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He may moreover, further to a writ issued by the President of the court for the place
of infringement, give rise to a detailed description, with or without seizure, of the
allegedly infringing goods or processes to be conducted by a bailiff, assisted by an
expert, where appropriate.
The implementation of said writ may be subject to the provision of security by the
applicant.
In the same writ, the President of the court may authorize a bailiff, assisted by a
qualified expert, who shall be responsible for any declaratory examination needed to
establish the origin, nature and scope of the infringement.
The same right shall be available to the beneficiary of an exclusive right to work on
the condition laid down in the second paragraph of Article 189 of this Law, as well as,
subject to the condition provided for in Article 197 above, to the beneficiary of a
compulsory license or an ex officio license.
Where the petitioner fails to institute legal proceedings before the court within a
maximum of 15 days as from the date of implementation of the writ, the detailed
description, with or without seizure, shall be considered invalid as of right, without
prejudice to the award of any damages.
Article 199
At the request of the aggrieved party, and provided that the measure is necessary to
ensure the prohibition on continuing the infringement, the court may order the
seizure, for the petitioner’s benefit, of known infringing articles, which are the
property of the infringer on the date of the prohibition’s entry into force and, where
applicable, that of the devices or means specifically intended for carrying out the
infringement.
Due consideration shall be given to the value of the goods seized when calculating
the compensation allocated to the beneficiary of the sentence imposed.
Section II – Criminal proceedings
Article 200
Any deliberate violation of the rights of a patent owner, as defined in Articles 53 and
54 above, shall constitute infringement and shall be punishable by the penalties
provided for in Articles 301 to 303 of the Penal Code.
The court may also order additional penalties provided for in Articles 310 to 312 of
the Penal Code.
Article 201
Those who have knowingly received, displayed, placed on sale or sold, introduced or
exported known infringing goods, shall be liable to the same penalties as the
infringers. The same shall apply to any assistance knowingly provided to the author
of the offenses referred to above.