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Art.94. The public right of action for the
Section 1 – Invalidity
imposition of penalties, provided for in
Article 93, may only be initiated by the
Public Prosecutor’s Office, at the injured
Art.96. Patents and incentive certificates
party’s request.
may be the subject of invalidity
proceedings.
Civil action based on counterfeiting shall
only be admissible if the offense has been
Invalidity shall be pronounced by the
criminally established.
competent court at the request of any
interested party. However, the Public
Art.95. In case of a successful action for
Prosecutor’s Office may, as the main party
counterfeiting, the competent court shall
or a participant, act ex officio in the case of
order the cessation, by the counterfeiter, of
invalidity of a patent or incentive
any activity infringing the rights of the
certificate.
injured party.
Art.97. Invalidity shall be pronounced by
At the request of the injured party and
the courts in all instances where:
subject to the provisions of Article 114 of
1. in the case of a patent, it fails to meet
OrdinanceLaw No. 68/248 of July 10,
the conditions defined by this Law, in
1968 pertaining to Judicial Structure and
particular Articles 6 to 12;
Jurisdiction, as amended to date, the same
court may award him damages for the
2. in the case of an incentive certificate, it
harm suffered and/or order, for his benefit,
fails to meet the conditions defined by
the confiscation of the goods recognized as
this Law, in particular Article 14 and/or
counterfeits and, as the case may be, the
if its subject matter is unlawful,
confiscation of the instruments or utensils
contrary to public order or morality;
intended specifically for their manufacture.
Art.98. Invalidity may be total or partial.
By pronouncing the invalidity, the court
Chapter 8 – Invalidity and lapse of
patents and certificates
shall
simultaneously
pronounce
resulting secondary invalidities.
the