WORLD TRADE
ORGANIZATIONIP/C/W/300/Add.1
9 January 2003
(03-0075)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
Responses by Congo to Questions Posed by the European Communities
and their Member States
Addendum
By means of a communication from the Permanent Mission of Congo, dated
30 October 2002, the Secretariat has received the following responses to questions posed by the
European Communities and their Member States, which were circulated in document IP/C/W/244.
_______________
A. GENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio-
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
N.B.  The reply to this question will be given later.
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement, which requires Members to comply with Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971).
Congo is a signatory of the Berne Convention.  As such, it has always complied with the
provisions of the Convention.  A Congolese law dating from 1982 ensures protection of exclusiverights to literary and artistic works.  This law is  consistent with Article 9 of the TRIPS Agreement in
that all the provisions thereof are in conformity with Articles 1 to 21 of the Berne Convention.
Protection is guaranteed under this law, in Articles 1 to 28, as follows:
Title I sets out the general provisions in Articles 1 to 5.Title II deals with the works, protected more particularly in Articles 6 to 27.Title III deals with economic rights in Articles 31 to 32.  The law stipulates limitations in
Articles 33 and 36 and determines ownership of the rights protected in Articles 37 to 43, transfer ofIP/C/W/300/Add.1
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rights in Articles 44 and 48, and the author's contract in Articles 49 and 60.  Articles 61 to 67 are on
the term of economic rights, while Articles 68 and 69 establish the body responsible for administering
rights.
Procedures and penalties are set out in Articles 70 to 83, which entitle the professional body
or the author or his successors in title to initiate proceedings in the event of failure to comply with the
law.
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The 1982 Congolese Law does not deal explicitly with computer programs.  But they can be
assimilated to literary works, as is clear from Articles 7 and 8.  Article 8, which is very broad, allows
this kind of work to fall under the Law, which refers to "works protected irrespective of their value or
destination, mode and form of expression …".
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
The Congolese Law does not provide for a rental right.
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
The Congolese Law provides for protection of the rights of performers, producers of
phonograms and broadcasting organizations, under Articles 86 to 101.
Articles 86, 93 and 95 enumerate the acts which ma y be carried out with the authorization of
performers (Article 86), producers of phonograms (Article 93), broadcasting organizations
(Article 95) in their capacity as right holders, namely:
(a) Broadcasting of their performance;
communication to the public of their performance;fixation of their performance;reproduction of their performance, except in certain cases.
(b) Direct or indirect reproduction of phonogram copies;
importation of such copies for public distribution;
(c) Rebroadcasting;
fixation of radio broadcasts;reproduction of a fixation of radio broadcasts, where the fixation from which the
reproduction has been made has not been authorized.IP/C/W/300/Add.1
Page 3
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
The Congolese Law provides for limitations or exceptions to chapters 3, 4 and 5, more
particularly in Articles 33 to 36, concerning copyright.  The limitations also extend to related rights,
under Articles 97 to 99.
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
Under Congolese law, copyright is protected throughout the author's life and for 50 years after
his death.
In the case of a collaborative work, rights are protected during the life of the last survivor and
for 50 years after his death.
In the case of a work published anonymously or under a pseudonym, rights are protected for a
period of 50 years from the date on which the work was lawfully published for the first time.
In the case of cinematographic works, rights are protected for a period of 50 years from the
making of the work or communication to the public.
In the case of photographic works or work of applied art, rights are protected for 25 years
from the making of the work.
As for artists' rights:In the case of posthumous works, rights are protected for 25 years from publication.With reference to the rights of performers, producers of phonograms and broadcasting
organizations (neighbouring rights), the term of protection is established as 20 years from the end of
the year in which the performance took place, the phonogram was published for the first time and the
end of the year in which the broadcast took place (Articles 89, 93 and 96).
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Congolese Law No. 24/82 of 1982 does not deal with the retroactive protection provided for
in Article 18 of the Berne Convention.
C. 
TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Under the revised Bangui Agreement, Annex III, Article 2, trademarks or service marks are
considered to be any visible sign used or intended to be used and capable of distinguishing the goods
or services of any enterprise, including in particular surnames by themselves or in a distinctive form,special, arbitrary or fanciful designations, the characteristic form of a product or its packaging, labels,
wrappers, emblems, prints, stamps, seals, vignettes,  orders, combinations or arrangements of colours,
drawings, reliefs, letters, numbers, devices and pseudonyms.IP/C/W/300/Add.1
Page 4
10. Please confirm whether or not services are a protectable subject matter in your
trademark law.  Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
A trademark as defined in the revised Bangui Agreement, Annex III, Article 2, concerns both
products and services (key response to question 9).
Annex V of the Bangui Agreement is concerned entirely with the protection of trade names,
in the same way as trade or service marks.
Sound and olfactory marks, including sounds, perfumes and containers, are not listed as
trademarks under Annex III, Article 2 (see response to question 9).
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
The revised Bangui Agreement does not require the renewal of registration for maintenance
subject to proof of use, as was the case in the old Bangui Agreement.
Maintenance of registration is subject to payment of a registration renewal charge every ten
(10) years, before the date that is the anniversary of the filing of the application.
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
Yes, under Article 19 of Annex III of the revise d Bangui Agreement, the ownership of a mark
may be preserved indefinitely through successive renewals of the registration, which may be effected
every ten years by paying of the renewal charge.
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
The special requirements for use of a trademark are set out in Article 29, on licensing, which
stipulates that "the owner of a trademark may, by contract, license a natural or legal person to use the
trademark".
The licence is issued in writing and signed on pain of invalidity.  The licence is enforceable
against third parties only after it is included in the Special Trademark Register of Marks.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses atrademark application if it contains a geographical indication.
As required in TRIPS Agreement Article 22, the Bangui Agreement, Annex VI, defines in
Articles 15, 16 and 17 the conditions for preventing unlawful use of protected geographical
indications; criminal and civil action to penalize unfair competition;  and unlawful use of protected
geographical indications.
As to the protection requirements, geographical indications are protected as such if they have
been registered by the Organization or are to be treated as having been registered by virtue of anIP/C/W/300/Add.1
Page 5
international convention to which the member States are party (Bangui Agreement, Annex VI,
Title II, Article 4).
Consequently, unlawful use of a protected geographical indication is punishable under
Congolese law.
15. Please give the definition of a geographical indication in your legislation.
Article 1 of Annex VI of the Bangui Agreement, on geographical indications, stipulates that
the meaning of "geographical indication" is an indication that serves to identify a product as
originating from a territory, a region, or locality with in that territory, in those cases where the quality,
reputation or other specific characteristic of the product may be essentially attributed to suchgeographical origin.  The term "product" means any natural, agricultural, craft or industrial product.
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
Annex VI, Article 2, on marks containing a geographical indication, stipulates:
1. Registration of a trademark containing a geographical indication or constituted by
such indication shall be refused or invalidated if the use of such indication in the
trademark for such products is liable to mislead the public as to the true place oforigin.
2. Also, registration of a geographical indication which, although literally exact with
respect to the territory, region or locality from which the products originate, shall also
be refused or invalidated if it suggests to the public that the products originate from adifferent territory.
3. Annex VI, Article 5, stipulates that the following shall not be protected as
geographical indications:
(a) Indications which do not correspond to the definition ( Article 1(a));
(b) indications which are contrary to morality or public policy, or those which, in
particular, are liable to deceive the public as to the nature, the source, the
manufacturing process, the characteristic qualities or the suitability for their
purpose of the goods concerned;
(c) indications which are not protected in their country of origin or have ceased to
be protected or have fallen into disuse in that country.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
As for the protection of wines and spirits, provided for in TRIPS Agreement Article 23.2,
Congolese law sets out two special provisions on wines and spirits, in Articles 15.6 and 17 of
Annex VI.
Article 15.6.  The owner of an earlier mark that is identical or similar to a geographical
indication may continue to use the mark, where such mark concerns wines or spirits.IP/C/W/300/Add.1
Page 6
Article 17.  Anyone person intentionally making unlawful use of a registered geographical
indication shall be liable to a term of imprisonment of not less than three months and not more than
one year and to a fine of 1,000,000 to 6,000,000 CFA francs, or only one of those penalties.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
In our jurisdiction there is no case law on geographical indications concerning wines and
spirits.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designs
are protected.
Annex IV of the Bangui Agreement is concerned with the protection of industrial designs.
Article 8 of the Annex sets out the procedure for filing applications to register industrial designs, as
follows:
Anyone wishing to have an industrial design registered must deposit or send by post to the
Director General of the African Industrial Pr operty Organization (OAPI) through the Ministry
responsible for industrial property or through an agent:
(a) Form DM401 containing the following compulsory particulars:- full address, domicile and nationality of the applicant;- name and address of the agent, where appropriate;- precise designation of the product in which the design is intended to be incorporated;- the class of product;
- the date, number and country of the earlier application when priority is claimed;
- the date on which the application is filed, the signature and seal of the applicant or
agent.  The identity and status of the person signing shall be indicated where the
applicant is a legal entity;
- the method of payment of fees and the amount thereof.(b) evidence of payment of the fees;
(c) an unstamped private power of attorney if the applicant is represented by an agent;
(d) two identical copies of a representation or specimen of the design, in a sealed
envelope;
(e) the priority document, where appropriate.IP/C/W/300/Add.1
Page 7
Textile designs are protected as such under Annex IV.  There are no special provisions on the
protection of textile designs.
20. Please explain how your legislation protec ts right holders of a design against the
importing of articles bearing embodied or copied design.
Article 25 of Annex IV, on penalties for infringement of rights conferred by registering
designs, stipulates that any knowingly committed violation of the rights guaranteed by Annex IV shall
be liable to punishment with a fine of 1,000,000 to 6,000,000 CFA francs and one month to six
months' imprisonment in the event of recidivism.
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Articles 23 and 24 of Annex IV deal with licence contracts for industrial designs, but there are
no special provisions on compulsory licensing.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Under Article 12 of Annex IV of the Bangui Ag reement, the term of protection conferred by
the certificate of registration of an industrial design expires at the end of the fifth year following thefiling date of the application for registration.
The registration of a design may be renewed for a further two consecutive periods of five
years, on payment of a renewal fee the amount of which is fixed by regulation.
F. 
PATENTS
23. Please describe how your legislation defines the notions of:  novelty, inventiveness and
industrial application.
These notions are defined in Articles 3, 4 and 5 of the Bangui Agreement, Annex I, on
patents.
• Novelty:  Under Article 3, an invention is new if it has not been anticipated by prior
art.
• Inventiveness:  In accordance with Article 4, the criterion for an invention is where an
invention would not be obvious, having regard to the prior art, to a person having
ordinary knowledge or skill.
• Industrial application:  Under Article 5, an invention is deemed industrially
applicable if it can be made or used in any industry.
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
The rights conferred by a patent are set out in the revised Bangui Agreement, Annex I,
Article 7, more particularly:IP/C/W/300/Add.1
Page 8
• The exclusive right to work the patented invention;
• the right to prohibit anyone from working the patented invention.
The working of a patented invention is taken to mean manufacturing, importing, offering for
sale, selling and using the product;  in the case of a patent that has been granted for a process, it means
using the process, importing it, offering it for sale or selling it.
The exceptions to patent rights provided for in the revised Bangui Agreement are contained in
the following articles:
• Article 46, on a non-voluntary licence for non-working after four (4) years;
• Article 47, on a non-voluntary licence for a dependent patent, where the owner
refuses to authorize its use on reasonable commercial terms;
• Article 56, on ex officio licences, where a patent is of vital interest to the economy of
the country, public health or national defence.
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of your
legislation and explain its formulation.  Please also explain if it has been applied in practice.   
The Bangui Agreement stipulates of Annex I, Article 6(a), stipulates that inventions the
exploitation of which is contrary to public policy or morality are not patentable.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation .
Article 6 of Annex I of the Bangui Agreement defines non-patentable subject matter
(inventions) and mentions diagnostic, mathematical, therapeutic and surgical methods in
subparagraph (e).
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation.  If so, please explain the relevant section of your
legislation and explain its formulation.
Article 6(c) excludes plants, animals and essentially biological processes from patentability.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are prot ected in your legislation.  Please explain, in
this respect, the relevant sections of your legislation.
Annex X of the revised Bangui Agreem ent is on new plant variety protection.
The Annex provides for the issue of a plant variety certificate instead of a patent.  The Annex
is consistent with the provisions of the UPOV.IP/C/W/300/Add.1
Page 9
29. Please explain how your legislation protections patent right holders against the
importing and against the offering for sale of a patented invention.
Infringements of patent rights are punishable under the Bangui Agreement as offences of
counterfeiting and unfair competition.
The Agreement provides for civil and criminal correctional measures, with imprisonment
from three months to one year and fines of one million to six million CFA Francs.
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
The revised Bangui Agreement provides for patent protection (Annex I) for any product or
any chemical or pharmaceutical compound, provided it meets the patentability criteria (novelty,inventiveness, industrial applicability) and does not present any danger to the public or is contrary to
morality under the terms of Annex I, Article 6.
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Yes, the protection of a patented process also covers the product obtained directly from the
use of the process (See Bangui Agreement, Annex I, Article 7.3(a) and (b)).
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prior informed consent to its use).  If such
additional conditions exist, please point out the relevant legislations and describe the additional
conditions in detail.
Apart from sufficiently clear disclosure of the invention in the official industrial property
bulletins, our legislation stipulates that, where the in vention involves a micro-organism or the use of a
micro-organism, a receipt attesting to the deposit of the micro-organism, issued by a depositary
institution or an international depositary authority specified in the Implementing Regulations, must
also be filed.
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
Under the Bangui Agreement, Annex I, Article 8.1 and 8.2, on patents, the rights conferred by
the patent do not extend:
(a) To acts in relation to subject matter brought onto the market on the territory of a
member State by the owner of the patent or with his consent;
(b) to the use of objects on board foreign aircraft, land vehicles or ships that temporarily
or accidentally enter the airspace, territory or waters of a member State;
(c) to acts in relation to a patented invention that are carried out for experimental
purposes in the course of scientific and technical research;
(d) to acts performed by anyone who in good faith on the filing date, or where priority is
claimed, on the priority date of the application on the basis of which the patent is
granted on the territory of a member State, was using the invention or makingIP/C/W/300/Add.1
Page 10
effective and genuine preparations for such use, in so far as those acts are not
different in nature or purpose from the actual or planned earlier use;
(e) the right of the user referred to in subparagraph (d) may not be transferred or handed
on other than with the business or company or  the part thereof in which the use or the
preparations for use were made.
34. Please explain whether or not your legislation provides for compulsory licensing.  If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
In connection with compulsory licensing, the Bangui Agreement is considered a national law
of the member States and it provides in Articles  46, 47 and 56 of Annex I for a non-voluntary licence
and an ex officio licence.
• A non-voluntary licence for non-working (Article 46) is involved where the patent is
not being worked four years after the filing date.
• A non-voluntary licence for a dependent patent (Article 47) is issued where part of
the protected invention infringes the right involved in an earlier patent whose ownerrefuses to authorize its use on reasonable commercial terms.
• an ex officio licence (Article 56) is issued where the patent is of vital interest to the
economy of the country, public health or national defence or where non-working or
insufficient working seriously compromises the satisfaction of the country's needs.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how yourlegislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
In the case of a compulsory (or "non-voluntary") licence, the term a "reasonable period of
time" means the time defined in the administrative enactment of the competent Minister of the
member State.  The enactment specifies the beneficiary administration or organization, the conditions,term and scope of the non-voluntary licence and the amount of the royalties (see Bangui Agreement,
Annex I, Article 56).
36. Please state if your legislation grants additi onal protection for innovations after the 20
years of patent protection has lapsed.
The Bangui Agreement does not prohibit protection of innovations made on the basis of a
patent that has expired.  It is enough for the application to meet the patentability criteria set out in theBangui Agreement, Annex I, Title I, Articles 2, 3, 4 and 5, on patents.
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
Patent applications pending are examined in accordance with the provisions of the revised
Bangui Agreement, which entered into force on 28 February 2002.IP/C/W/300/Add.1
Page 11
It should be noted that the revised Bangui Agreement made the Agreement consistent with the
provisions of the TRIPS Agreement.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
The Bangui Agreement, Annex I, Article 66, stipulates:
If the subject matter of the patent is a process for making a product, the judicial authority
shall be authorized to order the defendant to prove that the process used to make an identical product
is different from the patented process in one of the following situations:
(a) The product made by the process in new;(b) there is a strong probability of the identical product having been made by means of
the process and of the owner of the patent having been unable, in spite of reasonable
effort, to establish what process was actually used.
G. LAYOUT-DESIGNS (TOPOGRAPHIES) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Annex IX of the revised Bangui Agreement contains 38 articles on the protection of layout-
designs (topographies) of integrated circuits.  The term of protection is ten years from the effectivedate (date of first commercial use of the design), provided the protection application is filed by the
owner of the design.
40. Please explain what protection your national legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies,including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Infringements of intellectual property rights are punishable under the Bangui Agreement as
offences of counterfeiting, unfair competition, and so on.
The Agreement provides for civil and criminal correctional measures, confiscation,
destruction of the infringing or unlawful articles, imprisonment for one month to its two years andfines of one million to six million CFA francs as far as integrated circuits are concerned.
41. Please explain how your legislation provide s for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such anintegrated circuit that it contains an unlawful topography.
In this particular instance, there are no special provisions in Congolese law.
The Bangui Agreement does not provide for any particular derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement concerning the unlawful acquisition of a counterfeitcircuit that was unknown to the person acquiring it.  However, the Bangui Agreement does include a
safeguard clause whereby, the event of a conflict or omission regarding international provisions, it is
the latter that prevail.  In other words, anything provided for in the TRIPS Agreement that does not
appear in the Bangui Agreement is ipso facto  applicable.IP/C/W/300/Add.1
Page 12
42. Please state the term of protection granted by your legislation to topographies.
Annex X of the Bangui Agreement, on layout-designs (topographies) of integrated circuits
sets the term of protection as ten years from the effective date (date of first commercial use of the
design), provided the protection application is filed by the owner of the design.
H. UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information.  If so please give the time span.
The revised Bangui Agreement, Annex VIII, Article 6, provides for general protection of
undisclosed information in the context of unfair competition concerning confidential information,
more particularly against the disclosure, acquisition or commercial use by third parties, without theconsent of the lawful holder.  The Agreement does not establish the term of protection of undisclosed
information.
44. Please explain how your legislation defines "undisclosed information"?
Instead of the expression "undisclosed information", the Bangui Agreement uses, the term
"confidential information", namely professional secrets that are not made available to the public;  nor,
as in the case of patents, are they published.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Our legislation does not contain provisions on communicating confidential or undisclosed
information to the Government.  In principle, the information should be kept in a sealed envelope
registered and kept at the commercial court.
II. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
Congolese law (the revised Bangui Agreement) has incorporated provisions that are
consistent with Articles 41 to 61 of the TRIPS Agreement and are effective against infringements of
intellectual property rights.  They are in particular Articles 57 to 67 of Annex I, on patents:
• Article 58:  The offence of counterfeiting is punishable by a fine of 1 million to 3
million CFA francs and, in the event of recidivism, one month to six months'
imprisonment;
• Articles 61 and 62 set out the conditions for bringing criminal action and the
competence of the criminal court;
• Article 64 defines the infringement procedure pursuant to an order from the civil
court, through bailiffs assisted by customs officials or an expert to make a detailedinventory and description of allegedly infringing objects;
• Article 66 places the burden of proof on the defendant;
• Article 67 sets out other penalties relating to infringements of patent rights, such as:IP/C/W/300/Add.1
Page 13
• Confiscation or destruction of the infringing objects and, where necessary, of
implements or tools intended for their manufacture;
• handing over the confiscated object to the patent owner, without prejudice to
the right to further damages and publication of the judgement, whereappropriate.
The revised Bangui Agreement also establishes other penalties for the following protected
objects:
Utility models (Bangui Agreement, Annex II)
Article 37:  Anyone who assumes the status of owner of a utility model in signs, prospectuses, marks
or stamps is liable to a fine of 1 million to 6 million CFA francs;
Article 41:  The infringement of a utility model is liable to a fine of 1 million to 6 million CFA
francs.
Trademarks and service marks (Annex III)
Article 38:  A fine of 1 million to 6 million CFA fran cs and 15 days to six months' imprisonment.
Industrial designs (Annex IV)
Article 25:  The penalty for infringement of rights is 1 million to 6 million CFA francs.
Trade names (Annex V)
Article 16:  A penalty of 1 million to 6 million CFA francs and three months to one year's
imprisonment.
Geographical indications(Annex VI)
Article 17:  A penalty of 1 million to 6 million CFA francs and three months to one year's
imprisonment.
Layout-designs (topographies) of integrated circuits (Annex IX)
Article 36:  A penalty of 1 million to 6 million CFA francs.
Plant variety protection (Annex X)
Article 51:  A penalty of 1 million to 6 million CFA francs.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies against final administrative decisions.
The Bangui Agreement does not include such a provision, but there is a court of appeal at the
national level.IP/C/W/300/Add.1
Page 14
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
The Bangui Agreement, Annex VIII, Article 6, on unfair competition, provides for protection
of confidential information, particularly against disclosure, acquisition or commercial use without theconsent of the lawful holder.
The measures are the same as those provided for in the case of infringements (see the
responses to question 46).
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement?
• Articles 61 and 62 set out the conditions for bringing criminal action and the
competence of the criminal court;
• Article 64 defines the infringement procedure pursuant to an order from the civil
court, through bailiffs assisted by customs officials or an expert to make a detailedinventory and description of allegedly infringing objects.
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he has suffered?
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Questions 50 and 51, concerning court orders to pay damages to the right holder and payment
of expenses by the infringer, are answered in detail in question 46.
52. Please explain if and how judges have the au thority to order that infringing goods are
placed outside channels of commerce or destroyed.
• Article 67 of Annex I, on patents, establishes, in addition to fines of 1 million to 3
million CFA francs, the other penalties as a deterrent against patent rights
infringements, particularly:
• Confiscation or destruction of infringing objects and, where necessary, of
implements or tools intended for their manufacture;
• handing over confiscated objects to the patent holder, without prejudice to
further damages and publication of the judgement, where appropriate;
• Under Article 64 of Annex VII, on copyright, seizure is ordered by the president of
the civil court in accordance with the Code of Civil Procedure.  Any infringement of
a protected right is liable to imprisonment or a sufficiently dissuasive fine or both.
The court may double the upper limit of the penalty in the event of recidivism;  order
confiscation and destruction of infringing works and of the equipment used to commit the
infringement;  and order publication of the sentence at the expense of the person sentenced.IP/C/W/300/Add.1
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53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
55. Please identify the competent authorities in  your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customsauthorities.
56. Please indicate whether or not procedures  are available to suspend the exporting of
counterfeit goods.
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
N.B.: Questions 53,54,55,56,57,58 and 59 will be answered later.
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