The request is made using a model specially designed for this purpose (see annex 1)
which contains information on the applicant and elements making it possible to
identify the counterfeit or pirated merchandise.
The applicant must produce the following in support of the request:
• Proof of his status as holder of a right or neighboring right, by means of a
certificate issued by BMDA; certificates issued by foreign copyright
associations or offices must be validated by BMDA;
• Any document making it possible to identify the merchandise which is the
subject of counterfeiting or piracy as well as any useful information enabling
the Department to decide in full knowledge of the facts if the request is
admissible;
• A specific warrant duly drawn up in case the request is deposited by an
authorized representative of the rights holder, it being understood that BMDA,
as it is empowered by the law, does not need to produce such a supporting
document;
• The statutes of the company or the minutes of the general assembly;
• The commitment, drawn up in accordance with the model attached in Annex
2, to:
o provide to the Department of Customs, within 10 working days from the
date of notification of the measure suspending the free circulation of the
merchandise suspected of being counterfeit or pirated;
- a copy of the ordinance handed down by the President of the court
which decides on interim measures concerning the merchandise in
question, or;
- a copy of a document certifying that the matter has been referred to
the competent court, with proof that the security required by the said
court has been provided;
o communicate the decisions of the judicial authority which is ruling on the
counterfeiting or piracy or any other decision relating to the settlement of
the case, in particular the signing of a contract for use, the reaching of an
understanding or an amicable arrangement.
Requests for suspension shall only be valid for one year.
Requests for suspension must be backed by a certificate issued by BMDA certifying
the copyright or neighboring right and the name and status of the holder of such
right.
With regard to copyright held at the international level, the said certificate must
come from a foreign copyright society and shall be submitted to BMDA for
validation.
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