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Legislative Implementation of Flexibilities - Djibouti

Title:Articles 200 to 204 of the Law No. 50/AN/09/6th L on the Protection of Industrial Property of 21/06/2009
Field of IP:Patents
Type of flexibility:Criminal sanctions for patent infringement
Summary table:PDF

Provisions of Law

Section II – Criminal proceedings

Article 200

Any deliberate violation of the rights of a patent owner, as defined in Articles 53 and 54 above, shall constitute infringement and shall be punishable by the penalties provided for in Articles 301 to 303 of the Penal Code.

The court may also order additional penalties provided for in Articles 310 to 312 of the Penal Code.

Article 201

Those who have knowingly received, displayed, placed on sale or sold, introduced or exported known infringing goods, shall be liable to the same penalties as the infringers. The same shall apply to any assistance knowingly provided to the author of the offenses referred to above.

Article 202

The penalties provided for under Articles 200 and 201 above shall be increased to five years' imprisonment and a fine of 10,000,000 FD, or to only one of these two penalties, if the infringer is a salaried employee who has worked in the workshops or in the establishment of the patent owner.

Salaried workers who have associated themselves with the infringer after giving him information on the processes described in the patent shall be liable to the same penalties.

Article 203

Without prejudice, where applicable, to the more stringent penalties concerning violations of State security, anyone who knowingly infringes one of the prohibitions laid down in Article 42 above shall be punishable by a fine of 2,000,000 FD.

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