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Federal Decree-Law No. 42 of 2023 regarding combating commercial fraud.

Type of law
Legislation
Source

Abstract
This Decree-Law consisting of 26 articles aims to (i) combat activities of counterfeiting original goods and commercial fraud of all forms and types; (ii) set mechanisms, controls, and procedures to combat commercial fraud with the aim of preventing trade in counterfeit, fraudulent, and spoilt goods; (iii) creating a legal and encouraging commercial environment for the protection of intellectual property rights. The core article is Article 4 which prohibits the import, export, production, sale, storage, transport, marketing, promotion, or possession of counterfeit goods for commercial purposes. Violations include importing or knowingly dealing with fraudulent goods, misrepresenting product details (such as origin, composition, or expiration), and using deceptive packaging or advertising. Possessing counterfeit goods with intent to alter or sell them, as well as engaging in any related fraudulent activities, is also prohibited. Article 5 mandates the providers to recall fraudulent, spoilt, or counterfeit goods from markets and stores, either voluntarily or by order of authorities, and cover all related costs. Article 8 outlines the provider's obligations, including (i) submitting mandatory commercial records, such as data on owned or possessed goods, their value, and supporting documents or invoices, when requested by authorities; (ii) ensuring that goods are properly labeled or accompanied by information on their components, usage, maintenance, and storage. Under Article 14 is established a Supreme Committee for Anti-commercial Fraud.
Date of text
Entry into force notes
This Decree-Law enters into force two months after the date of its publication in the Official Gazette.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
مرسوم بقانون اتحادي رقم (42) لسنة 2023 في شأن مكافحة الغش التجاري