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on account of distance provided for by the Code of Criminal Procedure, without
prejudice to any damages that may be claimed.
Article 194
Acts prior to the recording of the grant of invention patents, certificates of addition,
certificates for layout designs (topographies) for integrated circuits, or the registration
of industrial designs or the registration of trademarks or service marks in the registers
kept by the entity responsible for industrial property shall not give rise to any
proceedings stemming from this Law.
Article 195
In the event of infringement of these rights, the owner of any of the rights provided for
in this Law may also request damages and the application of any other sanction
provided for in civil law, particularly the seizure or destruction of counterfeit items and
any equipment and instruments used to create or manufacture them, removal of the
filing and registration, total or partial publication of the conviction in a newspaper
appearing in Djibouti, at the expense of the unsuccessful party, and an injunction
subject to penalty against the allegedly infringing acts.
Article 196
Persons convicted under the provisions of this Title may further be deprived, for a
maximum period of five years, of the right of belonging to professional chambers.
Chapter II
Invention patents
Section I – Civil proceedings
Article 197
The owner of a compulsory license, referred to in Articles 60 and 66 above, may
bring an infringement action where the patent owner fails to bring such action after
having been served formal notice.
The beneficiary of an ex officio license referred to in Articles 69, 74 and 75 above
may bring the infringement action where the owner fails to bring such action after
having been served formal notice.
Article 198
The owner of an application for a patent or a certificate of addition deriving from a
main patent, or the owner of a patent or a certificate of addition deriving from a main
patent, shall be allowed to use any means of proving the infringement of which he
claims to be a victim.