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The rights conferred by the registration of an industrial design may be asserted
against a licensee who infringes one of the limits of his license imposed in
accordance with the previous paragraph.
Subject to the provisions of Article 19 above, the transfer of the rights referred to in
the first paragraph of this Article shall not infringe the rights acquired by third parties
prior to the date of transfer.
Acts comprising transfer or a license covered by the first two paragraphs above shall
be recorded in writing, on pain of invalidation.
Article 125
To be binding on third parties, any acts transferring, amending or affecting the rights
deriving from an industrial design must be entered in a register known as the
“National Register of Industrial Designs” kept by the Djibouti Office of Industrial and
Commercial Property.
However, an act shall be binding before such entry on third parties who have
acquired rights after the date of the act but who had notice thereof when they
acquired the rights.
Acts amending the ownership of the industrial design or the enjoyment of the rights
deriving therefrom, such as assignment, licensing, the making or assignment of an
encumbrance or the surrender thereof, seizure, validation and lifting of seizure, shall
be entered in the register at the request of one of the parties to the act.
For the entry of references following a court decision which has become final, the
registrar office shall send, within 15 days after the date of said decision, to the
Djibouti Office of Industrial and Commercial Property, a full set of decisions free of
charge relating to the existence, scope and exercise of the rights deriving from the
protection afforded under this Title.
The formalities to be completed and the documents to be attached to requests for
entries shall be fixed by regulation.
Article 126
Any interested person may obtain an excerpt from the National Register of Industrial
Designs.
Section II Seizure
Article 127
The seizure of an industrial design shall be effected on the basis of an order handed
down by the President of the court ruling in summary proceedings provided for in
Article 1, paragraph 1, of the decision of March 11, 1969 on protective measures.
The order authorizing the seizure shall be notified to the design owner, the Djibouti
Office of Industrial and Commercial Property and those persons holding rights in the
design entered in the National Register of Industrial Designs.