88. The infringement actions provided for in this Law shall be statute-barred after three
years following the occurrence of the events on which they are based.
89. The provisions of Chapter XII of this Law shall not prevent recourse to arbitration
under the conditions provided for in the Code of Arbitration.
90. Any person who improperly avails himself of the status of owner of a patent
application or patent shall be punished with a fine of 1,000 to 5,000 dinars.
In the event of a second or subsequent offense, the fine shall be doubled.
Chapter XIII
Border Measures
91. The owner of a patent or his successors in title may, if they have serious grounds
for suspecting an operation involving the import of infringing goods, submit to the customs
authorities a written request to have the import of the goods suspended at the time of customs
clearance.
The requester shall be bound to inform the customs authorities in cases where his rights
are not validly registered or have expired.
92. The request provided for in Article 91 of this Law shall contain the following:
— the surname and forename or corporate name of the requester, his home address or
the address of his registered office;
— a form of proof that the requester is the owner of rights in the goods to which the
dispute relates;
— a description of the goods that is sufficiently precise for the customs authorities to
recognize them.
In addition, the requester shall provide such other useful information as he has in his
possession so that the customs authorities may take a decision in full knowledge of the facts,
provided that the provision of such information shall not be a condition of acceptability of the
request.
The information shall relate in particular to:
— the place in which the goods are located or their intended destination;
— the identity of the consignment or packages;
— the intended date for the delivery or deposit of the goods;
— the mode of transport used;
— the identify of the importer, exporter or holder of the goods.
93. Customs authorities in receipt of a request drawn up under the provisions of
Article 92 of this Law shall examine the said request and inform the requester without delay,
in writing, of the decision taken. That decision shall be duly supported by a statement of
reasons.
The customs authorities may require the requester, where his request has been
entertained or where measures of intervention have been taken pursuant to the provisions of
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