10
40. The register may be consulted by the public. Copies may be obtained of all
information, except that covered by Article 37(2). The conditions for consulting the register
or obtaining information shall be laid down in the implementing decree.
Section 7
Infringement of Rights and Legal Action
41.—(1) Any infringement of the rights under a patent or an inventor’s certificate shall
constitute an offense punishable by imprisonment of between six months and three years and
a fine of between MGF 500,000 and 10,000,000 or one of those penalties only.
(2) In the event of a repeated offense, the penalty shall be doubled.
42.—(1) On a request supported by presentation of his title, the owner of a patent or
inventor’s certificate may, by virtue of an order issued by the presiding judge of the civil court
of the place of infringement, direct any bailiffs or any law officers, assisted where necessary
by an expert, to proceed with the identification and detailed description, with or without
seizure, of the allegedly infringing articles.
(2) In the event of seizure, the petitioner shall be required to provide a guarantee
beforehand.
(3) Copies of the record of the articles described or seized by virtue of an order and of
the instrument recording deposit of the guarantee shall be handed to the author of the alleged
infringement, on pain of nullity and of damages against the bailiff or law officer.
(4) Without prejudice to the damages that may be claimed and on pain of nullity, the
petitioner shall institute proceedings before the court within one month of the seizure or of the
record of description.
43.—(1) Confiscation of articles acknowledged to be infringing and, where appropriate,
the means that have served for their manufacture may be ordered.
(2) The confiscated articles and equipment shall be handed to the owner of the patent or
inventor’s certificate, without prejudice to damages, posting or publication of the decision.
44.—(1) The beneficiary of a registered license may, by registered mail with
acknowledgment of receipt, require the owner of the patent to institute proceedings with
regard to any infringement of the patent that he has notified to him.
(2) If the owner of the patent refuses or fails to institute such proceedings within three
months of notification, the licensee may act in his own name where not otherwise stipulated
in the contract.
45.—(1) The competent court may annul a patent or inventor’s certificate subsequent to
a request by the public prosecutor and any other person concerned.
(2) A patent or inventor’s certificate that has been annulled shall be deemed to have
been without effect as from the date on which it was granted.
Section 8
International Applications
46. The procedures relating to international applications for patents or inventors’
certificates within the meaning of the Patent Cooperation Treaty of June 19, 1970, (hereinafter
referred to as “the PCT”) shall be governed by the provisions of the PCT, its Regulations and