submitting the application. The decision, to stop custom clearance, applies for a period of one year
from the date of submission or for the remainder of the term of protection for the goods for which an
action shall be taken, whichever is shorter, unless the applicant requests a shorter period.
The concerned customs authorities shall ask the applicant to provide an appropriate bond or
equivalent guarantee enough to protect the defendant and the competent authorities, and to prevent
abuse of the right to request the suspension of customs clearance. The bond shall be set at a level that
does not unreasonably deter recourse to these procedures.
The concerned customs authorities shall, automatically and with no need to file a complaint or request
by the right owner or by others, issue a decision to stop customs clearance on goods that are imported,
in transit or prepared for export upon receipt to the customs area under its jurisdiction, where the
authority concludes that the evidence is apparently sufficient to prove violation of any of the rights set
forth in this law.
2.
If the concerned customs authorities decide, in application of the provisions of this article, to
stop customs clearance procedures, it shall:
a.
Notify the importer of goods and the right owner of the decision issued to stop
customs clearance as soon as issued.
b.
Notify the right owner, upon his written request, of the names and addresses of the
sender, consignor, and importer of goods, the recipient, and quantities.
c.
Allow the concerned persons to inspect the goods according to the customs
procedures conducted in this respect.
In this case the right owner shall file a lawsuit about the cause of dispute before the competent
court and report it to the concerned customs authority within a period not exceeding ten working days
from the date of notification of the decision to stop customs clearance of such goods, otherwise the
decision is considered void unless this authority or competent court decides to extend the deadline for
a term not exceeding ten more days in other estimated cases.
3.
The application to stop customs clearance, and assessing the bond value or the equivalent
guarantee to be deposited by the applicant on the basis of the provisions of this article, and defining
the storage sites and fees shall be in accordance with the rules and regulations stipulated by the
bylaws and matching with the provisions of prevailing financial rules.
4.
The provisions of this article do not apply to small quantities, with non-commercial nature, of
works and sound recordings which are available among the personal belongings of passengers or sent
in small parcels.
Chapter XII
Preventive Measures
Article (42):
The competent court shall, upon the request of the holder of a protected right, under an order issued
for a petition, order to take one, or more, of the following preventive measures:
a.
Prevent the violation of, or the prohibited action against, any right protected under
this law.
b.
Stop violation of any right protected under this law.