Article 46
Other Sanctions
(1) The judge may order those items to which the infringement related and which are
held by the infringer to be confiscated, and where appropriate destroyed or handed to the
owner of the plant variety certificate where, in view of the circumstances, such action is
necessary:
(a) to act as a deterrent to infringers, or
(b) to safeguard third-party interests.
(2) The judge may also order that the devices or means specially intended for the
perpetration of the infringement be confiscated and that the sentence be made public.
(3) The infringing items and the devices or means that have been confiscated may be
sold by public auction for the benefit of the State.
Article 47
Usurpation
Any person who improperly avails himself of the status of owner of a plant variety
certificate or of an application for such a certificate shall be liable to a fine of between
1,000,000 and 3,000,000 CFA francs. In the event of repetition of the offense, the fine shall
be doubled.
Article 48
Extenuating Circumstances
The provisions on extenuating circumstances in the domestic legislation of the member
States shall apply to the offenses referred to in this Annex.
Article 49
Conditions for the Institution of Correctional Proceedings
Correctional proceedings for the application of the above penalties may be brought by
the public prosecutor only on a complaint from the injured party.
Article 50
Exceptional Jurisdiction of the Correctional Court
The correctional court hearing infringement proceedings shall pronounce on the
objections of the accused person who invokes either the nullity or the lapse of the plant
variety certificate or issues relating to the ownership of the certificate.
Article 51
Fraud in Relation to Variety Denominations
Any person who knowingly uses a designation in violation of Article 23(4) or who in
violation of Article 23(5) fails to use a variety denomination shall be liable to a fine of
between 400,000 and 1,000,000 CFA francs.