Copyrights Law in Western Sahara
Copyright Law in Western Sahara
Western Sahara presents a unique legal and political situation that affects the implementation and enforcement of copyright and other intellectual property laws.
1. Political and Legal Context
Western Sahara is a disputed territory in North Africa, claimed by both the Kingdom of Morocco and the Sahrawi Arab Democratic Republic (SADR), a partially recognized state.
Morocco controls most of the territory and administers it as part of its southern provinces.
The SADR controls a smaller portion of the area and operates a government-in-exile, primarily from refugee camps in Algeria.
2. **Copyright Law in Practice
If Under Moroccan Administration:
Morocco’s Intellectual Property Law No. 2.00 (amended by Law 34.05 and others) would apply in the areas controlled by Morocco.
This law is aligned with international standards, as Morocco is a member of the:
Berne Convention
WIPO
TRIPS Agreement
The Moroccan law provides protection for:
Literary, artistic, and scientific works
Life of the author + 70 years duration
Economic and moral rights
Enforcement mechanisms including civil and criminal remedies
If Under SADR Control:
The SADR does not have a formally established copyright system or published legislation related to intellectual property.
Due to limited international recognition and institutional capacity, there is no practical enforcement of copyright law in SADR-administered areas.
In practice, IP rights are not systematically protected in these regions.
3. International Recognition and Protection
Creators from Western Sahara may seek protection through international agreements, depending on where the work is used or published.
Works created in areas under Moroccan control would be protected under Moroccan and international law through Morocco’s treaty memberships.
4. Enforcement Challenges
Even where Moroccan law is in force, enforcement may be weak in rural or remote areas.
In SADR-controlled zones, no copyright enforcement infrastructure exists due to lack of governance and international legal support.
Summary
| Area | Copyright Law in Effect | Enforcement |
|---|---|---|
| Moroccan-controlled Western Sahara | Moroccan Copyright Law (Law No. 2.00) | Limited but available |
| SADR-controlled areas | No formal copyright law | Virtually none |
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