A: The following acts are not considered as an infringement.

  • Use of first and last names, surnames and business addresses with bona fide, including the business of their predecessors, or acts with bona fide using descriptions of the nature and quality of products (Article 47)
  • Parallel import (Supreme Court Judgment No.2817 / 2543 2000)
  • suspension and claim of damages against violated non-registered trademark cannot be requested except in cases of fraud with counterfeit goods or passing off (*) (Article 46)

* Passing off: Non-registered trademarks can be protected in the same way as passing off, which is a common-law right of the British legal system if the infringer can be proved to be malicious.