TITLE V
INFRINGEMENT, LEGAL PROCEEDINGS
AND PENALTIES
Article 58
Infringement
Subject to the provisions of Articles 8 and 46 to 56, any violation of the rights of a
patentee by the use of means forming the subject matter of his patent, by the receiving or sale
or display for sale or by the introduction into the national territory of one of the member
States of one or more objects shall constitute the offense of infringement. That offense shall
be punished with a fine of 1,000,000 to 3,000,000 CFA francs, without prejudice to the right
to compensation.
Article 59
Recidivism and Aggravating Circumstances
(1) In the event of recidivism, imprisonment for a term of one to six months may be
imposed in addition to the fine specified in Article 58.
(2) Recidivism shall be deemed to have occurred when, within the preceding five years,
the defendant has received a first conviction for one of the offenses provided for in this
Annex.
(3) Imprisonment for a term of one to six months may also be imposed if the infringer
is a worker or employee who has worked in the workshops or establishment of the patentee,
or if the infringer, having joined a worker or employee of the patentee, has become acquainted
through him with the processes described in the patent.
(4) In the latter case, the worker or employee may be prosecuted as an accomplice.
Article 60
Extenuating Circumstances
The provisions of the national legislation of member States on extenuating
circumstances shall apply to the offenses provided for in this Annex.
Article 61
Condition for Initiation of Criminal Proceedings
Criminal action seeking the imposition of the above penalties may only be brought by
the Office of the Public Prosecutor on a complaint by the injured party.
Article 62
Exceptional Competence of the Criminal Court
The criminal court, when dealing with an action for infringement, shall rule on the
arguments put forward by the accused in his defense, such as the alleged invalidity or
forfeiture of the patent or questions relating to ownership of the said patent.
Article 63
Acts Prior to Grant
Acts occurring prior to the grant of a patent shall not be considered prejudicial to the
rights of the patentee and may not be invoked to justify conviction, even under civil law, with