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(4) The contract shall enter into force only once its advisability has been examined and
the competent authority has given a favorable decision.
111.—(1) Applications for or registrations of designs may be assigned inter vivos or
transferred on death.
(2) The moral right of the creator of the design shall be inalienable even subsequent to
the term of protection afforded by this Ordinance.
112.—(1) The owner of a design may grant a license, by contract, to another person to
exploit the design.
(2) Clauses in license contracts shall be null and void insofar as they impose, in the
industrial or commercial field, restrictions not deriving from the rights conferred by the
design or unnecessary for the safeguarding of those rights.
(3) Limitations concerning the extent, scope, territory or duration of exploitation of the
design, or the quality of the products in connection with which the industrial design may be
exploited shall not be deemed to constitute limitations prohibited by paragraph (2).
(4) A clause imposing the obligation on the licensee to refrain from any act capable of
prejudicing the validity of the registration of the design shall remain lawful.
(5) Unless explicitly provided in the contract, the licensee may not assign his license or
grant sublicenses. He shall nevertheless be entitled to carry out all acts referred to in
Articles 104 and 107.
(6) The licensor shall maintain his right to exploit his design or to grant other licenses
unless he has granted an exclusive license.
Section 6
Infringement of Rights and Legal Proceedings
113.—(1) Any infringement of the rights under an industrial design 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 two penalties only.
(2) In the event of a repeated offense, the penalty shall be doubled.
114.—(1) On a simple request, supported by presentation of his registration certificate,
the owner of a registered design may, by virtue of an order given 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 design.
(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.
115.—(1) Confiscation of articles acknowledged to be infringing may be ordered.
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