packaging or others, of indications that may lead to believe that such
a party has obtained a patent for an invention or a utility model.
Repetition of the offense shall be punishable by imprisonment for a
period of no more than two years and by a fine of not less than 40,000
pounds and not more than 200,000 pounds.
In all cases, the court shall order the seizure of the infringing
imitated products and the implements used in the imitation. The
conviction decision shall be published in one or more daily newspapers,
at the expense of the convicted party.
Article 33
The holder of a patent or a utility model may request the president
of the competent court, as may be the case, to order conservatory
measures against products or goods that are claimed to imitate a
patented product, according to the detailed description established
in the patent or utility model document. The necessary conservatory
measures shall be ordered to preserve such products and goods in their
state.
The aforementioned order may be issued before instituting the
proceedings. Such order shall lapse if the proceedings are not
instituted within 8 days from the date of the injunction.
Article 34
The identical product shall be deemed to be obtained by the patented
process, if the plaintiff could prove in his civil proceedings:
(1) that the identical product was made by the direct use of the patented
process; or
(2) that he has exerted reasonable efforts to determine the process
actually used in the production. In such a case, the court may require
the defendant to provide evidence that the identical product was made
by a process other than the patented process owned by the plaintiff.
In requiring the production of evidence, the court shall take into
account the legitimate interest of the defendant in protecting his
manufacturing and business secrets.
Article 35
The president of the competent court dealing with the merits of the
case may, at the request of any interested party and on petition, order
one or more of the appropriate conservatory measures to ensure the
payment of the decided fines or damages. He may also order destruction
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