Article 59
The authorities shall detain the goods if it becomes evident after inspection that they are
identical to what is included in the request and, where necessary after interviewing the
requester.
The authorities shall advise the requester and the supplier immediately of the detention and
shall permit them to examine the detained goods and to take samples thereof to a carry out the
needed tests and analysis to establish whether the goods are counterfeit in accordance with the
government regulations and without prejudice to the principle of the secrecy of information.
In order to enable the requester to file a lawsuit, the authorities shall advise him of the names
and addresses of the exporter, the supplier and the recipient if known to them as well as the
quantity of the goods subject of the request. The permission shall be granted as a response to a
memorandum.
Article 60
The detention of the goods shall be lifted, provided that all the government procedures are
completed, if the requester does not submit proof to the authorities within ten days starting
from the notification date of the detention that he has filed a civil or a criminal lawsuit at the
competent court, has requested and obtained permission for effecting the legal precautionary
procedures and has submitted sufficient collateral to cover his responsibilities towards the
concerned persons.
The amount of the collateral shall be determined by the court.
The ten days term stipulated in the first paragraph of this article may be extended for at most
ten other days in the cases which may require much extension.
The owner, the supplier, or the recipient may obtain permission to lift the detention on the
goods subject of the dispute in return for the payment of a financial collateral whose amount
shall be determined by the court and which shall be sufficient to cover the interests of the
requester provided all the governmental procedures are completed.
The authorities shall at once notify the owner, the supplier, the recipient and the requester of
the lift of the detention of the goods.
Article 61
If in virtue of a self-executing judgment the goods are proven to be counterfeit, the judicial
authorities shall decide the fate of the goods by:
- Either destroying them under the supervision of authorities.
- Or by excluding them from the commercial circulation provided that this does not damage
the interests of the owner of the mark.
Article 62
The authorities may under their own initiative suspend the governmental procedures regarding