CHECKLIST OF ISSUES ON ENFORCEMENT[1]

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 has 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 production of all documents 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 documents are not produced, the court may be requested informally to order 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."

The judicial authorities thus have the power to issue injunctions.