Summary
Protection of Copyright and Related Rights is regulated by law No. 34.05 on Copyright and Related Rights Act which amends and complete the Law 02.00".
The said Law entered in force on March 2006.
This new law is in conformity with international conventions ratified by Morocco
The sanctions against piracy of works ranging from two to six months and a fine of 10,000 to 100,000 dirhams.
In case of repetition, it is expected a prison sentence ranging from one to four years and a fine of 60,000 to 600,000 dirhams.
The new law provides for a term of patrimonial rights amounting to 70 years after the death of the author.
In addition, it is provided a possible recourse for an intervention of the Customs in light of the fight against piracy of works protected by this law.
Summary
Designs and industrial models are protected in Morocco through registration with the competent authority. Such a registration is carried out without any novelty examination.
A single application may include up to fifty consecutively numbered designs or models. The law benefits only designs that are registered with the Patent Office. Missing documents must be filed within 3 months as of filing.
Industrial designs and models are protected for 5 years. The term may be extended to two other consecutive terms of 5 years. Renewal of a registration must be effected within the 6- month period preceding the expiry of its term of validity. However, a grace period of 6 months may be granted to effect the renewal.
The renewed model or design will keep the same number of the original model or design preceded by capital letter R for the first renewal and 2R for the second renewal.
An application for a design or industrial model may be refused, if ...
Summary
The Moroccan Government has initiated the registration of domain names since 1999. The registration can be in a Native form or a Virtual form. According to the regulations, a domain name registration should actively rent a space for the website and has IP numbers for a primary and secondary ISP.
The Moroccan ISP has no legal obligation to screen domain name registrations and operates a “1st come-1st register” body. Any legal disputes are forwarded to the courts and are governed by the Common Law. The court may request proof of ownership of the name, by a trademark registration or a company name. Proof that the name has an agent in the country has to be recorded.
Once a court order is issued to cancel the domain name, the ISP will abide by the order to cancel or amend the name. Domain names are non-transferable once registered to an entity, unless such entity is bought out or merged with another entity. If an entity is dissolved, the domain names ...
Summary
A patent application containing the description of the invention must be filed accompanied by a proof of payment of the prescribed fees. A 3-month period is given to the applicant or his representative to file any missing documents. After full payment of the official fees, the application will then enter in the National Patent Register and it will be allotted a filing number and a filing date. A receipt shall be issued to the applicant or his representative after the filing of the application.
Once all filing procedures are completed, the patent application is confidentially consulted by the representatives of the Administration of the National Defense in order to ensure that the publication of the invention does not harm the state security.
The term for the protection of a normal patent right is 20 non-renewable years as of the filing date of the patent application, and is also 20 non-renewable years as of the international filing date for the ...
Summary
Morocco is member of the UPOV Convention and as per the TRIPS Agreement that underlines - under the ADPIC agreement - the obligation of protecting intellectual property rights of inventors including breeders, Morocco has adopted Law 9-94 on the protection of plant varieties which was promulgated by the Royal decree No 1.96.255 issued on January 21st, 1997.
According to the Moroccan national law, the protection concerns varieties belonging to a list of kinds and species determined by the Ministry of Agriculture. This decision determines as well, for every specie, the duration of the protection and the elements concerned by the right of the breeder. Currently, more than 80 species are protectable in Morocco, and are divided in three categories:
Group A : Cereals, vegetables, fodder cultures, industrial cultures, flora and ornamental species, potatoes and strawberry plants.
Group B : Arboricultural and vine species ...
Summary
Morocco is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (9th edition) is followed in Morocco and the revision of class 42 with the creation of classes 43 to 45 has been adopted since January 1, 2002.
The Moroccan Parliament approved on December 14, 2005, a new Industrial Property Law which was published in the Official Gazette No. 5397 on February 20, 2006.
The new Law No. 31-05 amends ...