The court may also authorize the destruction of these products.
Chapter Seven
Border Arrangements
Article 56
The owner of a protected mark or any holder of a right thereof once in a possession of serious
proofs of an activity of supplying products bearing a counterfeit mark, may submit a written
request to the government authorities requesting the halting of the government procedures
related to the supply of the said goods.
The requester shall inform the government authorities if his rights are not legally registered or
if they have lapsed.
Article 57
The written request stipulated article 56 of this law shall include:
- The name, surname or known name of the requester and his place of business.
- Proof that the requester has a right with respect to the goods subject of the dispute.
- An accurate description of the goods to enable the authorities to identify them.
The requester should provide all relevant advice to enable the authorities to make an
enlightened decision, without the provision of this advice being a condition of accepting the
request.
This advice shall specially include:
- The location where the goods are present or to which it will be sent.
- Particulars which make it possible to identify the shipped goods or packages.
- The specified date for arrival of the goods or the shipping date.
- The means of transportation.
- The particulars which make it possible to identify the supplier, source, or holder of the
goods.
The requester must also enclose with the request a pledge regarding fulfuling his possible
responsibility towards the supplier if it is proven without a doubt that the goods subject to
detention by the authorities do not represent an infringement of the protected mark.
Article 58
The authorities shall examine the request submitted according to the provisions of article 56
of this law and shall notify the requester immediately and in writing of its decision. This
decision must be justified.
If the authorities accept the request or take action to intervene according to the provisions of
article 65 of law, the authorities may obligate the requester to submit a financial collateral to
be assigned to cover the expenses which may be incurred due to keeping the goods under the
supervision of the authorities.