offense shall be punished with a fine of 1,000,000 to 6,000,000 CFA francs, without prejudice
to the right to compensation.
Article 42
Recidivism and Aggravating Circumstances
(1) In the event of recidivism, imprisonment for a term of one to six months may be
imposed in addition to the fine specified in Article 41.
(2) Recidivism shall be deemed to have occurred when, within the preceding two years,
the defendant has received a first conviction for one of the offenses provided for in this
Annex.
(3) Imprisonment for a term of 15 days to 3 months may also be imposed if the
infringer is a worker or employee who has worked in the workshops or establishment of the
owner of the utility model, or if the infringer, having joined a worker or employee of the
owner of the utility model, has become acquainted through him with the processes described
in the registration of the utility model.
(4) In the latter case, the worker or employee may be prosecuted as an accomplice.
Article 43
Extenuating Circumstances
The provisions of the national legislation of member States on extenuating
circumstances shall apply to the offenses provided for in this Annex.
Article 44
Condition for Initiation of Criminal Proceedings
Criminal action seeking the imposition of the above penalties may only be brought by
the Office of the Public Prosecutor on a complaint by the injured party.
Article 45
Exceptional Competence of the Criminal Court
The criminal court, when dealing with an action for infringement, shall rule on the
arguments put forward by the accused in his defense, such as the alleged invalidity or
forfeiture of the utility model or questions relating to ownership of the said utility model.
Article 46
Acts Prior to Registration
Acts occurring prior to the registration of a utility model shall not be considered
prejudicial to the rights of the owner of the utility model and may not be invoked to justify
conviction, even under civil law, with the exception however of acts subsequent to the
communication to the alleged infringer of an official copy of the description of the invention
attached to the application for registration of the utility model.
Article 47
Infringement Seizure
(1) Owners of certificates of registration of utility models or holders of exclusive
exploitation rights may, acting in pursuance of an order from the president of the civil court
within whose jurisdiction the action is to be taken, engage bailiffs or public or ministerial