Title: | Article 33 A and B of the Patents Law No. 32 of 1999 as last amended in 2006 |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
Article 33
A-The Patentee of a registered patent in the Kingdom, when filing a civil or criminal lawsuit or during the course of the hearings, may petition the court to take any of the following measures, provided the petition is attached with a bank guaranty or a cash deposit accepted by the court
1 Cease the infringement
2 Place a provisional seizure on the product, the subject matter of infringement, wherever found
3 Preserve relevant evidence to the infringement.
B-The Patentee alleging infringement upon his patent may, prior to filing a civil or criminal lawsuit, petition the court to take any of the measures provided for in Paragraph (A) of this Article, without notifying the counter-party, if he proves that he is the patentee and that his rights had been infringed upon, or that such infringement is imminent and is likely to cause damages of irreparable harm, or where there is a demonstrable risk of evidence being destroyed or disappeared, provided that such petition is attached with a bank guaranty or a cash deposit accepted by the court The counter-party may appeal this decision within eight days of notification The decision of the Court of Appeal in this regard shall be final