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proceedings for counterfeiting within the
The order of the President of the competent
limits of the damage he has suffered,
court shall be handed down upon simple
unless the patentee has reserved the
request, in the light of the documentary
prerogative of instituting such proceedings.
evidence.
In any event, the holder of an exclusive
Actual seizure shall give rise to the prior
license shall only be entitled to institute
payment of a security whose amount shall
proceedings for counterfeiting if, after
be set via enabling measures.
being given formal notice, the patentee
fails to take such action.
If the claimant fails to bring an action
before the competent court within a
Art.91. The patentee shall be entitled to
maximum period of three months, starting
participate
for
from the date of notification of the
counterfeiting brought by the patentee with
foregoing order, the description or seizure
a view to obtaining compensation for any
shall automatically be null and void,
damage he may have suffered.
without prejudice to any damages which
may be claimed.
Similarly, any exclusive licensee shall be
entitled to participate in the proceedings
Art.93. The offense of counterfeiting shall
for counterfeiting brought by the patentee
be punishable by one to six months’
with a view to obtaining compensation for
imprisonment and a fine, the amount of
any damages he may have suffered.
which shall be fixed by enabling measures,
or by only one of these penalties.
Art.92. The beneficiaries of proceedings
for counterfeiting in accordance with
Second offenders shall be punishable by
Article 90 may have the President of the
twice the maximum penalties provided for
competent court order precautionary
in the previous Article.
measures, in particular, to have bailiffs,
assisted or not by experts of their choice,
Within the meaning of this Article, a
make a detailed description, with or
second offense shall be deemed to have
without
occurred if the accused has already been
in
seizure,
proceedings
of
the
allegedly
counterfeit goods.
convicted of counterfeiting in the last six
years.