(2) Any party to a license contract shall be entitled to intervene in infringement
proceedings brought by another party in order to secure compensation for prejudice specific to
him.
(3) Any action for infringement of a subsequently registered mark whose use has been
tolerated for three years shall be inadmissible except where it has been filed for registration in
bad faith. However, the inadmissibility of the action shall be confined to those goods and
services for which the use was tolerated.
TITLE VII
JURISDICTION
Article 47
Competent Jurisdiction
(1) Civil actions relating to marks 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 mark, the competent court shall pass judgment
thereon.
Article 48
Infringement Seizure
(1) The owner of a mark or holder of an exclusive right of exploitation 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 goods or services that he claims have been marked,
provided or furnished to his prejudice in breach of the provisions of this Annex.
(2) The order shall be made on request, subject to proof that the mark is registered and
that it has neither lapsed nor 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 or seized 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 49
Time Limit for Initiating 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.