Professional Documents
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Morocco Contrubuting Firm
Morocco Contrubuting Firm
Contributing firm
Cabinet Aksiman
that are imported or in transit are decision, as counterfeit shall be destroyed, prejudice for possible damages.
counterfeit, it automatically suspends them barring exceptional circumstances. When an infringement action is brought
from circulation. Customs then advises the If the goods prove to be genuine, the to court, the court president may issue an
rights holder without delay about the importer may apply to the court for an order interim measure:
measures taken and provides, upon request, requiring the plaintiff to pay damages to provisionally prohibiting the alleged
the name and address of: compensate for any harm caused. infringing activity; or
the sender; allowing the defendant to continue the
the importer; and Criminal prosecution activity on condition that it undertakes
the owner of the goods or their Counterfeiting is a criminal offence and is to compensate the rights holder or its
addressee. subject to penalties, including fines and licensee for any damage caused during
imprisonment. that time should the claim prove
Customs also informs the rights holder Penalties may range from one to six successful.
of the quantity of goods at issue. months imprisonment and between 5,000
The declarant or holder of the goods is and 50,000 in fines, depending on the The prohibition or the guarantee
also informed of this measure without delay. nature of the infringement. The court may constitution will not be admissible unless:
The suspension procedure will be lifted also order the destruction of counterfeit the civil action seems serious; and
10 working days after the rights holder has goods that are the property of the the civil action is filed within 30 days of
been notified of the measure unless, within counterfeiter and all equipment used to the rights holder being notified of the
that period, it has: manufacture the counterfeit products. facts on which the action is based.
provided evidence to Customs of
measures taken or actions initiated Civil enforcement Should the infringement action prove
according to the law; and Any party that infringes a manufacturers groundless, the court will order the plaintiff
filed a suit as prescribed by law. mark, trademark or service mark may be to compensate the defendant for any
prosecuted ex officio by the public possible damages and prejudice it has
Legal actions prosecutor, without the need for the rights suffered as a result of the action.
The rights holder may choose between two holder or a third party to file a complaint.
types of suit: Remedies
an application for preliminary measures, Preliminary measures Following a successful civil action against a
which should be filed with the court that In case of infringement, the holder of an counterfeiter, the infringing goods and any
has jurisdiction over the location where exclusive right may ask the court to issue a equipment used in their manufacture will be
the goods were imported. The president descriptive seizure order. Such orders are destroyed, barring exceptional circumstances.
of the relevant court will then issue a enforced by bailiffs, who will be authorised The rights holder can also apply for:
decision; or to search for and detail any evidence of damages covering the actual damage
a full lawsuit, which requires the counterfeiting. caused by the infringement; or
payment of a bond in case the suspected The enforcement of such an order a discretionary award of between 500
goods turn out to be genuine. depends on the payment into court by the and 2,500, depending on what the
applicant of a bond that will cover any court feels is appropriate.
To bring these proceedings, the damage suffered by the defendant should
applicant must obtain from Customs the the action prove groundless. Anti-counterfeiting online
names and addresses of the sender, importer The rights holder must file an No specific regulations apply to online trade
and consignee or holder of the products, as infringement action with the court within in Morocco at present. Rights holders must
well as the quantity of goods at issue. 30 days of execution of the seizure order. use the standard measures provided under
Goods suspended from free circulation Failing to file an infringement action will the current legislation to deal with online
and identified, according to a final court result in the seizure becoming void, without infringements.
El Mostafa Aksiman became active in the Mohamed Amine Aksiman joined the
field of intellectual property after he office in 2008 after completing several
discovered a passion for innovation and training courses. Previously, Mr Aksiman
creativity when he filed his first patent undertook training in industrial property
application in the 1970s. In 1981 Mr Aksiman matters in France. He is currently industrial
created the Association of Inventors and property counsel in charge of oppositions
Innovators of Morocco and the Arabic and relations with the patent
World, of which he became president. He administration office.
founded Cabinet Aksiman in 1982.
Mr Aksiman has played an important
role in the development of the profession
of IP counsel in Morocco. He is recognised
for his expertise and was accordingly
awarded the Belgian medal of Chevalier de
lOrdre du Mrite de lInvention.
Mr Aksiman has conducted a number of
studies on the role of industrial property in
the resolution of problems such as
unemployment, business creation and
technology transfer. He was designated by
the Counterfeiting Intelligence Bureau as
the exclusive representative in Morocco of
the Counterforce Network.