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- goods or services which are not identical or analogous to those for which the
well known mark was registered, provided that the use of the sign in relation
to these goods or services brings out a link between these goods or services
and the owner of the well known mark, and that his interests could be harmed
by this use.
Article 390: Any use of a sign which is identical to a well known mark or similar to the
extent that it leads to confusion with a well known mark without the consent of
the owner of said mark, provided that the sign is used for goods or services
which are identical or similar to the goods or services to which the well known
mark applies, shall constitute an infringement of an unregistered well known
mark.
Article 391: At the request of the owner of a registered mark or the holder of an exclusive
license or a non-exclusive license if the holder has asked the owner of the mark
to institute proceedings to obtain compensation and the owner of the mark has
refused or failed to do so within 90 days, the court may issue an injunction to
prevent the infringement or avert an imminent infringement, grant damages or
take any other corrective measure provided for by legislation or this Title.
Article 392: At the request of any competent authority or any interested person, group,
association or trade union, including producers, manufacturers or merchants, the
court may also order compensation for harm in the same manner if it is
convinced that an infringement covered by Articles 311 to 319 has been or is
about to be committed.
Article 393: The owner of an unregistered well known mark shall be entitled to obtain an
injunction to prevent infringement or avert imminent infringement as well as
adequate damages.
Section 3: Infringement of industrial designs and corrective measures
Article 394: Any act covered by Article 205, which has been committed by a person other
than the owner of the industrial design, without the consent of said owner, shall
constitute infringement of an industrial design registered in accordance with this
Law.
Article 395: At the request of the owner of an industrial model or that of the holder of an
exclusive license or non-exclusive license, if the holder has asked the owner to
institute proceedings with a view to obtaining compensation and the owner has
refused or failed to do so within a period of 90 days, the court may issue an
injunction to prevent infringement or avert imminent infringement, grant
damages or take any other corrective measure provided for by legislation or this
Title.
Section 4: Infringements of geographical indications and corrective measures
Article 396: Any act covered by Article 349 or any use of a geographical indication by a
person who is not authorized to use the geographical indication in accordance