80. The ex officio license shall be non-exclusive. The rights deriving from that license
may only be transferred together with the business or the company or part of the company to
which they are attached.
81. Amendments to the conditions of the license that are requested either by the owner
of the patent or by the licensee shall be decided upon and published according to the
procedure laid down for the grant of the said license. Where they relate to the financial
remuneration payable to the owner of the patent, they shall be decided upon according to the
procedure laid down for the original fixing of that remuneration.
The owner of the patent may apply for the withdrawal of the ex officio license for failure
to comply with the obligations imposed on the licensee.
The procedure applicable to the withdrawal of the ex officio license shall be that relating
to the grant thereof.
Chapter XII
Infringement and Sanctions
82. Any infringement of the rights of the owner of the patent as specified in Article 46
of this Law shall constitute the offense of infringement..
Infringement shall incur the civil and criminal liability of the infringer.
However, the offering for sale, marketing, use, stocking with a view to use or marketing
of an infringing product shall not, where the acts are committed by a person other than the
manufacturer of the infringing article, incur the liability of the infringer unless they are
performed in full knowledge of the facts.
Acts performed prior to the publication of the patent application shall not constitute the
offense of infringement and shall not give rise even to an adverse civil judgment except where
they occur subsequently to the serving on the presumed infringer of an official copy of the
patent application.
83. Subject to the penalties provided for in special enactments, the offense of
infringement shall be punished with a fine of 5,000 to 50,000 dinars.
In the event of a second or subsequent offense, imprisonment for a term of one to
six months may be ordered in addition to the fine, which shall be doubled.
The Public Prosecution Service may only initiate prosecution on the basis of a
complaint filed by the aggrieved party.
84. The civil action for infringement shall be instituted by the owner of the patent or of
the patent application.
The joint owner of a patent application or patent has the right to bring an infringement
action for his own benefit alone. He shall convey a copy of the writ of summons to the other
joint owners.
The owner of an exclusive contractual license may bring the infringement action, unless
the contract provides otherwise, if the owner of the patent fails to bring such action after
having been called upon to do so.
The owner of a compulsory or ex officio license may bring the infringement action
where the owner of the patent fails to bring such action after having been called upon to do so.
page 19/23