The presiding judge of the court hearing the case may, if so requested by the entitled
person, order an expert opinion which may be carried out only by persons approved by the
governmental authority responsible for defense and in the presence of its representatives.
Such exploitation shall automatically incur the liability under this Article for the
persons concerned.
Article 70
The presiding judge of a court hearing infringement proceedings, acting in summary
jurisdiction, may provisionally prohibit, subject to a daily fine, the continued performance of
the acts alleged to be infringing or may subject continuation of the acts to the provision of
guarantees intended to cover the indemnification of the holder of the plant variety certificate
or the holder of an exclusive right of exploitation.
A request for prohibition or constitution of guarantees shall be admitted only if the
substantive proceedings appear warranted and are instituted within a short period calculated
as of the day on which the holder of the certificate or the holder of an exclusive right of
exploitation obtained knowledge of the facts on which the proceedings are based. The court
may subject prohibition to the provision by the plaintiff of guarantees intended to cover
possible indemnity for the prejudice suffered by the defendant if the infringement proceedings
subsequently prove unwarranted.
Article 71
The production and business secrets of the parties concerned shall be safeguarded.
The other party shall not be given knowledge of any evidence liable to disclose such
secrets except where compatible with their safeguard.
Article 72
Civil disputes arising between the parties from the application of this Law shall be
heard by the first instance courts located at the seat of the appeal court district.
The competent first instance courts and the districts in which such jurisdictions exercise
the tasks allocated to them shall be laid down by regulation.
Article 73
Notwithstanding, where appropriate, the penalties laid down by special laws,
particularly that concerning the repression of fraud, any person who knowingly violates the
rights of the holder of a plant variety certificate, as defined in Article 16 of this Law, shall be
liable to a fine of between 3,000 and 30,000 Moroccan dirhams.
The court may also order destruction of the product and/or propagating material in
dispute.