| Morocco
Intellectual property legislation includes Industrial Property Law, Law
No. 17-97 of February 15, 2000 which covers patents, industrial designs,
marks, appellation of origin, geographical indications, Layout designs
( topographies) of integrated circuits, control of anti-competitive practice
in contractual licensing enforcement. Law No. 13-83 relating to Repression
of Merchandise Fraud and in particular articles 1 to 4. Law No. 2-00 on
Copyright and Related Rights of February. The Moroccan Industrial &
Commercial Property Office is established by virtue of Law No. 13-99 of
February15, 2000 under the supervision of the Ministry of Industry, Trade
and Telecommunications. Morocco is a member of WIPO Convention since July
1971, and is a signatory of the Paris Convention as of July 1917, and
the Berne Convention as of June 1917, and the Patent Cooperation Treaty
(PCT ) since June 1999, and the Madrid Agreement (False or Deceptive Indications
of Source on Goods) as of July 1917, and the Madrid Agreement (International
Registration of Marks) since October 1999, and the Hague Agreement (International
Deposit of Industrial Designs ) as of October 1930, and the Nice Agreement
(International Classification of Goods and Services ) as of October 1966,
and Morocco is a member of World Trade Organization ( WTO ) and a signatory
of TRIPS Agreement since January 1995.
By virtue of the Industrial Property Law, and in contrast to past practice,
one application will cover both zones of Casablanca and Tangier. Trademarks
term of validity is reduced to ten years instead of 20 years.
Morocco Patents Registration.
Applications are examined to ensure formal compliance. Once an application
is accepted, it will be published in the Official Gazette. Assignments
should be recorded within a period of six months with the Patent Office
which would ultimately be published in the Official Gazette. A patent
is valid for twenty years counted from the date of filing. Patent annuities
for the second up to the fifth year should be paid at one time. The remaining
patent annuities are payable by three installments, each installment covers
a period of five years. However, a grace period of 6 months is allowed.
Infringements are presided over by the Industrial Property Tribunal. Decisions
can be appealed to the Commercial Court of Appeal whose decisions may
be appealed to the Supreme Court.
Formal filing requirements for a non-PCT application are as follows:
- Power of attorney simply signed.
- A deed of assignment if the applicant is not the inventor.
- Three copies of the specification and claims in French. Required
at the date of filing.
- Formal drawings. Required at the date of filing.
- Three copies of an abstract in French and Arabic. Required at the
date of filing.
- A duly certified priority document, if priority is to be claimed.
May be submitted within a period of three months from the date of filing.
NOTE: As regards countries members of the Paris Convention,
priority could be claimed within 12 months from the earliest corresponding
application. Documents in a foreign language other than in English or
French should be accompanied with their English translation.
Formal filing requirements for a PCT application are as follows:
- Power of attorney simply signed.
- A deed of assignment if the applicant is not the inventor.
- Three copies of the specification and claims in French. Required
at the date of filing.
- Formal drawings. Required at the date of filing.
- Three copies of an abstract in French and Arabic. Required at the
date of filing.
- A duly certified priority document, if priority is to be claimed.
May be submitted within a period of three months from the date of filing.
- Copy of PCT international advertisement. Required at the date of
filing.
- Copy of the International Search Report. May be submitted later.
- Copy of the International Preliminary Examination Report. May be
submitted later.
- Copy of any changes, if any, made during the international phase
process at WIPO. May be submitted later.
NOTE: Applications based on International Search article
22, chapter 1 of the PCT enters into Morocco national phase within twenty
(21) months from the date of the priority claim. However those based on
an international preliminary examination article 39, chapter 11 of PCT
shall enter in Morocco national phase within 30 months from the date of
the priority claim.
Designs.
Designs are examined as to form to ensure conformity with formal filing
requirements. In the event, of acceptance, the notification of approval
will be published in the Official Gazette. If the proprietor elects to
assign his right in the design, a duly executed deed of assignment must
be recorded within a period of six months and hence published in the Official
Gazette. A design is valid for a period of 5 years from the filing date
and it is renewable for two consecutive similar periods. Infringements
are presided over by the Industrial Property Tribunal. Decisions can be
appealed to the Commercial Court of Appeal whose decisions may be appealed
to the Supreme Court.
Formal filing requirements.
- Power of attorney simply signed.
- Full particulars of the applicant
- A copy of the certificate of incorporation or an extract from the
Commercial Register duly certified if the applicant is a legal entity.
May be submitted within three months from the date of filing,
- Three copies of the design representation. Required at the date of
filing.
- Description of the design. Required at the date of filing.
- A duly executed deed of assignment if the applicant is not the proprietor.
Required at the date of filing.
- Priority document, if priority is to be claimed. May be submitted
within three months from the date of filing.
Patent annuities.
- Power of attorney simply signed.
- Particulars of the applicant.
- The number and date of filing of the patent.
Changes.
- Change of the owner's name.
- change of the owner's address
- assignment
- licensing contract
- mergers
Requirements:
- A duly executed Deed of Assignment.
- Power of attorney simply signed.
- A contract of licensing duly executed.
- A duly certified merger instrument.
- A duly certified instrument of change of name and/or address.
- Original letters of patent for endorsement purposes.
Trademarks/service marks.
Morocco Industrial and Commercial Property Office will examine application
to ensure formal compliance. Once formal compliance is secured, the application
will be published in the Official Gazette, and hence the Certificate of
Registration will be issued. The International Classification of Goods
and Services is followed (Nice Classification). The revision of class
42 and the creation of class 43 to 45 have been adopted as of January
1, 2002. The term of validity for a duly registered trademark is 10years,
renewable for similar periods subject to payment of the prescribed fee,
nonetheless a period of 6 months grace is allowed. A trademark may be
assigned with or without goodwill; however an assignment must be recorded
as provided for under the law. A trademark may be cancelled, if an interested
third party established cogent grounds showing non-use for a period of
five years as from the date of filing. Infringements are presided over
by the Industrial Property Tribunal. Decisions can be appealed to the
Commercial Court of Appeal whose decisions may be appealed to the Supreme
Court. In contrast to past practice, one application will cover both zones
of Casablanca and Tangier.
Formal filing requirements are as follows:
- Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
- A power of attorney simply signed.
- A certificate of incorporation or an extract from the Commercial
Register dully certified if the applicant is a legal entity.
- 15prints of the mark for each class and a printing block.
- A complete list of goods and services to be covered by the registration.
- A certified copy of the priority document if priority is to be claimed.
May be submitted within three months from the date of filing.
Changes.
- Alteration of goods and services.
- Alteration of a registered trademark.
- Voluntary cancellation of a registration.
- Change of name and /or address of the owner.
- Assignment of the registration.
- Licensing contract.
Requirements:
- Of attorney duly executed and legalized by a Moroccan Consulate.
- A duly certified power instrument of change of name and/or address.
- Original certificate of registration / renewal as the case may be.
- A deed of assignment duly executed and legalized by a Sudanese Consulate.
- A duly executed licensing contract.
Copyright.
Range and extent of protection.
The copyright law provides protection, among other things, for written
works, phonographs and cinematographic films, theatre and musical pieces,
television and radio works for publication, paintings, sculpture and architecture,
maps and speeches. The Copyright law No. 94-36 of 24/02/ 1994 considers
software as a literary work and as such a fifty years protection is provided.
Protection under the copyright law ends fifty years after the death of
the author. However, if the copyrighted substance is owned by a legal
entity rather than a natural person, the fifty years protection shall
begin on the date the material was first published. The author may assign
the rights granted to him subject to prescribed terms and conditions.
Infringements are presided over by the Copyright Tribunal.
Formal filing requirements are as follows:
- Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
- A power of attorney simply signed.
- A duly executed and legalized deed of assignment, if the author is
not the applicant.
- Six copies of the work for which protection is sought to be lodged
with the Copyright Office and the supervision of the Ministry of Communications.
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