TITLE VI
LEGAL ACTIONS AND PROCEDURE
Article 29
Competent Jurisdiction
(1) Civil actions relating to industrial designs shall be brought before the civil courts
and judged as summary proceedings.
(2) If the accused in an action brought before a criminal court raises questions in his
defense concerning the ownership of the designs, the competent court shall pass judgment
thereon.
Article 30
Condition for Initiation
of Criminal Proceedings
Criminal action seeking imposition of the penalties provided for in Title V may only be
brought by the Office of the Public Prosecutor on a complaint by the injured party.
Article 31
Infringement Seizure
(1) The injured party may, acting in pursuance of an order from the president of the
civil court within whose jurisdiction the action is to be taken, including at the border, engage
bailiffs or public or ministerial officials, including customs officials, if necessary with the aid
of an expert, to make a detailed inventory, with or without seizure, of the offending objects or
instruments.
(2) The order shall be made on request and on presentation of an affidavit of
publication issued by the Organization, subject to proof that registration has not lapsed or
been cancelled.
(3) Where seizure is applied for, the judge may require the complainant to furnish
security, which he shall be required to provide before seizure is effected.
Security shall always be required of foreigners seeking seizure.
(4) The persons in possession of the objects described shall be given a copy of the order
and, where appropriate, of the document attesting the deposit of security, on pain of invalidity
and damages against the bailiff or the public or ministerial official or the customs official, as
the case may be.
Article 32
Time Limit for Instituting Substantive Proceedings
Should the complainant fail to take action under either civil or criminal law within a
period of ten working days, the inventory or seizure shall become void as of right, without
prejudice to any damages that may be claimed.
Article 33
Communication of Documents to Judicial Bodies
Any judicial body to which a lawsuit has been referred may request the Organization to
communicate an industrial design that has been filed for registration or registered.