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Consequently, the award of damages is usually based on the accusation of negligence. However,
there tend to be no requirements for proof of negligence to be furnished. According to Sec.
276
(3) of the Civil Code, anyone failing to exercise the requisite care that is usual in the ordinary
course of business is guilty of acting negligently. Anyone manufacturing a product in Germany
or importing it into Germany is expected to ascertain whether the product infringes a patent - or
to arrange for adequate examination to be carried out by an expert. The examination must be
capable of also revealing
possible
patent infringements (for example in the case of a specific
Be well
