Article 33
Cancellation
(1) Any concerned person may request that a layout-design be removed from the
Register on the grounds that
(a) the layout-design is not eligible for protection under Articles 2 and 3;
(b) the holder is not entitled to enjoy the protection provided for in Article 4;
(c) if the layout-design has been commercially exploited anywhere in the world prior to
the filing of the relevant application for registration, such application has not been filed within
the time limit laid down in Articles 2(2) and 7(1).
(2) If the grounds for cancellation affect only a part of a layout-design, cancellation
shall be effected only to the corresponding extent.
(3) A request for cancellation of the registration of a layout-design based on paragraphs
(1) and (2) shall be submitted to the court in writing and duly reasoned.
(4) Any registration or part of a registration of a layout-design that has been cancelled
shall be deemed invalid as from the date on which protection took effect.
(5) The final decision of the court of the member State concerned shall be notified to
the Director General, who shall enter it in the Special Register and publish a relevant notice as
soon as possible.
Article 34
Infringement of Rights
The carrying out of any act termed unlawful in Article 5 shall constitute an infringement
of the rights deriving from a layout-design.
Article 35
Remedies for Infringement of Rights
At the request of the holder, or of his licensee if the latter has requested the holder to
institute legal proceedings for specific damages and the holder has refused or failed to do so
within a reasonable time, the court may order any measure in order to stop the infringement or
to prevent an imminent infringement, grant damages and order any other means of sanction
provided by law.
Article 36
Penalties for Infringement of Rights
Any person who, knowingly and without authorization, carries out any of the acts
termed unlawful in Article 5 shall be guilty of an offense subject to a fine of between
1,000,000 and 6,000,000 CFA francs or a term of prison not exceeding six months, or both
penalties.
Article 37
Other Penalties
The court may also order the seizure, confiscation and destruction of layout-designs,
integrated circuits or incriminated articles and of all equipment or tools having served
specially to commit the offense.