In addition, the court may order, at the expense of the guilty party, that the ruling be
displayed in such public places as it considers appropriate and that the ruling be published, in
full or in part, in the newspapers it designates.
A fine of one to five thousand dinars may be imposed on any person who has included,
in his commercial documentation, advertisements or goods, a reference creating the belief that
an industrial design has been deposited under this Law, whereas the deposit has not taken
place or it has been annulled, or that the period for which it has been carried out has ended.
A criminal case may be brought by the Public Prosecutor’s Office only on a complaint
by the injured party.
25. In the case of a repeat offence, a prison sentence of one to six months may be
handed down in addition to the fine which is doubled.
26. In the case of a conviction, the court may order that the instruments used to
manufacture the incriminating items be confiscated.
27. The events prior to the deposit shall not give rise to any action under this Law.
No criminal or civil case may be brought under Article 24 of this Law, before the
deposit has been published.
The events subsequent to the deposit, but prior to it being made public, may, under
Article 24 of this Law, give rise to a case (even in civil law) only provided that the injured
party establishes the bad faith of the guilty party.
Where the events are subsequent to the deposit being made public, the persons
responsible may plead their good faith, provided that they supply appropriate proof.
28. The injured party may provide, through a bailiff-lawyer, a detailed description, with
or without seizure, of the incriminating objects or instruments, subject to an order issued by
the president of the competent court, on submission of a request and production of proof of
the deposit.
The president of the court may demand from the requestor a security which the
requestor shall be obliged to pay before undertaking the operation referred to in the first
subparagraph of this article.
Before making a seizure, the bailiff-lawyer shall give a copy of the order and the record
of seizure to those in possession of the objects described and, where necessary, of the act
recording the security deposit, subject to the proceedings being declared void and damages
against the bailiff-lawyer being paid.
Where the requestor does not initiate court proceedings within a period of fifteen days,
the description or seizure shall be declared void ipso jure, without prejudice to the damages.
The period of fifteen days shall begin from the day on which the seizure or description
has taken place.
29. The infringement cases provided for by this Law shall be time-barred within a
period of three years from the time of the infringing events which are the cause of the cases
brought.
30. The provisions contained in this chapter shall not prevent recourse to arbitration,
subject to the requirements of the Code of Arbitration.
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