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Legislative Implementation of Flexibilities - Democratic Republic of the Congo

Title:Articles 88, 93 and 94 of the Law No. 82-001 of January 7, 1982 on Industrial Property
Field of IP:Patents
Type of flexibility:Criminal sanctions for patent infringement
Summary table:PDF

Provisions of Law

Art.88.Any deliberate infringement of the patentee's rights, as defined in Articles 4, 48, 56 and 67 of this Law, shall constitute the offense of counterfeiting which shall incur the civil and criminal liability of the author.

Art.93.The offense of counterfeiting shall be punishable by one to six months' imprisonment and a fine, the amount of which shall be fixed by enabling measures, or by only one of these penalties.

Second offenders shall be punishable by twice the maximum penalties provided for in the previous Article.

Within the meaning of this Article, a second offense shall be deemed to have occurred if the accused has already been convicted of counterfeiting in the last six years.

Art.94.The public right of action for the imposition of penalties, provided for in Article 93, may only be initiated by the Public Prosecutor's Office, at the injured party's request.

Civil action based on counterfeiting shall only be admissible if the offense has been criminally established

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