Industrial Designs Law in Morocco
Here’s an overview of Industrial Designs Law in Morocco:
🔹 Legal Framework
Primary Law:
The protection of industrial designs in Morocco is governed by Law No. 17-97 on Industrial Property, enacted on March 22, 2000.
Administered by the Moroccan Industrial and Commercial Property Office (OMPIC) — Office Marocain de la Propriété Industrielle et Commerciale.
International Agreements:
Morocco is a member of:
Paris Convention for the Protection of Industrial Property
World Intellectual Property Organization (WIPO)
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Hague Agreement Concerning the International Registration of Industrial Designs (joined in 2016)
This enables international design protection via the Hague System.
🔹 What Can Be Protected
An industrial design protects the appearance of a product including lines, contours, colors, shape, texture, or materials.
The design must be new and have an individual character.
Designs dictated solely by technical function are excluded from protection.
🔹 Registration Process
Filing:
Applications are submitted to OMPIC.
Required documents include the application form, clear representations (drawings/photos), and payment of fees.
Examination:
OMPIC conducts a formal examination (completeness, fees).
No substantive examination of novelty or originality is performed.
Publication:
Registered designs are published in the official bulletin.
Duration:
Protection lasts for 5 years from the filing date.
Can be renewed up to 4 times, each for 5 years, for a maximum of 25 years.
🔹 Rights and Enforcement
The owner has the exclusive right to use, manufacture, sell, or license the design.
The law provides civil remedies for infringement, including injunctions and damages.
Customs measures can be taken to prevent import/export of counterfeit goods.
🔹 International Registration via Hague System
Since Morocco joined the Hague Agreement, applicants can file international design applications designating Morocco, streamlining protection in multiple countries.
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