(2) The application for restoration of the patent, 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 patent or reject the application if it does not consider the grounds valid.
(4) Restoration shall not entail prolongation of the maximum duration of the patent.
Third parties who started to work the invention after the expiry of the patent shall have the
right to continue such working.
(5) Restoration of the patent shall likewise cause any certificates of addition related to
it to be restored.
(6) Restored patents shall be published by the Organization in the form prescribed by
the Implementing Regulations relating to this Annex.
(7) Paragraphs (1) to (6) shall be applicable where the patent application has not been
filed within the time limits set by international treaties.
(8) Appeals from decisions of the Organization concerning restoration shall lie to the
High Commission of Appeal within a period of thirty days from the date of receipt of notice
of the decisions.
Article 42
Appropriation
Any person who, by means of signs, notices, prospectuses, posters, marks or stamps,
assumes the status of patentee without holding a patent granted in accordance with this
Agreement and the Implementing Regulations under it or after an earlier patent has expired
shall be punished with a fine of 1,000,000 to 3,000,000 CFA francs. In the event of
recidivism, the fine may be doubled.
Section II
Actions Seeking Invalidity or Forfeiture
Article 43
Initiation of the Invalidity or Forfeiture Action
(1) Actions seeking invalidity or forfeiture may be brought by any person having an
interest therein.
(2) In any action seeking the invalidity or forfeiture of a patent, the Office of the Public
Prosecutor may be an intervening party and make submissions seeking a declaration of
absolute invalidity or forfeiture of the patent.
(3) It may even enter directly a principal suit seeking a declaration of invalidity in the
cases provided for in Article 39(1)(b).
(4) In the cases provided for in the foregoing paragraph, all holders of rights in the
patent whose acts have been entered in the Special Register of Patents of the Organization
under Article 34 shall be party to the proceedings.