page 23 Article 61.6 The measure suspending the release for free circulation implemented pursuant to the provisions of Articles 61.1 to 61.5 above shall not incur the liability of the Customs and Excise Authority. Should the merchandise not be recognized as counterfeit or pirated, the importer may apply to the court for damages for any prejudice suffered, to be paid to him by the applicant. Article 61.7 The scope of the provisions of Articles 61.1 to 61.6 above shall not apply to merchandise of a non-commercial nature contained in the personal luggage of travelers, in small quantities, or sent in small consignments for personal and private use. Civil Penalties Article 62 The owner of any rights protected under this Law whose recognized right has been infringed shall be entitled to payment, by the infringer, of damages for the prejudice suffered as a consequence of the act of infringement. The amount of damages shall be fixed in keeping with the provisions of the Civil Code, taking into account the importance of the material and moral prejudice suffered by the rightsowner, as well as the size of the infringer’s profits attributable to the infringement. The rightsowner shall have the possibility of choosing between damages actually sustained, plus any profit resulting from the prohibited activity that has not been taken into account in the calculation of those damages, or the pre-established damages of between five thousand (5,000) dirhams and twenty-five thousand (25,000) dirhams, as deemed equitable by the court to compensate for the prejudice suffered. At the end of the civil proceedings, the court that tried the case may order the unsuccessful party to reimburse reasonable costs for legal fees incurred by the other party. Where infringing copies exist, the court shall have the authority to order the destruction or, only in exceptional circumstances, other reasonable disposal of those copies and their packaging outside the channels of commerce in such a manner as to avoid harm to the owner of the right, unless the owner of the right requests otherwise. If an implement or device has been used to commit acts of infringement, the court shall, without any compensation or in exceptional circumstances, order their immediate destruction or other reasonable disposition outside the channels of commerce in such a manner as to minimize the risks of further infringements, including surrender to the owner of the right. Where there is a danger that acts of infringement may be continued, the court shall expressly order that such acts no longer be committed. Furthermore, the court shall fix a sum the equivalent of at least 50 per cent of the value of the operation as damages. Violations Committed Against Expressions of Folklore Article 63 Whomsoever uses, without the authorization of the Moroccan Copyright Office, an expression of folklore in a way that is not permitted by Article 7(1) is committing. an offense and shall be liable for damages, injunctions or any other form of reparation that the court may consider appropriate in the case in question. 23