TITLE IX
INFRINGEMENT AND OTHER UNLAWFUL ACTS
Article 43
Infringement
(1) Subject to Articles 30, 31 and 36, any of the acts referred to in Article 29 carried out
on the territory of a member State by a person other than the owner of the plant variety
certificate and without his consent constitutes an infringement.
(2)(a) At the request of the owner of the plant variety certificate, or of the licensee
where the latter has invited the owner to institute legal proceedings and the owner has refused
or failed to do so, the court may grant an injunction for cessation of the infringement or
prevention of an imminent infringement or the committing of an act of unfair competition
referred to in Annex VIII, and may award damages and order any other remedy provided for
in domestic legislation.
(b) The court may, at the request of a competent authority or of any other concerned
person or association or union, particularly of breeders, seed producers or farmers, award the
same remedies as in the case of an act of unfair competition referred to in Annex VIII.
(3) Any person who knowingly commits an infringement within the meaning of
paragraph (1) or an act of unfair competition within the meaning of Annex VIII shall be guilty
of an offense and liable to a fine of between 1,000,000 and 3,000,000 CFA francs or to a
prison term of between one month and six months or to both penalties, without prejudice to
civil damages.
Article 44
Infringement Seizure
(1) Owners of plant variety certificates or of exclusive exploitation rights may, under
an order from the presiding judge of the civil court within the jurisdiction of which the action
is to be taken, cause bailiffs or public or judicial officers, including customs officers, if
necessary with the aid of an expert, to make an inventory and detailed description, with or
without seizure, of allegedly infringing objects.
(2) The order shall be given on a simple request and on presentation of the plant variety
certificate and proof that it has not been invalidated or forfeited.
(3) In the event of seizure, the order may require the petitioner to deposit security,
which he shall do before the operation is carried out. The security shall be sufficient but not
such as would discourage recourse to the procedure.
(4) Security shall be required in all cases where a foreigner requests seizure.
(5) The holder of the objects that have been described or seized shall be handed a copy
of the order, and of the act recording the deposit of security where appropriate, in each case
on pain of nullity and damages against the bailiffs or public or judicial officers, including
customs officers.
Article 45
Time Limit for Instituting Substantive Proceedings
Where the petitioner fails to institute proceedings, whether civil or criminal, within a
period of ten working days from the seizure or description, the seizure or description shall
become null and void as of right, without prejudice to any damages that may be claimed.