Design

Article 129

The Trade Registry Department may, when public interest so requires, and subject to the approval of a ministerial committee established by a decision of the Prime Minister upon submission of the competent minister, issue a motivated decision to grant a third party non-voluntary and non-exclusive license for the exploitation of the protected industrial Designs, against fair compensation. The Regulations shall provide for the terms, conditions and procedures for the grant of such a license.

Article 130

The Department shall publish the decisions of registration, renewal and cancellation in the Gazette of Trademarks and Industrial Designs, accompanied, where necessary, by a copy of the Designs, and in the manner prescribed by the Regulations.

The provisions of Articles 80, 81, 82 and 83 shall apply to this Chapter.

Article 131

Any person may request to consult the registered industrial Designs or obtain extracts or copies thereof from the register, according to the rules and procedures prescribed by the Regulations and against payment of the fee prescribed therein, which is not to exceeding 100 pounds.

Article 132

Temporary protection shall be granted to industrial Designs that fulfil the registration requirements which are displayed in national or international exhibitions, as determined by a decision of the competent minister.

The Regulations shall provide for the terms, conditions and procedures for the grant of such protection.

Article 133

The Department and any interested party may file a case with the Administrative Tribunal with a view to revoke an unlawful registration of an industrial Designs. The Department shall revoke the registration upon receipt of a binding order to that effect.

Article 134

Without prejudice to any more severe punishment stipulated under any other law, shall be punishable by a fine of not less than 4,000 pounds and not more than 10,000 pounds any person who:

(1) imitates a protected industrial Designs registered according to the provisions of this Law;

(2) knowingly, manufactures, sells, offers for sale, acquires for trade or circulation, products bearing imitated industrial Designs;

(3) unlawfully affixes on products, advertisements, trademarks, certain implements or the like, indications that may lead to believe that such a person has registered an industrial Designs.

In case of repetition, the punishment shall be imprisonment for a period of not less than one month and a fine of not less than 8,000 pounds and not more than 20,000 pounds.

In all cases, the court shall order the confiscation of the incriminated industrial Designs, the infringed products and the implements used in the infringement. The convicting order shall be published in one or more newspapers at the expense of the convicted party.

Article 135

The president of the competent court considering the merits of the case may, upon a request of any interested party, and by an order issued on the basis of a petition, order one or more appropriate conservatory measures, and in particular:

(1) Establish the infringement of a protected right.

(2) Draw up an exhaustive inventory and detailed description of the infringed products and the implements used or may have been used in the infringement.

(3) Order the seizure of the articles stated in item (2).

In all cases, the president of the court may order the assignment of one or more experts to assist the bailiff in charge of the execution; and may order the requesting party to provide an appropriate security.

The requesting party shall submit the merits of the case to the competent court, within 15 days of issuing the order, failing which such order shall cease to have effect.

Article 136

The incriminated person may, within 30 days from the date of the issue or notification of the order, as may be the case, appeal [the order] to the president [of the court] who issued such an order. The president of the court may confirm or revoke the order, totally or partly.

Article 137

The Minister of Justice shall, in agreement with the competent minister, appoint persons with judiciary powers for the implementation of the provisions of this Chapter.