Article 61.4 – If the Customs and Excise Authority establishes or suspects that imported,
exported or transit merchandise are counterfeit or pirated, the Authority shall, of its own
motion, suspend the release for free circulation of such merchandise. In this case, the
Authority shall without delay inform the owner of the right of the measure taken and shall
communicate to him/her, upon written request, the information referred to in Article 61.3
above.
The declarant or holder of the merchandise shall also be informed of this measure without
delay.
The above suspension measure shall be lifted as of right where the owner of the right, within
ten working days following the date when the Authority communicated the information to
him/her, fails to prove to the Customs and Excise Authority that the measures or actions have
been undertaken in the conditions referred to in Article 61.2 above.
Article 61.5 – The merchandise for which the release for free circulation has been suspended
in application of the provisions of Articles 61.1 to 61.4 above and that has been recognized, by
a judgment that has become final, as being counterfeit or pirated merchandise shall be
destroyed, except in exceptional circumstances. It may in no way be authorized for export or
be the subject of other customs procedures or systems, except in exceptional circumstances.
Article 61.6 – The measure suspending the release for free circulation implemented in
application of the provisions of Articles 61.1 to 61.5 above does 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 by the applicant.
Article 61.7 – The scope of application 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
travellers, in small quantities or sent in small consignments for personal and private use.
Article 64.1 – In the case of persistent infringement, the penalties provided for in Article 64
above shall be doubled.
Article 64.2 – If the perpetrator of one of the acts mentioned in Article 64 commits a new act
that constitutes an infringement of copyright or related rights less than five years after a first
judgment that has become final, he/she shall be punished by a term of imprisonment of
between one and four years and a fine of between sixty thousand (60,000) dirhams and six
hundred thousand (600,000) dirhams, or just one of these penalties.
Article 64.3 – In cases of infringement of the provisions of this Law, the competent court may
order the following preventive measures and subsidiary penalties, provided that a prior order
or judgment on the same subject has not already been issued against the same parties: