SECTION 328 — Infringements of Patents

(1) Whoever unknowingly uses a patent or conceals, sells, exports, imports or uses any object constituting an infringement of patent shall be punished with fine of from CFAF 1 000 000 (one million) to CFAF 3 000 000 (three 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. (3) The Court shall order confiscation and delivery to the patentee of any object constituting an infringement of patent and may order publication of its judgment as provided by Section 33 of this Code. (4) 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. (5) No prosecution may be commenced except on complaint by the patentee.