The customs service shall forward to the applicant, on the basis of his written request,
information concerning the names and addresses of the importer, the sender, the
consignee or the owner of the merchandise, as well as the quantity of the said
merchandise, to enable him to institute legal proceedings (interim measures or a
lawsuit).
BMDA shall be informed along with the holder of the mark or his authorized
representative of steps taken and proceedings instituted. It shall also receive the
information provided for in the above-mentioned circular.
For this purpose, in case of suspension, the Department shall contact BMDA directly,
as headquartered in Rabat at 6, rue Mohamed Jazouli, by all available means
(telephone, fax, e-mail, etc.).
5- Follow-up to suspension measures
In accordance with the provisions of Article 61.2 of Law 2.00, the applicant must
justify, to the service that has applied the suspension of the free circulation of the
merchandise suspected of being counterfeit or pirated, within 10 working days from
the date of notification of the measure taken, either the interim measures ordered by
the President of the competent court or the lawsuit brought, and provide proof that
he has provided the securities fixed by the court.
The constitution of such security is designed to cover the possible liability of the
applicant in the event that the counterfeiting or piracy is not subsequently
recognized as such.
Failing the presentation, within the term set, of the said justification, the suspension
measure shall be lifted ipso jure and the Department of Customs shall inform the
applicant and restore the goods in accordance with the regulations.
The suspension measure shall also be lifted at the request of the applicant in the
event that the applicant is able to produce, within 10 days, any elements calling into
question the foregoing measure (signing of a contract for use, reaching of an
understanding or an amicable settlement).
If the merchandise is recognized, by a final judicial decision, as counterfeit or pirated
goods, the court shall order their destruction or, exceptionally, another measure.
In the event that the final judicial decision does not confirm the counterfeiting or
piracy, the suspension measure shall be lifted and the customs service shall restore
the merchandise, in accordance with the regulations.
6- Final provisions
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