WORLD TRADE
ORGANIZATIONIP/N/6/CIV/1
18 July 2001
(01-3553)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
CHECKLIST OF ISSUES ON ENFORCEMENT1
Replies by Côte d’Ivoire
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have juri sdiction over IPR infringement cases.
Both civil and criminal courts have jurisdic tion over cases relating to the infringement of
intellectual property rights.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements or mandatory personal appearances before the court by the right holder?
The following table sets out the list of persons who have standing in cases relating to
the infringement of intellectual property rights.
Title Persons having standing to a ssert intellectual property rights
Patent Owner or licensee
Utility model certificate Owner or exclusive licensee
Trademark Owner or exclusive licensee
Designs Owner or exclusive licensee
Trade name Owner
Geographical indication Any person or group of persons interested
Copyright and neighbouring
rights- Owner or rights holders
- National collective rights administration body
- Regularly constituted professional associations of rights holders
Layout-designs
(topographies) of  integrated
circuitsOwner or licensee
Plant varieties Owner or exclusive licensee
                                                     
1 Document IP/C/5.IP/N/6/CIV/1
Page 2
The question of whether the parties are required to appear in person or may send representatives
is covered by the following provisions:
Any natural or legal person may defend his interests before any court either in person or through
his legal or statutory representative.
Lawyers may attend and represent parties before the courts, subject to the following
provisions:
- A natural person may always be represented by his or her spouse or by a person
related up to the third degree.
- managers of partnerships may be represented by an associate in actions that pertain to
the partnership.
- private or public legal persons may only appear before the Court of Appeal
represented by a lawyer.  Before a court of the first instance, they may berepresented by an officer who is an authorized representative.
- parties may be represented before the Supreme Court only by lawyers (Articles 19
and 20 of the Code of Civil Procedure).
The court in question may always order the parties to appear in person.
3. What authority do the judicial authorities have to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
An Ivorian judge has the power, at the stage of passing sentence, to compel the party
concerned, under oath, to provide any evidence that may lie within his control, with full guarantees in
regard to the protection of confidential information.  This provision is contained in Articles 54  et seq .
of the Code of Civil Procedure.
This possibility is also provided at the examination stage, pursuant to Article 97 of the Code
of Criminal Procedure.  The examining judge may order the presentation of any evidence that may be
appropriate in order to reveal the truth.
4. What means exist to identify and protect confidential information brought forward as
evidence?
Rather than “confidential information” [“ renseignements confidentiels ”], Ivorian law uses the
term “professional secrecy” [“ secret professionnel ”].
Various measures have been established, which are available to the criminal investigation
service or to the judge, to ensure that professional secrecy is maintained:
- Seizure in the presence of the party concerned or his lawyer;
- placing under seal, and opening in the presence of the party concerned or his lawyer;
- drawing up of minutes;
- penalties, consisting of fines and imprisonment, for any disclosure or communication
of information without the consent of the party concerned.IP/N/6/CIV/1
Page 3
The foregoing measures are established in Articles 56, 57, 97 and 98 of the Code of Criminal
Procedure.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- Injunctions;
- damages, including recovery of profits, and expenses, including attorney’s fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Holders of an intellectual property title may, acting in pursuance of an order from the
president of the civil court within whose jurisdiction the action is to be taken, engage bailiffs or public
or ministerial officials, including customs officials, if necessary with the aid of an expert, to make a
detailed inventory and description, with or without seizure, of allegedly infringing objects.
The order must be made on request and on presentation of the intellectual property title in
question.  The title must be in effect at the time the order is requested.
Where seizure is involved, the said order may require the complainant to furnish security,
which he is required to provide before seizure is effected.  The security must be sufficient but not such
as would discourage recourse to the procedure.
Security is always required of foreigners seeking seizure.  The person in possession of the
objects described or seized is given a copy of the order and, where appropriate, of the documentattesting the deposit of security, on pain of invalidity and damages against the bailiff or the public or
ministerial official or the customs official, as the case may be.
Should the complainant fail to take action under eith er civil or criminal law within a period of
ten working days from the seizure or inventory, the said seizure becomes void as of right, without
prejudice to any damages that may be claimed.
The customs service may, at its own initiative, suspend the clearance of goods suspected to be
counterfeit.  In this case, the customs service is not freed of responsibility unless it acted or intended
to act in good faith.
The draft law on the protection of intellectual property rights at borders provides that the
holder of an intellectual property right may present to the customs service a request asking it to
suspend the clearance through customs of goods suspected to be counterfeit, whether such goods are
being imported or exported.
Under the Bangui Agreement, at the conclusion of proceedings the court may, even in the
case of acquittal, order the confiscation or destruction of infringing objects and, where necessary, thatof implements or tools specially intended for their manufacture, against the infringer, the receiver, the
introducer or the retailer.
The court may also order the infringing objects to be handed over to the holder of the right.  A
similar measure is provided for in Article 24 of the draft law on the protection of intellectual property
rights at borders.IP/N/6/CIV/1
Page 4
In the event of conviction, the infringer of an intellectual property right may be required by
the judge to pay the legal costs incurred by the holder of the right.  Articles 464 to 468 of the Code of
Criminal Procedure and Article 149 of the Code of Civil Procedure deal with the issue of the payment
of legal costs.
The Bangui Agreement recognizes the judge’s power to order the seizure of recognized
infringing goods or objects (infringement seizure), or their confiscation or destruction, together with
any implements or tools specifically intended for their manufacture.
For purposes of illustration, attention is drawn to Articles 64 and 67 of Annex 1 on patents,
and Articles 43 and 48 of Annex 3 on trademarks and service marks.
This measure is supported by the draft laws on the protection of intellectual property rights at
borders and on the protection of intellectual works as provided for in paragraphs 1.2.a and 1.2.b of the
Report.
The Bangui Agreement, in the Articles cited above in regard to infringement seizure, provides
that if the procedure is abused, the respondent may initiate an action seeking damages from thecomplainant.
The defendant is also entitled to take such acti on in the event of failure by the complainant to
take a substantive action within ten days from the seizure or inventory.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the productionand distribution of the goods or services found to be infringing and of their channels ofdistribution?
Under Ivorian law, no provision exists that specifically addresses this situation.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
“remedial measures” are applicable to them?
Ivorian law provides that, in the event of infringement seizure, the order issued by the court to
that end requires the complainant to furnish a secu rity, which he must provide before the seizure is
effected.  The security must be sufficient, but not such as would discourage recourse to the procedure.
- The person in possession of the objects described or seized is given a copy of the
order and, where appropriate, of the document attesting the deposit of security, onpain of invalidity and damages against the bailiff or the public or ministerial official
or the customs official, as the case may be.
- Should the complainant fail, following a cour t-ordered infringement seizure, to take
action under either civil or criminal law within a period of ten working days, the saidinfringement seizure becomes void as of right, without prejudice to any damages that
may be claimed.
Article 18 of the draft law on the protection of intellectual property rights at borders
establishes that the judicial authorities are empowered to require a complainant to provide the holder,importer, exporter or consignee of the goods with appropriate indemnification to compensate for any
harm done by reason of the goods being unjustifiably detained.  If the customs service acts on its ownIP/N/6/CIV/1
Page 5
initiative to suspend the clearance of goods suspected of infringing upon a right, it may only be
exempt from liability where actions are taken or intended in good faith.
8. Describe provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost.
The duration and cost of proceedings are extremely difficult to assess, given the wide range of
variables that may be involved ( flagrante delicto , direct summons, proceedings arising from a judicial
investigation, number of summonses served, location of summons, etc.).
Nevertheless, the following may be mentioned as indicative information:- Flagrante delicto :  the law provides for a proceeding of up to 15 days;
- direct summonses:  the time-frame ranges from three days, if the party to whom the
summon is served lives in another jurisdiction within  Côte d’Ivoire, to two months inall other cases (Articles 545 et seq . of the Code of Criminal Procedure);
- the cost of proceedings is governed by Decree 76-315 of 4 June 1976, concerning the
setting of fees with regard to criminal, correctional and police proceedings.
It should be borne in mind that the State advances the costs entailed by judicial proceedings
and subsequently recovers any costs that are not its responsibility.  The items of which legal costs are
composed are clearly defined in Articles 2, 3 and 5 of the above-mentioned Decree.  The subject of
fees is covered in Chapter 2 of that Decree.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
Infringements of intellectual property rights are prosecuted before judicial authorities, through
either civil or criminal proceedings.
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Through summary proceedings or direct summons, the judge may order that precautionary
measures be taken against any person who infringes someone else’s intellectual property rights.
These measures are established under to Articles 67, 47, 48, 31, 16, 62, 1, 35 and 44
respectively of Annexes 1 to 10 to the Bangui Agreement.
An order is issued at the request of the complainant, who must provide evidence that he has
rightful title to the intellectual property in question, and that such title has not expired or been
cancelled.IP/N/6/CIV/1
Page 6
11. In what circumstances may such measures be ordered  inaudita altera parte ?
The law does not require that the other party be heard in order for these measures to be
implemented.
12. Describe the main procedures for the initiation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect thelegitimate interests of the defendant.
The infringement seizure regime established under the Bangui Agreement allows the judge to
order the seizure of allegedly infringing goods at any location, including the border.
Before seizure is effected, the judge may require the petitioner to furnish a security.
The person in possession of the goods seized is given a copy of the order and the document
attesting the deposit of security, on pain of invalidity and damages against the bailiff, or the public or
ministerial official or the customs official, as the case may be.
The complainant has ten days to take substantive action;  if no such action is taken by the end
of that ten-day period, the seizure becomes void and the defendant may claim damages.
The draft law on the protection of intellectual property rights at borders, as set forth in
paragraph 1.2.a of the Report, not only authorizes the detention in customs of any allegedly infringing
goods (Article 7), but also authorizes the compla inant to examine the goods whose clearance has been
suspended (Article 14), requires the complainant to provide tangible evidence of the rights he is
asserting and the allegations he is making (Article 8), authorizes the customs service to make a seizure
at its own initiative in order to prevent any infringi ng goods that have been detected from reaching the
market (Article 19), provides for the payment of damages to the defendant and the right to be heard at
a review proceeding if a substantive decision is handed down (Article 13.b), and provides for all
provisional measures to be suspended at the request of the defendant if the petitioner fails to take
substantive action within ten days (Article 13.a).
13. Describe provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost.
The duration and cost of proceedings are extremely difficult to assess, given the wide range of
variables that may be involved ( flagrante delicto , direct summons, proceedings arising from a judicial
investigation, number of summons served, location of summons, etc.).
Nevertheless, the following may be mentioned as indicative information:
- Flagrante delicto :  the law provides for a proceeding of up to 15 days;
- direct summonses :  the time-frame ranges from three days, if the party to whom the
summons is served lives in another jurisdiction within  Côte d’Ivoire, to two months
in all other cases (Articles 545 et seq . of the Code of Criminal Procedure);
- the cost of proceedings is governed by Decree 76-315 of 4 June 1976, concerning the
setting of fees with regard to criminal, correctional and police proceedings.
It should be borne in mind that the State advances the costs entailed by judicial proceedings
and subsequently recovers any costs that are not its responsibility.  The items of which legal costs areIP/N/6/CIV/1
Page 7
composed are clearly defined in Articles 2, 3 and 5 of the above-mentioned Decree.  The subject of
fees is covered in Chapter 2 of that Decree.
14. Reply to the above questions in relation to  any administrative provisional measures.
Infringements of intellectual property rights are prosecuted before judicial authorities, through
either civil or criminal proceedings.
Special requirements related to border measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulation,  in particular whether these procedures are
available also in respect of goods which involve infringements of intellectual property rightsother than counterfeit trademark or pirate d copyright goods as defined in the TRIPS
Agreement (footnote to Article 51).  Specify, together with relevant criteria, any imports
excluded from the application of such proce dures (such as goods from another member of a
customs union, goods in transit or de minimis  imports).  Do the procedures apply to imports of
goods put on the market in another country by or with the consent of the right holder and to
goods destined for exportation?
The draft law on the protection of intellectual property rights at borders has been drawn up so
as to respond to the concerns of the Agreement on Trade-Related Aspects of Intellectual Property
Rights and, in particular, to special requirements at borders.  It begins by establishing the principlethat the import and export of counterfeit goods is prohibited.  It makes customs services a key link in
combating counterfeiting and piracy, particularly at the country’s borders, and gives them the
authority to take the following actions:
- Receive and examine requests to suspend import and export clearance of goods that
are allegedly counterfeit or pirated;
- suspend clearance of counterfeit goods;- authorize the holder of a right to examine goods whose release has been suspended
for the purpose of determining whether they are counterfeit;
- prevent identified counterfeit goods from being placed on the market;- the bill also establishes that if counterfeit goods are found to be confiscable, customs
may proceed with their destruction.
Counterfeit goods not intended for commercial use, found in small quantities amongst
travellers' personal effects, will be exempted from the provisions of the draft law.
The draft law on the protection of intellectual property rights at borders does not contain any
provision with regard to goods transported within a customs union.  The provisions set forth aboveapply equally to goods intended for export.  There is no provision in the draft law that covers the
application of these procedures to imports of goods put on the market of another country by, or with
the consent of, the right holder.IP/N/6/CIV/1
Page 8
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authorities, in particular the competent authorities(Article 51), the requirements for an application (Article 52) and various requirements relatedto the duration of suspension (Article 55).  How have Articles 53 (security or equivalentassurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right ofinspection and information) been implemented?
The draft law on the protection of intellectual property rights at borders includes provisions
for the suspension of goods suspected of being counterfeit, whether at the time of import or the timeof export.
Under those provisions, the holder of an intellectual property right may submit to the customs
service an application to suspend import and export clearance of goods suspected of being counterfeit
(Article 7).  The application must be made in acco rdance with the requirements laid down in the draft
law. Article 8 of the draft law establishes the conditions governing the presentation of such an
application, pursuant to Article 52 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights.
The customs service has three working days from  the date it receives the application to advise
the applicant whether his request has been granted or rejected or reserved for further consideration.
If the application is granted, the customs service may require the applicant to provide a
security in an amount at least equal to the value in the domestic market of the goods suspected of
infringing intellectual property rights (Article. 11).
The applicant must undertake to indemnify the customs authorities and to compensate the
importer, consignee, exporter or owner of the goods for loss or damage resulting from the wrongful
suspension of clearance of the goods (Article 9).
Upon granting an application the Customs authorities must suspend clearance of the goods
referred to in the application and immediately so inform the importer and the applicant, stating the
reasons for such suspension.  They must also notify the importer of the name and address of the
applicant.
If, within a period of ten working days after the applicant has been served notice of the
suspension, the Customs authorities have not been informed that judicial proceedings leading to adecision on the merits of the case have been initiated by a party other than the defendant (the
importer, the consignee, the exporter or the owner of  the goods) or that the court has taken provisional
measures prolonging the suspension of the release of the goods, the goods are released provided that
all other conditions and formalities for importation and exportation have been duly complied with.
This time-limit may be extended by another ten working days (Article 13).
If judicial proceedings leading to a decision on the merits of the case have been initiated, a
review, including a right to be heard, takes place upon request of the defendant with a view to
deciding, within a reasonable period, whether these measures are to be modified, revoked or
confirmed.
Where the suspension of the release of goods is carried out or continued in accordance with a
provisional judicial measure, this period will be determined by the judicial authority ordering the
measures or in the absence of such a determination, must not exceed 20 working days.
The customs authorities may allow a right holder, importer or exporter to examine the goods
whose clearance has been suspended.  They may also provide the right holder with any furtherIP/N/6/CIV/1
Page 9
information which they know to infringe an inte llectual property right, without prejudice to the
protection of confidential information in accordance with Article 57 of the Agreement on Trade-
Related Aspects of Intellectual Property Rights.
The judicial authority has the authority to order an applicant to pay the owner, the importer,
the exporter and the consignee of the goods appr opriate compensation for injury caused to them
through the wrongful detention of goods or  through the detention of goods released.
17. Describe provisions governing the length and cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost.  How long is the validity ofdecisions by the competent authorities for the suspension of the release of goods into freecirculation?
The validity period of decisions by the competent authorities for the suspension of the release
of goods into free circulation may not exceed 20 days.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio action?
The customs service may, on its own initiative, suspend the clearance of goods in respect of
which it has acquired prima facie evidence that an intellectual property right has been, or may be,
infringed.
When undertaking an ex officio action, the customs authorities may seek from the right holder
the provision, without payment, whether suspect goods  are counterfeit, pirated or otherwise infringe
an intellectual property right of any information or assistance, including technical expertise and
facilities for the purpose of determining.
Where the customs service acts upon its own initiative to suspend the clearance of goods in
respect of which it has acquired prima facie evidence that an intellectual property right is being
infringed, it may only be exempt from liability where actions are taken or intended in good faith.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The remedies established under Ivorian law in the event of infringement of intellectual
property rights are as follows:
- Infringement seizure;- confiscation;
- revocation;
- suspension of the release of the counterfeit goods into free circulation.These remedies may be applied by the competent authorities for the purpose of keeping
counterfeit goods out of the market-place or halting any activity that might lead to the infringement of
an intellectual property right.
These procedures are implemented through bailiffs, and public or ministerial officers,
including customs officers, with a view to ensuring that measures to enforce rights are carried out
faithfully, fairly, quickly and efficiently.IP/N/6/CIV/1
Page 10
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The justice system of Côte d’Ivoire has four levels of courts:- Lower court [ tribunal de simple ];
- magistrate’s court [ tribunal correctionnel ];
- criminal court [ cour d’assises ];
- supreme Court [ Cour suprême ].
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
The Bangui Agreement of 24 February 1999 lists the following offences:
- Infringement;- unlawful use of a trade name;
- confusion with another's enterprise or activities;- acts damaging to another's image or reputation;
- deceiving the public;- disclosure of confidential information;- usurpation.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
Two categories of public authorities are able to initiate criminal action:
- The judicial police – specifically judicial police officers, certain sworn officials and
customs officers;
- the Office of the General Prosecutor – specifically the General Prosecutor, other
prosecutors and the examining magistrate.
These authorities are able to launch criminal proceedings at their own initiative, apart from
the examining magistrate whose involvement requ ires a direct citation following a complaint.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Any injured party may launch a criminal proceeding (Article 1 of the Code of Penal
Procedure).IP/N/6/CIV/1
Page 11
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;
- monetary fines;
- seizure, forfeiture and destruction of goods and materials and implements for
their production;
- other.
Intellectual property
rightInfringement Penalties
Patent Counterfeiting - Fine of CFAF 1 to 3 million
- One to six months’ imprisonment (in the
event of a second offence, or if the
counterfeiter is an employee of the patent
holder or is an accomplice)
- Confiscation
- Destruction- Posting of the sentence
Utility model Counterfeiting - Fine of CFAF 1 to 6 million
- One to six months’ imprisonment (second
offence)
- Fifteen days’ to three months’
imprisonment (counterfeiting worker oraccomplice)
-  Confiscation
-  Destruction
-  Posting
Trademarks Unlawful exploitation of
a trademark- Fine of CFAF 1 to 6 million CFA francs
and three months’ to two years’imprisonment
- Penalties doubled in the event of a second
offence
- Barred from professional associations’
elections
- Posting of the sentence
-  Confiscation
Designs Any infringement of
rights-   Fine of CFAF 1 to 6 million
- One to six months’ imprisonment (second
offence, or employee of the injured party)
- Barred from professional associations’
elections
-  Posting of the sentence
-  ConfiscationIP/N/6/CIV/1
Page 12
Intellectual property
rightInfringement Penalties
Trade names Any infringement of
rights- Three months’ to one year’s imprisonment
and/or
-   Fine of CFAF 1 to 6 million
Geographical
indicationsUnlawful use of a
geographical indication- Three months’ to one year’s imprisonment
and/or
-   Fine of CFAF 1 to 6 000
Copyright and
neighbouring rightsAny infringement of
rights-   Confiscation of proceeds seized
- Confiscation and destruction of infringing
works
-   Provisional shutdown
-   Publication of the sentence
Layout-designs of
integrated circuitsAny infringement of
rights-   Fine of CFAF 1 to 6 million
-   Up to six months’ imprisonment
-   Confiscation-   Destruction
Plant varieties Counterfeiting -   Fine of CFAF 1 to 3 million
-   One to six months’ imprisonment
-   Confiscation
-   Destruction
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
The duration and cost of proceedings are extremel y difficult to assess, given the wide range of
variables that may be involved ( flagrante delicto , direct summons, proceedings arising from a judicial
investigation, number of summonses served, location of summons, etc.).
Nevertheless, the following may be mentioned as indicative information:- Flagrante delicto :  the law provides for a proceeding of up to 15 days;
- direct summonses:  the time-frame ranges from three days, if the party to whom the
summons is served lives in another jurisdiction within  Côte d’Ivoire, to two months
in all other cases (Articles 545 et seq.  of the Code of Criminal Procedure);
- the cost of proceedings is governed by Decree 76-315 of 4 June 1976, concerning the
setting of fees with regard to criminal, correctional and police proceedings.
It should be borne in mind that the State advances the costs entailed by judicial proceedings
and subsequently recovers any costs that are not its responsibility.  The items of which legal costs are
composed are clearly defined in Articles 2, 3 and 5 of the above-mentioned Decree.  The subject of
fees is covered in Chapter 2 of that Decree.
__________