204. The competent court shall be that of the place of real or elected domicile of the
defendant, that of the place where his agent is established, or the court of the place where the
entity responsible for industrial property is established, if the defendant is domiciled abroad.
Proceedings involving both a matter concerning a mark and a matter concerning an
industrial design or unfair competition which are related shall be brought before the court.
205. The Public Prosecutor’s Office may only bring proceedings further to a complaint
by the aggrieved party, except in cases involving a violation of the provisions laid down in
Articles 24(a), 113 and 135(a) and (b) above, for which the Public Prosecutor’s Office shall
be competent.
The criminal court may only rule once the instance hearing the declaratory proceedings
to establish damages has handed down a final judgment. Exceptions pointed out by the
defendant with regard to invalidity of the industrial property title or questions concerning the
ownership of said title may not be raised before the criminal court.
The civil or criminal proceedings provided for under this Title shall be statute-barred
three years after the acts behind such proceedings take place.
The initiation of civil proceedings shall suspend the prescription of criminal
proceedings.
206. All goods unlawfully bearing a factory mark, trademark or service mark or a trade
name shall be seized on import, at the request of the Public Prosecutor’s Office or any other
interested party, in accordance with a writ issued by the President of the court ruling
according to summary proceedings. Seizure shall also be required in cases of use of false
information concerning the source of the goods or the identity of the producer, manufacturer,
or trader.
207. Acts prior to the recording of the grant of invention patents, certificates of
addition, certificates for layout designs (topographies) for integrated circuits, or the
registration of industrial designs or the registration of factory marks, trademarks or service
marks in the registers kept by the entity responsible for industrial property shall not give rise
to any proceedings stemming from this Law.
Where the acts follow the said entries or registrations, their authors may plead good
faith, if they provide proof thereof.
208. Persons convicted under the provisions of this Title may further be deprived, for a
maximum period of five years, of the right of belonging to professional chambers.
209. The court shall order the publication of court decisions which have become final
under the provisions of this Law.
Chapter II
Invention patents
SECTION I
CIVIL PROCEEDINGS
210. The owner of a compulsory license, referred to in Articles 60 and 66 above, may
bring an infringement action where the patent owner fails to bring such action after having
been served formal notice.