19 Section 7 Cancellation and Lapse of Registrations 83.—(1) The competent court may, at the request of a competent authority or of any person proving a legitimate interest, and after having given the owner an opportunity to be heard, declare null and void the registration of a mark with effect from the date of registration if: (a) the mark does not meet the requirements of Articles 55 and 57; (b) the mark conflicts with a prior right in respect of the same goods or the same services. (2) Where the grounds of nullity are given for only one class of goods or services or certain goods within a certain class, nullity of the registration shall be declared for that part of the goods or services only. (3) The property right in a mark shall lapse: (a) on renunciation by a written declaration from the owner; (b) on expiry of the period referred to in Article 69(1) if renewal of the registration has not been requested within the time limits set out in paragraph (2) of that Article; (c) as the result of a final decision by the competent court declaring the registration to be null and void or ordering its removal. (4) The property right in a mark shall also lapse for failure to use the mark within a period of three years as from the date of registration unless the owner of the mark is able to produce legitimate reasons for his failure to act. Section 8 Infringement of Rights and Legal Proceedings 84.—(1) Any infringement of the rights under a mark 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. 85.—(1) On a simple request supported by presentation of his registration certificate, the owner of a registered mark may, by virtue of an order issued 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 articles bearing the allegedly infringing mark. (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 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.

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