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Laws and Regulations
On national level
Protection of Industrial Property at the national level is governed by the provisions of the law 17-97 as amended and supplemented by Law 17-97 as amended and supplemented by Law 31-05 in 2006 and law 23-13 in 2014.
The entry into force of the law 17-97, in March 18, 2004 has allowed to replace the previous laws in Morocco, namely, the law of June 23, 1916 and the act of October 4, 1938 on the protection of Industrial Property.
This law has brought new provisions including :
- Protecting new areas: pharmaceutical products becoming patentable, inventions of employees, service marks, collective marks.
- Easing the filing procedure. any applicant has the opportunity to benefit from a delay of 3 months to regularize his unfinished file.
- For punishment, prison sentences and dissuasive fines in case of imitation, counterfeiting and unfair competition.
- Decree n° 2-00-368 of June 7, 2004, made for the implementation of Law No.17-97 on the protection of Industrial Property.
- The law No. 31-05 amending and supplementing Law17-97 entered into force on February 20, 2006.
This law contains provisions about:
- extending protection to sound brands and scent brands;
- implementation of the system of opposition as regards brands;
- electronic filing of brand applications;
- the protection of geographical indications and designation of origin, the system of opposition thereto and the national register of geographical indications;
- borders measures in case of import or export of counterfeit products affecting protected brands in Morocco;
- Decree No. 2-05-1485 of February 20, 2006 amending and supplementing the Decree No. 2-00-368 of June 7, 2004 made for the implementation of the law No.17-97 on the protection of Industrial Property (2006).
The new law 23-13 amending and supplementing the law 17-97 entered into force on december the 18th , 2014, It centers around the following axes:
- Organisation of the counseling profession on industrial property.
- Modernization of the filing procedure of applications for industrial property rights.
- Improving the system of patents.
- Reform of the national system of industrial designs and models.
- Consolidating the national system of brands.
- Establishment of a system of datestamp.
- Strengthening the application of industrial property rights.
On international level
Membership to the international treaties on industrial property offers Morocco many advantages including the reinforcement of its legal framework for the protection of industrial property rights to the benefit of domestic and foreign investors and the alignment with the highest international standards in this area.
- Law n° 13-99 establishing the Moroccan Office for Industrial and Commercial property (promulgated by Dahir No. 1-00-71 of 9 kaada 1420 15 (February 2000)).
- Decree n° 2-99-71 of 9 hija 1420 (March 16, 2000) made for the implementation of Law No. 13-99 establishing the Moroccan Office for Industrial and Commercial property.
- Law n° 2-00 on copyright and related rights (promulgated by Dahir N° 1-00-20 of 9 kaada 1420 ( February 15, 2000).
- Decree n° 2-64-406 of 5 kaada 1384 (March 8, 1965) establishing the Moroccan Copyright Office.
- Dahir n° 1-96-255 of 12 ramadan 1417 (january 21,1997) On the enactment of law n° 9-94 on the protection of plant varieties.
- Decree n° 2-01-2324 of 27 Hija 1422 (March 12, 2002) made for the implementation of law n° 9.94 on the protection of plant varieties.