73. Without prejudice, where applicable, to the application of the penalties provided for by special legislation, in particular legislation relating to the punishment of fraud, any deliberate infringement of the rights of the owner of a plant breed certificate, as defined in Article 16 of this Law, shall be punishable by a fine of 3,000 to 30,000 dirhams. The court may further order the destruction of the infringing product and/or propagating material. In case of recidivism, a prison sentence of two months to one year may further be handed down. For the purposes of this Article, recidivism shall be deemed to occur where, during the past five years, a sentence handed down against the accused for an identical infringement has become irrevocable. 74. Public action for the application of the penalties provided for in Article 73 above may only be brought by the Public Prosecutor’s Office, further to a complaint by the aggrieved party. The court hearing the proceedings may only rule once the civil court has ascertained the extent of the damage by means of a decision which has become final. Any exceptions pointed out by the defendant for the invalidation of the plant breed certificate or questions relating to the ownership of the said certificate may only be raised before the civil court. 75. Anyone who unlawfully claims to be the owner of a plant breed certificate or an application for a plant breed certificate shall be punished by a fine of 3,000 to 30,000 dirhams. In case of recidivism, the fine may be doubled. For the purposes of this Article, recidivism shall be deemed to occur where, during the past five years, a sentence handed down against the accused for an identical infringement has become irrevocable. Chapter XI Transitional provisions 76. By way of derogation to the provisions of Article 6 above, varieties which have been offered for sale, marketed or circulated in Morocco or abroad prior to the entry into force of this Law may also give rise to a request for protection, during a transitional period of one year starting with the entry into force of this Law. Where protection is granted, its terms shall be reduced by the number of full years which have elapsed between the time when the variety was placed on sale, marketed or circulated for the first time and the time when the request was made. The same rule shall apply by analogy to varieties and species recently entered on the list of species to be protected following the entry into force of this Law.