IP/N/6/GAB/1  
3 October  2017 
(17-5282) Page: 1/4 
Council  for Trade -Related Aspects  
of Intellectual Property Rights  Original:  French  
 
  CHECKLIST OF ISSUES ON ENFORCEMENT1 
RESPONSES FROM GABON  
Civil and Administrative Procedures and Remedies  
(a)  Civil judicial procedures and remedies  
 
1.  Specify the courts which have jurisdiction over IPR infringement cases.  
 
 In Gabon, the court which ha s jurisdiction over IPR infringement cases is the Court of 
First Instance of Libreville, specifically the civil chamber.  
 
2.  Which persons have standing to assert IPRs?  How may they be represented?  Are 
there requirements for mandatory personal appearances  before the court by the right 
holder?  
 
 According to the Gabonese Code of Criminal Procedure, only an injured person may file 
a petition ; hence the maxim, "No interest, no action" . Such injured persons may be 
represented by an attorney.  
 
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?  
 
 The parties are obliged to communicate  evidence to each other.  
 
 See Article 19 of the Gabonese Code  of Civil Procedure ( CPCG ): "If one party possesses 
an item of evidence, the court may, at the request of the other party, require him to 
produce it under penalty of a fine . It may, at the request of one of the parties, demand 
under the same penalty the pr oduction of all docum ents in the possession of 
third parties where there is no lawful impediment, and provided that they have been 
implicated."  
 
 See Article 139 of the CPCG : "If document s are not produced, the court may be 
requested informally to order tha t they be made available . The court shall fix a 
time-limit and the form of the communication , under penalty of a fine where 
necessary."  
 
The judicial authorities th us have the power to issue injunctions.  
 
4.  What means exist to identify and protect confid ential information brought forward 
as evidence?  
 
 
                                                
1 Document IP/C/5 . IP/N/6/GAB/1  
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  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.  
 
 See Article 139 of the CPCG : "If documents are not produ ced, the court may be 
requested informally to o rder that they be made available . The court shall fix a 
time-limit and the form of the communication , under penalty of a fine where 
necessary."  
 
 Damages : See Article 1382 of the French Civil Code, which supplements the provisions 
of the  Gabonese Civil Code . 
 
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 
production and distribution of the goods or services found to be infringing and of their 
channels of distribution?  
 
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?  
 
 See Article 6 of the CPCG  concerning parties : "Any malicious, vexatious or dilatory 
action not based on serious grounds constitutes misconduct giving entitlement to 
compensation . The same applies to unjustified resistance to a well -founded actio n. 
 
8.  Describe provisions governing the length and cost of proceedings.  Provide any 
available data on the actual duration of proceedings and their cost.  
 
(b)  Administrative procedures and remedies  
 
9.  Reply to the above questions in relation to any adm inistrative procedures on the 
merits and remedies that may result from these procedures.  
 
Provisional measures  
(a)  Judicial measures  
 
10.  Describe the types of provisional measures that judicial authorities may order, and 
the legal basis for such authori ty. 
 
  Provisional measures are provided for  in Article 438 of the CPCG : "The ordonnance de 
référé  (interim order ) is a provisional order given at the request of one party, the other 
party being present or having been summoned, in cases where the law confer s upon a 
judge who has not been empowered to hear the main issue, the power to order the 
necessary measures immediately."  
 
11.  In what circumstances may such measures be ordered inaudita altera parte ? 
 
 See Article 22 of the CPCG  concerning provisional mea sures : "No party may be judged 
without being heard or summoned."  
 
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  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 the 
legitimate interests of the defendant.  
 
 See Article 438 of the CPCG : "The ordonnance de référé  (interim order)  is a provisional  
order given at the request of one party, the other party being present or having been 
summoned, in cases where the law confers upon a judge  who has not been empowered 
to hear the main issue, the power to order the necessary measures immediately."  
 
The presiding judge may:  
 
1 in cases of urgency, order any measures to which there is no serious objection or 
which justify the existence of a disp ute; 
 
2 order any preventi ve or restitution measures needed either to prevent imminent 
injury or to stop a manifestly unlawful action;  
 
3 grant the creditor an advance if the existence of the obligation cannot be seriously 
contested;  
 
4 in cases of urgency , rule on problems related to the enforcement of a ruling or any 
other enforceable title if the enforcement judge is not hearing the case.  
 
13.  Describe provisions governing the length and cost of proceedings.  Provide any 
available data on the actual dura tion of proceedings and their cost.  
 
 It is difficult to estimate the length of the proceedings ; in other words, the length has 
no limit.  
 
Cost: An application costs CFAF  20,000 . 
 
(b)  Administrative measures  
 
14.  Reply to the above questions in relation t o any administrative provisional 
measures.  
 
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 thes e procedures 
are available also in respect of goods which involve infringements of intellectual 
property rights other than counterfeit trademark or pirated copyright goods as defined 
in the TRIPS Agreement (footnote to Article 51).  Specify, together with r elevant criteria, 
any imports excluded from the application of such procedures (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?  
 
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 related to the duration of suspension (Article 55).  How have Articles 53 
(security or equivalent assurance), 56 (indemnification of the importer and of the owne r 
of the goods) and 57 (right of inspection and information) been implemented?  
 
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  of decisions by the competent authorities for the suspension of the release of 
goods into free circulation?  
 
18.  Are competent authorities required to act upon their own initiative and, if so, in 
what circumstances?  Are there any special provisions appli cable to ex officio  action?  IP/N/6/GAB/1  
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19.  Describe the remedies that the competent authorities have the authority to order 
and any criteria regulating their use.  
 
Criminal p rocedures  
20.  Specify the courts which have jurisdiction over criminal acts of infringemen t of 
IPRs.  
 
  In Gabon, all criminal law matters fall within the purview of the criminal courts.  
21.  In respect of which infringements of which intellectual property rights are criminal 
procedures and penalties available?  
 
  See Articles 325 and 326 of the Gabonese Criminal Code.  
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?  
 
 The public authority responsible for the initiation of crimin al proceedings is the Public 
Prosecutor.  
Criminal proceedings require the existence of a complaint by the injured party . 
 
23.  Do private persons have standing to initiate criminal proceedings and, if so, who?  
 
 Only the injured party has the right to initi ate criminal proceedings . However, a 
consumer may also file a complaint in cases of fraudulent use of a trademark.  
 
24.  Specify, by category of IPR and type of infringement where necessary, the 
penalties and other remedies that may be imposed:  
 
- imprison ment;  
 
- monetary fines;  
 
- seizure, forfeiture and destruction of infringing goods and materials and 
implements for their production;  
 
- other.  
 
 See Articles 325 and 326 of the Gabonese Criminal Code.  
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.  
 
 Proceedings are free of charge and of indefinite duration . 
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