(2) The following persons shall also be punished with the penalties referred to in
paragraph (1) above:
(a) those who knowingly provide a product or render a service other than that requested
of them under a registered mark;
(b) those who make use of a mark bearing information liable to mislead the buyer as to
the nature of the goods.
Article 38
Penalties in Connection with
Compulsory Marks and Prohibited Signs
The following persons shall be punished with a fine of 1,000,000 to 2,000,000 CFA
francs and with imprisonment for a term of 15 days to six months, or to only one of those
penalties:
(a) those who do not affix to their goods a mark that has been declared compulsory;
(b) those who sell or offer for sale goods that do not bear a mark declared compulsory
for that type of goods;
(c) those who violate the terms of decisions taken under Article 1 of this Annex;
(d) those who incorporate in their marks signs that are prohibited under the provisions
of this Annex.
Article 39
Penalties Not Cumulative
(1) The penalties specified in Articles 37 and 38 of this Annex shall not be cumulative.
(2) The severest penalty alone shall be imposed for all acts prior to the first act
proceeded against.
Article 40
Penalties in the Event of Recidivism
(1) In the event of recidivism, the penalties specified in Articles 37 and 38 shall be
doubled.
(2) Recidivism shall be deemed to have occurred when, within the preceding five years,
the offender has been found guilty of one of the offenses specified in this Annex.
Article 41
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 42
Deprivation of Electoral Rights
(1) Offenders may, in addition, be deprived of the right to participate in elections to
professional groups such as chambers of commerce and industry and chambers of agriculture
for a period not exceeding ten years.