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This description may be drawn up with the help of a qualified expert.
In the same writ, the President of the court may authorize any declaratory
proceedings necessary to establish the origin, nature and scope of the infringement.
The implementation of said writ may be subject to the provision by the plaintiff of
guarantees to indemnify the defendant for any prejudice suffered where the
infringement action is subsequently judged to be unfounded.
Where the applicant fails to bring legal proceedings before the court within a
maximum of 15 days as from the date of implementation of the above writ, the
detailed description, or seizure, shall become invalid as of right, without prejudice to
the award of any damages.
Article 209
Where it is necessary to establish that a good or service has been substituted for the
one requested under a registered mark, the bailiff shall only be obliged to produce
the writ provided for in Article 208 above after delivery of the good or service other
than the one requested, and where the writ authorizes several establishments of
substitution, only after the last delivery or last service.
Article 210
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 applicant’s benefit, of known infringing goods 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 to be allocated to the beneficiary of the sentence imposed.
Section II – Criminal proceedings
Article 211
The following shall be considered infringers and punishable by two years’
imprisonment and a fine of 2,000,000 FD:
(1) those who have infringed a registered mark or have fraudulently affixed a mark
belonging to another;
(2) those who have used a mark without the authorization of the interested party,
even with the addition of words such as “formula”, “type”, “system”, “recipe”,
“imitation” or “kind”, or any other similar indication likely to mislead the buyer;
(3) those who have held without legitimate grounds goods which they knew bore an
infringing or fraudulently affixed mark and who knowingly sold, placed on sale,
supplied or offered to supply goods or services under such a mark;