page 91
right that is the subject of the license and which are not necessary for
safeguarding this right shall be deemed to be abusive or anti-competitive.
Article 459: Without prejudice to the provisions of Article 458, the licensing contract may
provide for the following limitations:
- the delimitation of the scope, geographical area and term of use;
- the preconditions for effective control of the quality of the goods and
services, subject to the provisions of Article 56;
- the obligations for the licensee to refrain from any act which could harm the
reputation of the right holder or the subject of this right.
Article 460: If the right which is the subject of the assignment or licensing contract is
invalidated after the contract enters into force, it shall immediately cease to have
legal effect. The parties may recover all or part of the payments made in
connection with the contract or other advantages arising therefrom unless the
party for whose benefit these payments were made or these advantages were
granted has benefited in good faith from the contract and the invalidation neither
prevents nor revokes these advantages.
Article 461: Procedures and penalties shall apply, in accordance with the Penal Code and the
Code of Penal Procedure, for deliberate acts of counterfeit trademark or piracy
infringing an intellectual right, which have been committed on a commercial
scale.
The provisions of this Title shall apply to penal procedures, particularly with
regard to the seizure, confiscation or destruction of the goods concerned and of
all materials and instruments used to commit the offense.
Chapter II: The industrial property registration service
Section 1: Administrative organization
Article 462: A service for registration of industrial property is hereby set up within the
Ministry responsible for trade and industry. Its organizational structure and the
arrangements for its operation shall be determined by decree.
Article 463: The service for registration of industrial property shall be responsible for all
functions relating to the procedure for granting patents and registering industrial
designs, marks and collective marks, as well as administering the patents granted
and the designs, marks and collective marks registered, in accordance with the
provisions of this Law and the regulations.
Article 464: The service for registration of industrial property shall keep separate registers for
patents, utility models, industrial designs, layout designs, marks, geographical
indications, and traditional knowledge.