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Article 159
The owner of a registered mark may, at any time, by written declaration, waive the
effects of this registration for all or part of the goods or services covered by the
registration.
Where the mark is jointly owned, waiver may only be effected if it is required by all of
the joint owners.
Where licenses and encumbrances have been entered in the National Register of
Marks, the declaration of waiver shall only be entertained if it is accompanied by the
consent of the holders of the rights entered.
Waiver shall be entered in the National Register of Marks.
Article 160
Any interested party, including the Public Prosecutor’s Office, may bring proceedings
to invalidate the registration of a mark made in violation of the provisions of Articles
132 to 134 above.
Only the owner of an earlier right may bring proceedings for invalidation on the basis
of Article 136 above. However, such proceedings shall not be entertained if the mark
has been filed in good faith and if the owner has tolerated its use in Djibouti for five
years.
A decision to cancel shall have absolute effect.
Article 161
The owner of a well known mark for the purposes of Article 6bis of the Paris
Convention for the Protection of Industrial Property and Article 16(2) and (3) of the
TRIPS Agreement may demand the cancellation of the registration of a mark that is
likely to create confusion with his own. Such action for invalidation shall be statutebarred five years after the date of registration of the mark, unless the registration has
been requested in bad faith.
Article 162
An owner of a mark who, without proper reasons, has not made serious use of the
goods or services covered by the registration, for an uninterrupted period of five
years, shall be liable to the forfeiture of his rights.
The following shall be considered such use:
((a) usage in Djibouti with the consent of the owner of the mark registration;
((b) usage in Djibouti for products that have been marketed in accordance with the
first paragraph of Article 154;
((c) use of the mark in an amended form which does not alter its distinctive nature;
((d) the affixing of the mark to goods or their packaging, solely with a view to export.