34
(3)
uses a mark that has not been registered, in the cases provided for in paragraphs 2, 3, 5, 7
and 8 of Article 67;
(4)
mentions medals, diplomas, awards or other honorary distinctions of any kind whatsoever, in
relation to the products in respect of which such distinctions do not apply, or in relation to
the persons or commercial names who did not acquire them;
(5)
participates with others in exhibiting products and uses for his own private products the
distinctions granted to the jointly exhibited products, unless he indicates in a clear manner
the source and nature of such distinctions;
(6)
affixes on the products of his own trade, in a place especially reputed for the production of a
certain product, geographical indications in such a manner as to mislead the public to believe
that those products were produced in that place;
(7)
uses any means for the designation or exhibition of products in a manner that may mislead
the public as to the production of those goods in a geographical place especially reputed
rather than the real place of origin of such products;
(8)
manufactures a product in a place especially reputed for its production and who affixes a
geographical indication on similar products he produces in other places in such a way as to
suggest that such goods were produced in the said place.
In case of repetition, such an offence shall be punishable by imprisonment for a period of not
less than one month and by a fine of not less than 4,000 pounds and not more than 20,000 pounds.
Article 115
The president of the competent court considering the merits of the case may, upon a request
by an interested party, and on 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 all the machines and
implements used or may have been used in the infringement, as well as the products, goods,
signboards of shops, packaging, invoices, correspondence, advertisements or the like, on
which the mark or the geographical indication, subject of the offence, might have been
affixed, as well as the products imported, on their arrival.
(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. He may order the requesting party to provide an
appropriate security.
The requesting 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.