registration of a utility model under Article 14 shall also be considered valid provided that the
payments are made within a period of six months from the date of the application for
conversion.
Article 36
Restoration
(1) Without prejudice to the provisions of Articles 34 and 35 above, where the
protection conferred by a registered utility model has not been maintained owing to
circumstances beyond the control of the owner of the said utility model, the owner or entitled
persons may apply for its restoration against payment of the requisite annual fee and of a
surcharge the amount of which shall be fixed by regulation, within a period of six months
from the date on which the said circumstances ceased to exist, and at the latest within a period
of one year from the date on which renewal was due.
(2) The application for restoration of the above-mentioned utility model, together with
documents proving payment of the fee and surcharge mentioned in the foregoing paragraph,
shall be sent to the Organization and shall contain a statement of the grounds on which the
owner or the entitled persons consider the restoration justified.
(3) The Organization shall examine the grounds referred to above and shall either
restore the utility model or reject the application if it does not consider the grounds valid.
(4) Restoration shall not entail prolongation of the maximum duration of the utility
model. Third parties who started to work the utility model after its term expired shall have
the right to continue such working.
(5) Restoration of the utility model shall likewise cause any improvement certificates
related to it to be restored.
(6) An appeal from the rejection decision following the application for restoration shall
lie to the High Commission of Appeal within a period of 30 working days following receipt of
notice thereof.
(7) Restored utility models shall be published by the Organization in the form
prescribed by the Implementing Regulations relating to this Annex.
(8) Paragraphs (1) to (6) shall be applicable where the application for registration of the
utility model has not been filed within the time limits set by international treaties.
Article 37
Appropriation
Any person who, by means of signs, notices, prospectuses, posters, marks or stamps,
assumes the status of owner of a utility model without holding a certificate of registration of
the utility model granted in accordance with this Agreement and the Implementing
Regulations under it shall be punished with a fine of 1,000,000 to 3,000,000 CFA francs,
without prejudice to the right to compensation. In the event of recidivism, the fine shall be
doubled.