Title: | Articles 82 and 83 of the Law No. 2000-84 of 24/08/2000, on Patents |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
82. Any infringement of the rights of the owner of the patent as specified in Article 46 of this Law shall constitute the offense of infringement..
Infringement shall incur the civil and criminal liability of the infringer.
However, the offering for sale, marketing, use, stocking with a view to use or marketing of an infringing product shall not, where the acts are committed by a person other than the manufacturer of the infringing article, incur the liability of the infringer unless they are performed in full knowledge of the facts.
Acts performed prior to the publication of the patent application shall not constitute the offense of infringement and shall not give rise even to an adverse civil judgment except where they occur subsequently to the serving on the presumed infringer of an official copy of the patent application.
83. Subject to the penalties provided for in special enactments, the offense of infringement shall be punished with a fine of 5,000 to 50,000 dinars.
In the event of a second or subsequent offense, imprisonment for a term of one to six months may be ordered in addition to the fine, which shall be doubled.
The Public Prosecution Service may only initiate prosecution on the basis of a complaint filed by the aggrieved party.