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Article 112
Any interested party may institute normal proceedings before the competent court of first
instance to order prohibiting the use of any geographical indication not included in a registered
trademark, where such use is likely to mislead the public as to the real origin of the products.
The competent court of first instance shall be the court having jurisdiction at the place where
the geographical indication is used.
Article 113
Without prejudice to any more severe punishment under any other law, shall be punishable
by imprisonment for a period of not less than two months and by a fine of not less than 5,000
pounds and not more than 20,000 pounds, or by either punishment, any person who:
(1)
counterfeits a trademark registered in accordance with the law or imitates it in a manner
which is likely to mislead the public;
(2)
fraudulently uses counterfeit or imitated trademarks;
(3)
fraudulently affixes to his products a trademark belonging to a third party;
(4)
knowingly sells, offers for sale or distributes, or acquires for the purpose of sale, products
bearing a counterfeit or imitated mark, or on which the mark was unlawfully affixed.
In case of repetition, the offence shall be punishable by imprisonment for a term of not less
than two months and by a fine of not less than 10,000 pounds and than 50,000 pounds.
In all cases, the court shall order the confiscation of the infringing products, the revenue and
the returns of such products as well as the implements used in the infringement.
The court may, when issuing a condemnation, order the closure of the enterprise used to
commit his infringement, for a period not exceeding six months. In the event of repetition the
enterprise shall imperatively be closed down.
Article 114
Without prejudice to any more severe punishment under any other law, shall be punishable
by imprisonment for a period of not less than one month and by a fine of not less than 2,000 pounds
and not more than 10,000 pounds or by either punishment any person who:
(1)
affixes a false trade indication to his products, on or inside his shops or warehouses, on
signboards, packaging, invoices, correspondence, advertisements or any other means used
for offering the products to the public;
(2)
fraudulently places on his marks or commercial documents an indication that leads to believe
that such mark has been registered;