SECTION 329 — Industrial Designs

(1) Whoever unduly exploits a registered design shall be punished with a fine of from CFAF 1 000 000 (one million) to CFAF 6 000 000 (six million). (2) In the case of a subsequent offence, or where the offender is or was employed in the establishment where the patent was exploited, further punishment of from 1 (one) to 6 (six) months may be prescribed. 123 (3) In the cases provided for in Subsections (1) and (2) above, the Court shall order the confiscation of the goods from the undue exploitation of the trademarks to be given to the victim (4) The offender shall forfeit his election and eligibility rights and any elective or appointive mandate or to any Consular Chamber of Commerce or Industry for 10 (ten) years. (5) The Court shall rule on the exceptions that may be raised by the offender relating to the nullity or forfeiture of the patent or issues relating to ownership of the said patent. (6) The Court shall order the publication of its decision as provided for in Section 33 of this Code. (7) No prosecution may be commenced except on complaint by the patentee.