national register of geographical indications and appellations of origin referred to in Article
182.1 above and shall publish them.”
“Article 182.3 – The agency responsible for industrial property shall publish an official
catalogue of all geographical indications and appellations of origin.”
“Article 227.1 – Any infringement of the rights of an owner of a certificate of registration of a
trademark or service mark as defined, respectively, in Articles 154 and 155 above, may be the
subject of proceedings ordered by the Public Prosecutor’s Office of its own motion, without
any complaint brought by a private party or right holder.
By way of derogation from the provisions of the second paragraph of Article 205 above, the
correctional court shall rule in this case on the public action brought before it.”
Article 3 ‐ Title V of above‐mentioned Law No. 17‐97 on the protection of industrial property is
supplemented by Chapter VII as follows:
Chapter VII: Border measures
“Article 176.1 ‐ The Customs and Excise Authority may, upon application by the owner of a
registered trademark or the beneficiary of an exclusive exploitation right, suspend the release
for free circulation of merchandise suspected of being counterfeit that bears marks identical or
similar to that mark and that are misleading.
The aforementioned application shall be supported by appropriate evidence that there is an
infringement of protected rights and shall provide sufficient information that one could
reasonably expect the owner of the rights to be aware of for the suspected counterfeit
merchandise to be reasonably recognizable by the Customs and Excise Authority.
The applicant and the declarant or the holder of the merchandise shall be informed, without
delay, by the Customs and Excise Authority, of the suspension measure taken.
The suspension application referred to in the first paragraph above shall be valid for a period
of one year or for the remaining period of protection of the trademark if this is less than one
year.”
“Article 176.2 ‐ The suspension measure referred to in Article 176.1 above shall be lifted ipso
jure, subject to the provisions of Article 206 below, where the requestor, within 10 working
days following notification of the suspension measure, fails to prove to the Customs and Excise
Authority that:
‐ provisional measures have been ordered by the President of the competent court;
‐ an action at law has been attempted and that the security set by the court has
been provided, to cover his/her potential liability should the counterfeiting not be
subsequently recognized.”