The Department shall not be held responsible if the suspension measure has been
introduced in conformity with legal and regulatory provisions.
For this purpose, the attention of the service is hereby drawn to the importance of
respecting the time limits laid down in view of the issue of the infringement of the
right of the importer or the holder of the copyright or neighboring rights.
Notwithstanding, the applicant may be held responsible for the harm caused to the
owner of the merchandise in the event that such merchandise is not recognized as
counterfeit or pirated. In this case, the court may order compensation for the
damages suffered by the owner of the merchandise.
The suspension measure shall not apply to merchandise which is not of a commercial
nature, contained in travelers’ personal baggage, in small quantities, or sent in small
packages for personal and private use.
Lastly, with regard to judicial action, it is hereby stipulated that, under the Copyright
and Neighboring Rights Law, counterfeiting and piracy are criminal offenses and
that unlike industrial property, litigation involving copyright and neighboring rights is
brought before criminal courts.
Any difficulties in applying these measures shall be reported to the Central
Department, using the seal of this circular.
Print run 1, No. 21
2007
The Director for Prevention and Disputes
Khadija CHAMI
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