The implementation of said writ may be subject to the provision of a deposit by the
applicant.
In the same writ, the President of the court may authorize a registrar, assisted by a
qualified expert, who shall be responsible for any declaratory examination needed to establish
the origin, nature and scope of the infringement.
The same right shall be available to the owner of an exclusive right to work on the
condition laid down in the second paragraph of Article 202 of this Law.
Where the applicant fails to bring proceedings before the court within a maximum of 30
days as from the day of implementation of the above writ, the detailed description, with or
without seizure, shall become invalid as of right, without prejudice to the award of any
damages.
220. At the request of the aggrieved party, provided that the measure proves necessary
to ensure the prohibition on continuing the infringement, the court may order the seizure, for
the applicant’s benefit, of known infringing articles, which are the property of the infringer on
the date the prohibition entered into force and, where applicable, that of the devices or means
specifically intended for carrying out the infringement.
Due consideration shall be given to the value of the articles seized when calculating the
compensation to be paid to the beneficiary of the sentencing.
SECTION II
CRIMINAL PROCEEDINGS
221. Any deliberate violation of the rights of the owner of an industrial design shall be
punishable by a fine of 25,000 to 250,000 dirhams.
The penalty provided for in the first paragraph above shall be increased to a fine of
50,000 to 250,000 dirhams and to one month to six months’ imprisonment if the offender is a
person who has worked for the aggrieved party.
The penalties provided for in the previous paragraph shall also apply if the accused has
committed a second or subsequent offence, such as having been convicted within the previous
five years by an irrevocable decision handed down for identical acts.
The court may also order the destruction of known infringing articles which are the
property of the infringer, as well as that of the devices or means specifically intended for
carrying out the infringement.
Chapter V
Factory marks, trademarks and service marks
SECTION I
CIVIL PROCEEDINGS
222. The owner of a registered mark or the beneficiary of an exclusive right to work
shall be entitled, pursuant to a writ by the President of the tribunal authorizing the
intervention of a notarial officer, to either a detailed description with or without the taking of
samples or to the seizure of the goods or services he claims have been marked, offered for
sale, delivered or supplied to his detriment, in violation of his rights.
This description may be drawn up with the help of a qualified expert.