Trade Secrets Law in Morocco
In Morocco, trade secrets are primarily protected under Law No. 17-97 on the Protection of Industrial Property, enacted by Dahir No. 1-00-91 on February 15, 2000, and amended by Law No. 23-13 in 2014. This law provides a comprehensive framework for the protection of industrial property, including patents, trademarks, industrial designs, and trade secrets.
Legal Definition and Protection
While Law No. 17-97 does not explicitly define "trade secrets," it encompasses provisions related to the protection of undisclosed information. Specifically, Article 1 outlines that the law covers "the repression of unfair competition," which includes the unauthorized use or disclosure of confidential business information. This provision serves as the legal basis for protecting trade secrets in Morocco.
Additionally, Law No. 104-12 on Free Pricing and Competition, promulgated on June 30, 2014, further strengthens the protection of trade secrets by addressing unfair competition practices, including the misappropriation of confidential information.
Enforcement and Remedies
The enforcement of trade secret protection in Morocco is facilitated through civil and criminal remedies. Affected parties can seek redress through the Moroccan courts, which have the authority to issue injunctions, award damages, and impose penalties for the unlawful use or disclosure of trade secrets
International Obligations
Morocco is a member of the World Trade Organization (WTO) and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets minimum standards for the protection of trade secrets among other intellectual property rights. As a member of the Paris Union under the Paris Convention for the Protection of Industrial Property, Morocco also adheres to international norms regarding the protection of industrial property, including trade secrets.
Practical Considerations
To effectively protect trade secrets in Morocco, businesses should implement robust confidentiality agreements, establish internal policies for handling sensitive information, and take proactive measures to prevent unauthorized access or disclosure. While registration is not required for trade secrets, maintaining secrecy is crucial for their protection under Moroccan law.
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