(2) The court may order the display of the judgment in places that it shall specify and
also its publication in full or in the form of extracts in the newspapers that it shall designate,
all at the expense of the offender.
Article 43
Fate of Counterfeited Marks and Goods
(1) The court may order the confiscation of goods bearing a mark recognized as being
contrary to the provisions of Article 37, even in the case of acquittal, and also that of the
implements or tools that served specifically for the commission of the offense.
(2) The court may order that the objects confiscated be surrendered to the owner of the
mark that has been counterfeited or fraudulently affixed or imitated, regardless of the right to
any further damages, that may be appropriate.
(3) In all cases the court may order the destruction of goods bearing marks recognized
as being contrary to the provisions of Article 37 above.
Article 44
Other Measures Relating to Compulsory Marks
(1) In the cases provided for in Article 38 the court shall always order that the marks
declared compulsory be affixed to the goods affected by its ruling.
(2) The court may order the confiscation of goods if the accused has been found guilty
of one of the offenses provided for in Article 38 during the preceding five years.
Article 45
Penalties in Connection with Collective Marks
The penalties provided for in Articles 37, 38, 40, 42, 43 and 44 of this Annex shall
apply to collective marks for goods or services. In addition, the following persons shall be
punished with the penalties provided for in Article 37 above:
(a) those who knowingly make any use of a collective mark under conditions other than
those specified in the rules of use referred to in Article 34;
(b) those who sell or offer for sale goods bearing a collective mark unlawfully used
under the terms of the provisions governing marks for goods or services;
(c) those who knowingly make any use at all of a mark reproducing or imitating a
collective mark within a period of ten years following the date of invalidation of the said
collective mark;
(d) those who, within a period of ten years from the date of invalidation of a collective
mark, knowingly sell, offer for sale, provide or offer to provide goods or services under a
mark reproducing or imitating the said collective mark.
Article 46
Right to Bring Infringement Action
(1) Civil action for the infringement of a mark shall be brought by the owner thereof.
However, the beneficiary of an exclusive right of use may bring an infringement action,
unless otherwise provided in the contract, if the owner fails to act after having been called
upon to do so.