil Procedure Law of the Republic of
Liberia.
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