¹ Any person whose right to a trade mark or an indication of source is infringed or threatened may request the court:

a.

to prohibit an imminent infringement;

b.

to remedy an existing infringement;

c.⁷⁷

to require the defendant to provide information on the origin and quantity of items in his possession that unlawfully bear the trade mark or the indication of source and to name the recipients and disclose the extent of any distribution to commercial and industrial customers.

² Actions brought under the Code of Obligations⁷⁸ for damages, satisfaction and handing over of profits in accordance with the provisions concerning agency without authority remain reserved.

^2bis An action for performance may be instituted only after the entry of the trade mark in the Register. Claims for damages may be made retroactively from the time at which the defendant obtained knowledge of the content of the application for registration.⁷⁹

³ The use of a guarantee or collective mark contrary to the applicable regulations also constitutes an infringement of a trade mark right.

⁴ Any person who holds an exclusive licence is entitled to bring a separate action irrespective of the registration of the licence in the Register unless this is expressly excluded in the licence agreement. Any licensees may join an infringement action in order to claim for their own damages.⁸⁰