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The owner shall be entitled to take part in any infringement proceedings brought by
the beneficiary, in accordance with the previous paragraph.
Any licensee shall be entitled to take part in any infringement proceedings brought by
the owner, for the purpose of receiving compensation for the harm which he has
personally undergone.
Article 190
In the event of infringement of the rights provided for in Article 188, the court
President, ruling according to summary proceedings, may prohibit, provisionally and
subject to a coercive fine, the continuation of the alleged infringing acts, or make
such continuation subject to the provision of guarantees to ensure compensation for
the owner of the industrial property title or the licensee.
A request for prohibition or for the provision of guarantees shall be entertained only
where the action appears to be well founded, and where it has been brought within a
maximum period of 15 days as from the order on request.
The President of the court may make the prohibition subject to the provision by the
plaintiff of guarantees to compensate the defendant for any prejudice suffered by the
defendant where the infringement action is subsequently judged to be unfounded.
The President shall rule on condition that the matter be eventually referred back to
him in case of any difficulty.
Article 191
The competent court shall be that of the place of real or elected domicile of the
defendant, that of the place where his agent is established, or the court of the place
where the Djibouti Office of Industrial and Commercial Property is established, if the
defendant is domiciled abroad.
Article 192
The civil or criminal proceedings provided for under this Title shall be statute-barred
three years after the acts behind such proceedings take place.
The initiation of criminal proceedings shall suspend the prescription of civil
proceedings.
Article 193
The owner of one of the rights listed in Article 188 and registered with the Djibouti
Office of Industrial and Commercial Property has the right to seek and obtain
permission from the President of the Court of First Instance to appoint a bailiff,
possibly assisted by an expert of his choice, to carry out a description or seizure of
the goods or services alleged to have a mark put on them or which have been
delivered or supplied to others causing damage to him under this Law.
The description or seizure shall be considered null and void if the complainer did not
file a civil or criminal court case within 15 days, besides the extension of time-limits