At the request of the owner of the recorded mark or the beneficiary of an exclusive
exploitation right, the suspension measure shall also be lifted if the latter produces,
within 10 working days of the suspension date, any document likely to call into question
the above-mentioned measure.
Article 3: Where the Customs and Excise Authority, upon application, suspends the
release into free circulation of suspected counterfeit merchandise, it shall communicate
to the interested party, at his/her request, the information referred to in Article 176.3 of
the above-mentioned Law No. 17-97.
Article 4: Where the Customs and Excise Authority suspends the release into free
circulation of suspected counterfeit merchandise as of right, it shall without delay
inform the holder of the rights or his/her representative of the measure taken and shall
invite him/her to file, within 10 working days, proof of the provisional measures or the
legal action brought and the provision of security to the court.
The declarant or the holder of rights shall also be informed without delay of the
suspension measure taken.
In order to bring legal action, the rights holder or his/her representative may, upon
request, obtain from the Customs and Excise Authority the information needed for that
purpose.
If the rights holder or his/her representative fails to submit the documents providing
proof of the measures or actions referred to above within the above-mentioned deadline,
the merchandise shall be released ipso jure.
Article 5: The Authority shall check with the Moroccan Industrial and Commercial
Property Office the registration of the mark, its term of protection and the rights of the
mark owner.
Article 6: The owner of the rights or his/her representative shall communicate to the
Customs and Excise Authority an extract of the court decision that has become final as
soon as notification thereof is received.