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(2) Paragraph (1) shall also apply to patents issued or marks and designs registered
after December 31, 1976, and before the date of entry into force of this Ordinance, on
condition that the applications filed for the issue of such patents, marks and designs were filed
by December 31, 1976, with effect for the territory of the Democratic Republic of
Madagascar.
(3) Paragraphs (1) and (2) shall only apply if the owner of the patent or of the mark or
design registration:
(i) hands to the Agency a declaration of maintenance in force of his titles together with
the proofs required by the implementing decree and
(ii) pays the prescribed fees to the Agency,
within a period of one year as from the date of entry into force of this Ordinance.
(4) The person who, prior to entry into force of this Ordinance, was the first to publicly
use a mark continuously shall enjoy, by reason of that use, a priority in relation to the right of
the first applicant on condition that he files his mark within three years of such entry into
force. The filing must contain a declaration stating that the mark has already been used prior
to entry into force of this Ordinance, together with proof of continuous public use in
accordance with Article 58(3) of this Ordinance.
(5) Following entry into force of this Ordinance, the titles referred to in paragraphs (1)
to (3) shall be governed by this Ordinance.
134. In addition to the issuing or registration of the titles of protection referred to in this
Ordinance, the Agency shall be responsible for the promotion of inventive activities of
nationals of the country and the provision to the public of an industrial property information
service, particularly with respect to patents.
135. Notwithstanding the provisions of Articles 33(3), 42, 85 and 114, above, and the
rules on competence in penal matters, any dispute arising from application of this Ordinance
shall be heard by the civil court of the domicile of the holder of the patent or inventor’s
certificate, the owner of the mark, industrial design or trade name or, if they are domiciled
abroad, the civil court of the place of the headquarters of the Agency.
Decisions by the court shall be appealable in accordance with the general rules of
procedure.
136. Notwithstanding the provisions of Articles 17, 60 and 97, the application may be
filed provisionally using modern telecommunication means, subject to the filing of an original
application, the conditions of which shall be laid down by decree.
137. Notwithstanding the application of Article 8, certain subject matters not governed
by public policy may enjoy specific protection by decree.
138. All earlier provisions that are contrary to this Ordinance are repealed.
139. Where necessary, regulatory instruments shall lay down the conditions for
implementing this Ordinance, particularly as regards the applicable fees and the
classifications to be used for inventions, marks and designs.
140. The legal arrangements instituted by this Ordinance for the protection of industrial
property may be the subject of revision.
141. The date of entry into force of this Ordinance shall be determined by decree.
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