Morocco has recently issued Law No. 17.97 on the Protection of Industrial Property to be effective as of December 18, 2004.
Protection of industrial property, as per the new Law, shall concern patents for invention, layout-designs (topographies) of integrated circuits, industrial designs and models, trademarks and service marks, trade names, indications of source and appellations of origin and the repression of unfair competition.
According to the new Law, protection terms have been amended as follows: 20 non-renewable years for patents; 10 years renewable indefinitely, with a grace period of 6 months for late renewals for trademarks; 5 years renewable for two new consecutive periods of 5 years for designs and industrial models and 10 years for schemes of configuration.
Examination of patent applications will only be as to the form and patentability of the invention's title, i.e. the applications will not undergo any substantive examination. Patents are granted within 18 months as from filing date of the patent application. Exclusive rights to exploit the invention are granted to the inventor or his successors in title.
Patent annuities from (2nd - 5th) must be paid at once. The rest of annuities are payable by periods of five years as follows: (6th -10th, 11th -15th, 16th - 20th). Six-month grace period is allowed with a fine and a further three-month grace period is also granted if the patentee could justify the reasons for non payment.
A three-month grace period is granted to fulfill the filing requirements and documents starting from filing date, otherwise, the application is refused by the Patent Office.
Pharmaceutical compositions, pharmaceutical products and/or remedies including the processes, will now become patentable.
The new Law annuls the two laws currently in force: the Dahir Law of 1916 covering Morocco Zone (Casablanca) and the 1938 Law, which covers Tangier Zone. However, the two laws will remain in force until December 18, 2004.
Furthermore, the new unified law will cover the whole Moroccan territory (both Tangier and Casablanca Zones). Consequently, there will be no need to file separate applications in both Zones, as one application will be sufficient to cover both of them.
If filing is to be carried out prior to December 18, 2004, it is necessary to file two applications, i.e. one in Casablanca Zone and another one in Tangier Zone. However, all patent, trademark, design or industrial model registrations, which were registered or filed prior to December 18, 2004 in either Morocco (Casablanca) or Tangier Zones, will automatically extend its protection to the other Zone as of December 18, 2004.