page 58
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 owner of an exclusive right to work on the
condition laid down in the second paragraph of Article 189 of this Law.
Where the applicant fails to bring proceedings before the court within a maximum of
15 days as from the day of implementation of the above writ, the detailed description,
with or without seizure, shall become invalid as of right, without prejudice to the
award of any damages.
Article 206
At the request of the aggrieved party, provided that the measure proves necessary to
ensure the prohibition on continuing the infringement, the court may order the
seizure, for the applicant’s benefit, of known infringing articles, which are the property
of the infringer on the date the prohibition enters 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 articles seized when calculating
the compensation to be paid to the beneficiary of the sentencing.
Section II – Criminal proceedings
Article 207
Any deliberate violation of the rights of an industrial design owner shall constitute
infringement and shall be punishable by the penalties provided for in Articles 301 to
303 of the Penal Code.
The penalty provided for in the first paragraph above shall be increased to five years’
imprisonment and a fine of 10,000,000 FD if the infringer has worked for the
aggrieved party.
The court may also order the additional penalties provided for in Articles 310 to 312
of the Penal Code.
CHAPTER V
Trademarks and service marks
Section I Civil proceedings
Article 208
The owner of a registered mark or the beneficiary of an exclusive right to work shall
be entitled, pursuant to a writ by the President of the tribunal authorizing the
intervention of a bailiff, to either a detailed description with or without the taking of
samples or to the seizure of the goods or services he claims have been marked,
offered for sale, delivered or supplied to his detriment, in violation of his rights.