Intellectual Property Laws at Morocco
Morocco has established a comprehensive legal framework for the protection of Intellectual Property (IP) rights, encompassing copyrights, trademarks, patents, industrial designs, and related rights. This framework aligns with international standards and is primarily governed by Law No. 17-97 on the Protection of Industrial Property, as amended by Law No. 31-05.
Key IP Laws and Regulations
1. *Industrial Property Protection (Law No. 17-97)
This law provides protection for:
Patents For inventions that are novel, involve an inventive step, and are industrially applicable.
Trademarks and Service Marks Distinctive signs capable of distinguishing goods or service.
Industrial Designs Aesthetic aspects of product.
Geographical Indications and Appellations of Origin Signs used on goods that have a specific geographical origin and possess qualities or a reputation due to that origin.
Trade Names Names used to identify a business.
Layout Designs of Integrated Circuits The three-dimensional location of electronic components in integrated circuit.
Unfair Competition Acts that are contrary to honest practices in industrial or commercial matter.
2. *Copyright and Related Rights (Law No. 2-00)
This law governs the protection of literary and artistic works, including:
Literary Works Books, articles, and other written work.
Artistic Works Paintings, sculptures, and other visual art.
Musical Works Compositions with or without lyric.
Dramatic Works Plays and other dramatic performance.
Cinematographic Works Films and other audiovisual work.
Software Computer program.
🛡️ IP Registration and Protection
Trademarks
*Registration Authority: Moroccan Office of Industrial and Commercial Property (OMPI).
*Registration Term: 10 years from the filing date, renewable indefinitely for successive 10-year period.
*Opposition Period: 60 days from the publication date in the Official Gazette.
*International Protection: Morocco is a member of the Madrid Protocol, allowing for international trademark registration.
Patents
*Types of Patents: Process patents and product patens.
*Protection Term: 20 years from the filing date.
*Opposition Period: 2 months from the publication date.
*International Protection: Morocco is a member of the Patent Cooperation Treaty (PCT), facilitating international patent applications.
Industrial Designs
*Protection Term: 5 years from the filing date, renewable for two consecutive 5-year periods, totalling 15 years.
*Opposition: Not available in Morocco.
*International Protection: Morocco is a member of the Hague Agreement, allowing for international design registration.
Copyright
*Protection: Automatic upon creation of the work, without the need for registration.
*Protection Term: Lifetime of the author plus 70 yeas.
*International Protection: Morocco is a member of the Berne Convention and the *WIPO Copyright Treaty.
⚖️ *Enforcement and Litigation
IP rights holders in Morocco can enforce their rights through:
*Civil Actions: Seeking injunctions and damages.
*Criminal Actions: For counterfeit goods, penalties include fines and imprisonment.
*Customs Measures: Seizure of counterfeit goods at borders.
*Administrative Actions: Actions before OMPIC for administrative remedies.
🌐 *International Treaties and Memberships
Morocco is a signatory to several international treaties, enhancing its IP protection framework:
*Paris Convention: For the protection of industrial property.
*Berne Convention: For the protection of literary and artistic woks.
**Patent Cooperation Treaty (PCT)*: For international patent applications.
*Madrid Protocol: For international trademark registration.
*Hague Agreement: For international design registration.
*WIPO Copyright Treaty: For the protection of authors' rights in the digital environment.
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