In the same writ, the President of the court may authorize any declaratory proceedings
necessary to establish the origin, nature and scope of the infringement.
The implementation of said writ may be subject to the provision by the plaintiff of
guarantees to indemnify the defendant for any prejudice suffered where the infringement
action is subsequently judged to be unfounded.
Where the applicant fails to bring legal proceedings before the court within a maximum
of 30 days as from the date of implementation of the above writ, the detailed description, or
seizure, shall become invalid as of right, without prejudice to the award of any damages.
223. Where it is necessary to establish that a good or service has been substituted for
the one requested under a registered mark, the notarial officer shall only be obliged to produce
the writ provided for in Article 222 above after delivery of the good or service other than the
one requested, and where the writ authorizes several establishments of substitution, only after
the last delivery or last service.
224. At the request of the aggrieved party, and provided that the measure is necessary
to ensure the prohibition on continuing the infringement, the court may order the seizure, for
the applicant’s benefit, of known infringing goods which are the property of the infringer on
the date of the prohibition’s entry 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 goods seized when calculating the
compensation to be allocated to the beneficiary of the sentence imposed.
SECTION II
CRIMINAL PROCEEDINGS
225. The following shall be considered infringers and punishable by two to six months’
imprisonment and a fine of 50,000 to 500,000 dirhams or by only one of these two penalties:
(1) those who have infringed a registered mark or have fraudulently affixed a mark
belonging to another;
(2) those who have used a mark without the authorization of the interested party, even
with the addition of words such as “formula”, “type”, “system”, “recipe”, “imitation” or
“kind”, or any other similar indication likely to mislead the buyer;
(3) those who have held without legitimate grounds goods which they knew bore an
infringing or fraudulently affixed mark and who knowingly sold, placed on sale, supplied or
offered to supply goods or services under such a mark;
(4) those who have knowingly delivered a good or supplied a service other than the one
requested of them under a registered mark.
226. The following shall be punishable by one to six months’ imprisonment and a fine
of 25,000 to 250,000 dirhams or by only one of these two penalties:
(1) those who, without infringing a registered mark, have made a fraudulent imitation
thereof which is liable to deceive the buyer or who have used a fraudulently imitated mark;
(2) those who have used a registered mark bearing indications liable to deceive the
buyer as to the nature, substantive qualities, composition or content in terms of useful
components, the kind or origin of the article or good designated;