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(4) those who have knowingly delivered a good or supplied a service other than the
one requested of them under a registered mark;
(5) those who have imported or exported products bearing an infringing or
fraudulently affixed mark.
Article 212
The following shall be punishable by two years’ imprisonment and a fine of 2,000,000
FD:
((a) those who, without infringing a registered mark, have made a fraudulent imitation
thereof which is liable to deceive the buyer or who have used a fraudulently imitated
mark;
((b) those who have used a registered mark bearing indications liable to deceive the
buyer as to the nature, substantive qualities, composition or content in terms of
useful components, the kind or origin of the article or good designated;
((c) those who have held without legitimate grounds goods which they knew bore a
fraudulently imitated mark or those who knowingly sold, placed on sale or offered to
supply goods or services under such a mark.
Article 213
Those who have included in their trademarks or service marks the signs prohibited
under Article 134((a) above without the authorization of the competent authorities,
and those who have introduced into Djibouti, held, placed on sale or sold natural or
manufactured products bearing said signs as a mark shall be punishable by two
years’ imprisonment and a fine of 2,000,000 FD.
Article 214
Any infringement of the rights of the owner of a certificate of registration of a
trademark or service mark as defined, respectively, in Articles 153 and 154 above,
may be the subject of proceedings ordered by the Public Prosecutor’s Office of its
own motion, without any complaint brought by a private party or rights holder.
Article 215
The court may also order additional penalties provided for in Articles 310 to 312 of
the Penal Code.
Article 216
The penalties provided for under Articles 211 to 213 and 215 above shall apply in
respect of collective marks and certification marks.