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Customs recordal is one of the legal measures that IP owners can employ for enforcement at the borders. The Customs Law provides that IP can be recorded with local Customs offices or the General Customs Department.
Recordal is not compulsory, but is highly recommended for rights holders facing IP infringement in all MENA region .
An application must be filed with customs authorities to request the monitoring and detection of goods that infringe IP, accompanied by a detailed description of infringing goods and of features distinguishing genuine and infringing goods, certified copies of IP registration certificates, and other information, such as suspected sources of infringing goods, modes of export and import, packing methods, prices, as well as suspected exporters/importers or distributors of infringing goods.
if the Customs authorities suspect that imported or exported goods infringe IP, they will temporarily suspend Customs procedures and immediately notify the IP owner.
The IP owner must then, within specific working days of receiving the notice from Customs authorities, confirm the goods in question are infringing and file a request to detain the goods.
Within ten working days after temporarily suspending Customs procedures, the Customs authorities will decide: whether or not the goods infringe IP; whether to detain or destroy the goods; and whether or not to fine the infringer. The applicant can also file a law suit to seek damages from the infringer.
The custom recordal certificate will be valid for one year.