RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/265/Add.4
5 September 2001
(01-4225)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
Replies by Morocco to the Questions Posed by the European Communities
and their Member States
Addendum
By means of communications from the Permanent Mission of Morocco, dated 16 and
22 June 2001, the Secretariat has received the following replies to the questions posed by theEuropean Communities and their member States,  which were circulated in document IP/C/W/274.
–––––––––––––––
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socio
economic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
Law 17/97 on the Protection of Industrial Property contains the following provisions:
"Article 67:
If required in the interests of public health, patents issued for medicines, for processes for
obtaining medicines, for products necessary for obtaining those medicines or for processes for
making such products may, in the event of the said medicines only being made available to
the public in insufficient quantity or quality or at abnormally high prices, be exploited ex
officio.
Ex officio exploitation shall be authorized by  administrative act, at the request of the
administration responsible for public health.
Article 68:
The administrative act referred to in Article 67 above shall be notified to the patent owner, to
any licensees, and to the agency responsible for industrial property matters which shall
automatically record it in the national patent register.IP/C/W/265/Add.4
Page 2
Article 69:
As from the date of publication of the administrative decision authorizing the ex officio
exploitation of a patent, any qualified person may ask to be granted an exploitation licence,
which shall be referred to as an "ex officio licence".
The procedure for requesting and issuing such a licence shall be established by regulation.An ex officio licence shall be granted on specific terms, particularly in respect of its duration
and scope.
The royalties to which it gives rise shall be left to the parties to agree upon between
themselves.  Alternatively, should they fail to reach an agreement, the amount shall be
established by the competent tribunal.
The licence shall take effect on the date of notification of the act granting it to the parties.
This act shall be automatically recorded in the national patent register.
The licence may only be non-exclusive.  The rights attached to an ex officio licence may not
be assigned, transferred or mortgaged.
Article 70:
Amendments to licence clauses requested by the patent owner or the licence holder shall be
decided and published in accordance with the procedure prescribed for the granting of the
licence.  If they concern the amount of royalties, they shall be decided in accordance with the
procedure laid down for the initial establishment of that amount.
Withdrawal of the licence requested by the pa tent owner for the non-fulfillment of obligations
imposed on the licence holder shall be effected in accordance with the provisions of the
regulation mentioned in Article 69.
Article 71:
The competent administration may give the owners  of patents, other than those mentioned in
Article 67 above, formal notice to exploit them in such a way as to meet the needs of the
national economy.
Article 72:
The decision to give notice under Article 71 above must be reasoned and communicated to
the patent owner and, where appropriate, the licence holders entered in the national patent
register or their agent.
Article 73:
If the notice for which Article 71 above provides has not had any effect one year after being
received and if the lack of exploitation or the insufficient quality or quantity of exploitation is
seriously prejudicing economic development and the public interest, the patents forming thesubject of the notice may be exploited ex officio.
Ex officio exploitation shall be authorized by an administrative act.IP/C/W/265/Add.4
Page 3
The period of one year for which the first paragraph of this Article provides may be extended
by administrative act of the competent administrative authority where the patent owner can
offer a legitimate excuse compatible with the requirements of the national economy.
The additional period for which the preceding paragraph provides shall run from the date of
expiration of the aforesaid one-year period.  The decision according this extension shall be
taken and notified in accordance with the procedure and in the form specified for the decision
to give notice.
Article 74:
Where by virtue of the provisions of the first and second paragraphs of Article 73 above
patents are exploited ex officio, the provisions of Articles 68 to 70 above shall apply."
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).
Article 1 of Law 2-00 of 15 February 2000 on Copyright and Related Rights gives the
meanings of the terms used in that Law and their variants.
Article 3 gives a non-exhaustive list of the literary and artistic works that are original
intellectual creations protected under the copyright legislation.
Where economic rights are concerned, Article 10 accords the author of a work the exclusive
right to deliver his work to the public, that is to say to perform or authorize various acts, to the
exclusion of those subject to the limitation of economic rights.
The author may also exercise his moral rights under Article 9 and has the right to claim
authorship of the work, to remain anonymous or to use a pseudonym and, in general, to object to any
derogatory action in relation to his work that would be prejudicial to his honour or reputation.
With regard to unprotected works, the Law does not extend its protection to official texts of a
legislative, administrative or judicial nature or official translations thereof, news of current events,
ideas, processes, systems, operating methods, concepts, principles, discoveries or mere data, even if
set out, described, explained, illustrated or incorporated in a work (Article 8).
Finally, it should be noted that Law 2-00 of 15 February 2000 complies with the provisions of
the Berne Convention to which Morocco has been party since 16 June 1917 and whose latest revision
it ratified on 17 February 1987 (Paris Act of 24 July 1971).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The Law protects computer programs on the same basis as other literary creations (Article 3).
The term of protection for computer programs is 25 years from the making of the work.
However, it should be pointed out that Article 58 on the applicability of international
conventions stipulates that:IP/C/W/265/Add.4
Page 4
"the provisions of an international treaty concerning copyright and related rights to which the
Kingdom of Morocco is party shall be applicable to the cases for which this Law provides.
Should the provisions of this Law conflict with those of an international treaty to which the
Kingdom of Morocco is party, the provisions of the international treaty shall apply".
"Databases" are defined in Article 1 of the Law.
Databases are also included among the works protected, the list given in Article 3 being non-
exhaustive.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.
The author has the exclusive right to rent or authorize the rental or lending to the public of the
original or a copy of his audiovisual work, his work incorporated in a phonogram, a computer
program, a database or a musical work in graphic form (score), whoever the proprietor of the original
or the copy rented or lent to the public (Article 10(d)).
It should be noted that the above-mentioned rental and lending rights do not apply to the
rental of computer programs where the program itself is not the essential object of the rental
(Article 10, last paragraph).
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
The rights of performers, producers of phonograms and broadcasting organizations (related
rights) are protected under the provisions of Articles 50 to 59 of the Law.
The chapters included in this part of the Law concern authorization rights, fair remuneration
for the use of phonograms, free uses and the term of protection.
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
In the case of copyright, the Law provides for the limitation of economic rights (Articles 12 to
24) in respect of free reproduction for private purposes, temporary reproduction, free reproduction in
the form of quotations, free utilization for teaching, free reprographic reproduction by libraries and
archive services, the depositing of reproduced works in official archives, free utilization for judicialand administrative purposes, free utilization for informatory purposes, the free utilization of images of
works located permanently in public places, the free reproduction and adaptation of computer
programs, free ephemeral recordings by broadcasting organizations, free public performances (official
events or religious ceremonies, activities of educational establishments), and importation for personal
purposes.
With regard to related rights, the reporting of current events, reproduction solely for scientific
research purposes, reproduction in the context of educational activities, and quotations in the form of
short excerpts are permitted without the authorization of the right holders and without the payment of
remuneration.
There is also provision for the free utilization of performances once the performer has
authorized the incorporation of his performance in a fixation of images or sounds and images
(Article 55).IP/C/W/265/Add.4
Page 5
With regard to free utilization by broadcasting organizations, authorization is likewise not
required – with certain reservations – where the fixation or reproduction is made by the broadcasting
organization by means of its own facilities  and for its own broadcasts (Article 56).
Finally, it should be noted that the fifth part of the Law deals with its scope and application.
The provisions of the Law relating to the protection of literary and artistic works apply to
works which have a right to protection under an international treaty to which the Kingdom of
Morocco is party (Article 66, last paragraph).
The provisions of the Law also apply to performances, phonograms and broadcasts protected
under international conventions to which the Kingdom of Morocco is party (Article 67, last
paragraph).
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
Protection under the Law begins with the creatio n of the work, even if not fixed on a physical
medium.
The protected rights concern the economic rights of the author who may, in general, claim
them throughout his life and for 50 years after his death.
The author also enjoys moral rights, even after the transfer or expiry of his economic rights.
These moral rights are perpetual:, imprescriptible, inalienable and transferable to the successors in
title at death.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Under Article 69, the Law applies to works, performances, phonograms and broadcasts
which, at the time of its entry into force, were not yet in the public domain owing to the expiry of the
term of protection to which they were subject under the previous legislation or the legislation of their
country of origin.
The legal consequences of instruments and contracts executed or stipulated before the entry
into force of the law remain wholly intact and unaffected.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Law 17/97 on the Protection of Industrial Property provides as follows:
"Article 133:
For the purposes of this Law, a trademark or service mark is a sign capable of graphic
representation used to distinguish the goods or services of a natural or legal person.
The following, in particular, may constitute such a sign:IP/C/W/265/Add.4
Page 6
(a) Denominations of all kinds such as: wo rds, combinations of words, family and
geographical names, pseudonyms, letters, numbers, acronyms;
(b) figurative signs such as: drawings, labels, seals, borders, reliefs, holograms, logos,
composite images; shapes, in particular that of the product or its packaging or those
characterizing a service; arrangements or combinations of colours or hues.
Article 134:
The distinctiveness of a sign capable of constituting a trademark must be assessed in relation
to the goods or services designated.
The following lack distinctiveness:(a) Signs or denominations which, in common or business parlance, are exclusively the
necessary, generic or usual designation of the product or service;
(b) signs or denominations that can be used to designate a characteristic of the product or
service, and in particular the kind, quality, quantity, purpose, value, geographical
origin or time of production of the product or provision of the service;
(c) signs constituted exclusively by shapes imposed by the nature or function of the
product or conferring on the latter its substantive value.
Article 135:
A sign may not be adopted as a mark or element of a mark if:(a) It reproduces an effigy of His Majesty the King, or that of a member of the Royal
Family, the armorial bearings, flags, insignia or official emblems of the Kingdom or
of other countries members of the Paris Union, the acronyms or denominations of the
United Nations Organization or international organizations adopted by the latter or
those that are already the subject of international agreements in force intended toensure their protection, national or foreign decorations, and Moroccan or foreign
metal coins or fiduciary money, as well as any imitation of an heraldic nature.
These signs may, however, be registered by the agency responsible for industrial property
matters, subject to production of the authorization of the competent authorities;
(a) It is contrary to public order or morals or its use is prohibited by law;(b) is of a kind such as to mislead the public, in particular as to the nature, quality or
geographical origin of the product or service.
Article 136:
Natural or manufactured products bearing, on the product itself or on the packages, crates,
bales, wrappers or labels, a mark, name, sign, imprint, label or decorative motif comprising areproduction or drawing of signs specified in Article 135(a) above shall be prohibited from
entering the territory of the Kingdom and may not be admitted under the economic customs
procedures or placed in circulation, otherwise than upon production of a permit issued by the
competent authorities.IP/C/W/265/Add.4
Page 7
Article 137:
A sign that infringes prior rights may not be adopted as a mark, in particular where it
infringes:
(a) A mark previously registered or we ll-known within the meaning of Article 6 bis of the
Paris Convention for the Protection of Industrial Property;
(b) a denomination or company name, if there is a risk of confusion in the mind of the
public;
(c) a trade name or sign known throughout the national territory, if there is a risk of
confusion in the mind of the public;
(d) a protected appellation of origin;
(e) rights protected by the Law on the Protection of Literary and Artistic Works;
(f) rights deriving from a protected industrial design;(g) a third party’s personality rights, in particular to his family name, pseudonym or
image;
(h) the name, image or reputation of a territorial authority.Article 138:
The nature of the goods or services to which the mark is to be applied shall in no case form an
obstacle to the registration or validity of that mark.
Article 139:
A mark may be collective or individual.  A trademark or service mark shall be optional,
subject to legal provisions to the contrary."
10. Please confirm whether or not services are a protectable subject matter in your
trademark law. Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Yes, service marks are protected by Law 17-97 in the same way as trademarks and, in
particular, under Article 1 of the Law, which reads:
"For the purposes of this Law, the protection of industrial property shall have as its subject-
matter patents for invention, layout-designs (topographies) of integrated circuits, industrial
designs, trademarks, service marks, trade names, and indications of source and appellations of
origin, as well as the prevention of unfair competition."
Similarly, the first paragraph of Article 133 stipulates that:"For the purposes of this Law, a trademark or service mark is a sign capable of graphic
representation used to distinguish the goods or services of a natural or legal person."IP/C/W/265/Add.4
Page 8
With regard to trade names, Law 17-97 provides as follows:
"Article 1:
For the purposes of this Law, the protection of industrial property shall have as its subject-
matter patents for invention, layout-designs (topographies) of integrated circuits, industrial
designs, trademarks, service marks, trade names, and indications of source and appellations of
origin, as well as the prevention of unfair competition.
Article 177:
A trade name is a distinctive appellation or a distinctive sign under which an enterprise
operates.
Article 178:
A name or designation which, by virtue of its nature or the use to which it may be put, is
contrary to morality and public order, or which might mislead trade circles or the public as to
the nature of the enterprise thus designated, may not constitute a trade name.
Article 179:
Trade names, whether or not they form part of a mark, shall be protected by the provisions of
Law 15-95 Establishing a Commercial Code against any subsequent use thereof by a third
party, whether it be in the form of a trade name, trademark or service mark, if there is a risk of
confusing the public."
Likewise, under the provisions of Article 133(b) of Law 17-97, figurative signs such as
drawings, holograms and shapes, in particular the shape of the product or its packaging, may
constitute a mark.
However, the Law does not provide tradem ark protection for sounds or perfumes.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of a
registration in that respect.
Law 17-97 does not provide for use of the mark as a condition for registration.  In accordance
with Article 140 of the Law, ownership of the mark is acquired by registration:
"Article 140:
Ownership of a mark is acquired by registration.  A mark may be acquired in co-ownership."
Failure to use a mark may result in its owner forfeiting his rights.  Thus, Articles 163 and 164
of Law 17-97 provide as follows:
"Article 163:
The owner of a mark who, without good cause, fa ils to make serious use of it, for goods or
services covered by the registration, during an uninterrupted period of five years shall be
liable to forfeit his rights.IP/C/W/265/Add.4
Page 9
Such use shall include:
(a) Use made with the consent of the owner of the mark or, for collective marks, in
accordance with the terms of the regulations;
(b) use of the mark in a modified form without changing its distinctive character;
(c) affixing the mark to goods or their pack aging, exclusively with  a view to export.
An action for forfeiture may be brought by any interested party.  If the complaint relates only
to part of the goods or services covered by the registration, the forfeiture shall extend only to
the products or services concerned.
Serious use of the mark begun or resumed subsequent to the five-year period specified in the
first paragraph of this article shall not constitute an obstacle thereto if undertaken within the
three months preceding the action for forfeiture and after the owner became aware of the
possibility of an action for forfeiture.
It shall be the responsibility of the owner of the mark against whom the action for forfeiture is
brought to prove that the mark has been used.  Such proof may take any form.
Forfeiture shall be effective from the expiration of the five-year period specified in the first
paragraph of this article.  It shall have unconditional effect.
Article 164:
The owner of a mark that has become by his doing:(a) The usual designation in trade for the product or service;(b) liable to mislead the public, in particular as to the nature, quality or geographical
origin of the product or service
(c) shall also be liable to forfeit his rights."
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
In accordance with the provisions of Law 17-97, the registration of a mark produces its
effects for a period of ten years renewable indefinitely.  Thus, Article 152 provides as follows:
"Article 152:
The registration of a mark shall produce its effects from the filing date for a period of ten
years renewable indefinitely.  It may be renewed on the same terms and conditions as
provided for in Section II of Chapter II of this Title.  The registration should be renewed
within the six months preceding the expiration of its period of validity.
However, a grace period of six months starting from the expiration of the period of validity
shall be accorded to the applicant for the purpose of effecting the said renewal.  The renewal
period shall run from the expiration of the period of validity of the registration.IP/C/W/265/Add.4
Page 10
If the request for renewal relates to only some of the goods or services covered by the
registration, the registration of the mark shall be renewed solely for the goods or services in
question.
The registration of a mark may be renewed if the renewal does not involve any modification
of the design of the mark or any extension to goods or services other than those specified in
the initial application for registration of the mark.
In the event of any modification of the sign or extension of the list of goods or services
specified a new application must be filed."
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
In accordance with Article 163 of Law 17-97 (see the reply to question 11), the owner of a
mark who, without good cause, fails to make serious use of it, for goods or services covered by the
registration, during an uninterrupted period of five years shall be liable to forfeit his registration.
D. GEOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Article 137 of Law 17-97 stipulates that:
"A sign that infringes prior rights may not be adopted as a mark, in particular where it
infringes:
(a) A mark previously registered or we ll-known within the meaning of Article 6 bis of the
Paris Convention for the Protection of Industrial Property;
(b) a denomination or company name, if there is a risk of confusion in the mind of the
public;
(c) a trade name or sign known throughout the national territory, if there is a risk of
confusion in the mind of the public;
(d) a protected appellation of origin(e) rights protected by the Law on the Protection of Literary and Artistic Works;(f) rights deriving from a protected industrial design;(g) a third party’s personality rights, in particular to his family name, pseudonym or
image;
(h) the name, image or reputation of a territorial authority."Moreover, under the second paragraph of Article 161 of Law 17-97:
"Only the holder of a prior right may bring an action for cancellation on the basis of
Article 137 above.  However, his action shall not be admissible if the mark was filed in good
faith and if he has tolerated its use for five years."IP/C/W/265/Add.4
Page 11
15. Please give the definition of a geographical indication in your legislation.
Law 17-97 protects geographical indications as indications of source and appellations of
origin.  Thus, Articles 180 and 181 define these two terms as follows:
"Article 180:
The term ‘indication of source’ means an expression or sign used to indicate that a product or
service comes from a country or group of countries, or from a region or specific place.
Article 181:
An appellation of origin is the geographical name of a country, region or locality used to
designate a product originating therein whose quality, reputation  or other specified
characteristics are exclusively or essentially attributable to the geographical environment,
including natural and human factors."
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
It follows from the provisions of Article 180 reproduced in the reply to question 15 above that
the links existing between the characteristics of a gi ven indication and its geographical origin form a
unified concept.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Law 17-97 does not provide additional protection for wines and spirits.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
[No reply received]
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designsare protected.
Article 104 of Law 17-97 reads as follows:
"For the purposes of this Law, an industrial design means any arrangement of lines or colours
or any three-dimensional shape, whether or not associated with lines or colours, provided that
this arrangement or shape gives a special appearance to an industrial or craft product and can
serve as a model for the manufacture of an industrial or craft product.
An industrial design must differ from similar designs by having either a distinct and
recognizable configuration conferring novelty or one or more outward effects giving it a new
and characteristic appearance."IP/C/W/265/Add.4
Page 12
Moreover, industrial designs benefit from the protection conferred by Law 17-97 under the
provisions of that Law concerning industrial designs as such.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Articles 123 and 124 of Law 17-97 provide as follows:
"Article 123:
Any creator of an industrial design or his successors in title shall have the exclusive right to
exploit the design, sell it or have it sold in  accordance with the provisions of this Law,
without prejudice to the rights conferred by other statutory provisions and in particular the
legislation relating to the protection of literary and artistic works.
Article 124:
The registration of an industrial design shall confer on its owner the right to prohibit third
parties from performing the following acts:
(a) The reproduction of the industrial design with a view to its exploitation;
(b) the importation, offering for sale or sale of a product reproducing the protected
industrial design;
(c) the stocking of such a product for the purpose of offering it for sale or selling it,
(d) where such acts are performed for commercial or industrial purposes.
The acts referred to in subparagraph (a) above shall not be made lawful merely by the fact
that the reproduction presents minor differences with respect to the protected industrial design
or relates to another kind of product."
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Law 17-97 does not contain provisions concerning compulsory licences for industrial designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Articles 122 and 129 of Law 17-97 provide as follows:
"Article 122:
The registration of an industrial design shall produce its effects for five years from the filing
date.  It may be renewed on the same terms and conditions as laid down in Chapter III of this
Title for two further consecutive five-year periods.  The registration should be renewed within
the six months preceding the expiration of its period of validity.
However, a grace period of six months starting from the expiration of the period of validity
shall be accorded to the applicant for the purpose of effecting the said renewal.  The renewal
period shall run from the expiration of the period of validity of the registration.IP/C/W/265/Add.4
Page 13
Article 129:
The exclusive right of exploitation attached to an industrial design protected by this Title shall
terminate upon the expiration of a maximum period of 15 years from the initial filing date."
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Law 17-97 on the Protection of Industrial Property contains the following relevant provisions:
"Article 22:
Any new invention that involves an inventive step and is capable of industrial application
may be patented.
Article 26:
An invention shall be considered new if it is not included in the state of the art.
The state of the art comprises everything that has been made accessible to the public by
written or oral description, use or any other means prior to the filing date of the patent
application in Morocco or of a patent application filed abroad whose priority has been validly
claimed.
By way of derogation from the provisions of this Article, the disclosure of the invention shall
not be taken into account in the following two cases:
(1) If it occurs during the six months preceding the filing of the patent application;(2) if it results from the publication, after the filing date, of a prior patent application and
if, in either case, it results directly or indirectly
(a) from an obvious abuse of the rights of the applicant or his predecessor in title;
(b) from the fact that the invention was displayed for the first time by the
applicant or his predecessor in title in an official or officially recognized
international exhibition, organized on the territory of one of the countries ofthe International Union for the Protection of Industrial Property.
However, in this latter case, the exhibition of the invention must be declared when the
application is filed.
Article 27:
An invention shall be regarded as involving an inventive step if, for a person skilled in the art,
it is not obviously derived from the state of the art.IP/C/W/265/Add.4
Page 14
Article 28:
An invention shall be regarded as capable of industrial application if its subject-matter can be
produced or used in any type of industry, including agriculture."
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Law 17-97 on the Protection of Industrial Property contains the following relevant provisions:
"Article 16:
Any invention may form the subject of a document of title to industrial property issued by the
agency responsible for industrial property matters.  This document shall confer on its holder
or his successors in title an exclusive right to exploit the invention.  The right in the document
of title to industrial property shall belong to the inventor or his successors in title, subject tothe provisions of Article 18 below.
If several persons make an invention independently of each other, the right in the document of
title to industrial property shall belong to the one who can show that he was the first to file."
"Article 51:
The rights attached to a patent application or a patent for invention shall take effect from the
date of filing of the patent application and shall confer on their holder or his successors in title
the exclusive right of exploitation referred to in the first paragraph of Article 16 above.
Article 52:
The scope of the protection conferred by a patent shall be determined by the wording of the
claims.  However, the description and drawings may be used to interpret the claims.
If the subject-matter of the patent is a process, the protection conferred by the patent shall
extend to the product obtained directly by that process."
"Article 55:
The rights conferred by a patent shall not extend to:(a) Acts performed in a private environment and for non-commercial purposes;(b) acts performed for experimental purposes relating to the subject-matter of the
patented invention;
(c) the extemporaneous preparation of medici nes by pharmacies in individual doses, on a
doctor’s prescription, and acts relating to medicines thus prepared;
(d) acts relating to the product covered by the patent performed on Moroccan territory
after the product has been introduced into commerce in Morocco by the patent owner
or with his express consent;IP/C/W/265/Add.4
Page 15
(e) the utilization of patented subject-matter on board aircraft, land vehicles or ships of
countries members of the International Union for the Protection of Industrial Property
which enter Moroccan airspace, territory or territorial waters temporarily or
accidentally;
(f) acts performed by anyone who, in good faith, on the filing date of the application or,
where priority is claimed, on the priority date of the application on the basis of which
the patent was issued in Moroccan territory was using the invention or making
effective and serious preparations for using it, insofar as the said acts do not differ, in
nature or purpose, from the prior effective or contemplated use.  The right of the prior
user may only be transferred with the enterprise to which it is attached."
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section of
your legislation and explain its formulation.  Please also explain if it has been applied in
practice.
Article 24 of Law 17-97 reads as follows:
"The following shall not be patentable:(a) Inventions the publication or application of which would be contrary to public order
or morality".
The provisions of subparagraph (a) of this article are currently applicable.Moreover, morality is generally defined as behaviour or acts that globally respect the
principles of social relations, taking religious prin ciples into account.  For example, indecent drawings
are considered contrary to morality.
Thus, the notion of public order should be interpreted broadly and covers everything that
might have the effect of disturbing public order in general.  Clearly, it is not easy to draw up an
exhaustive list of what is meant by public order.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislation
and explain its formulation.
Article 25 of Law 17-97 reads as follows:
"Diagnostic, therapeutic and surgical methods for the treatment of humans or animals shall
not be considered inventions capable of industrial application pursuant to Article 22 above.
This provision shall not apply to products, and in particular substances or compositions, used
to put such methods into practice."
The effect of these provisions is to exclude from patentability the utilization, for therapeutic
purposes, of a substance or composition already known for its therapeutic or diagnostic
applications.  Thus, anyone who developed a new therapeutic effect of a known medicine
would not be able to patent his invention.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.IP/C/W/265/Add.4
Page 16
Article 24(b) of Law 17-97 provides as follows:
"The following shall not be patentable:
(…)
(b) new varieties of plants, which are subject to the provisions of Law 9-94 on the
Protection of New Varieties of Plants."
The provisions of subparagraph (b) of this article will be applicable from the entry into force
of Law 17-97 which will take place six months after the publication of the texts adopted for itsimplementation and, in particular, the implementing decree.
Moreover, new plant varieties are protected by Law 9-94 on the Protection of New Varieties
of Plants.
Law 17-97 does not provide protection for essentially biological processes.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are protected in your legislation. Please explain, in
this respect, the relevant sections of your legislation.
At present, the national legislation does not provide protection for micro-organisms.
With regard to essentially biological and microbiological processes, the reply to question 27
above applies.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Articles 51 to 54 of Law 17-97 read as follows:
"Article 51:
The rights attached to a patent application or a patent for invention shall take effect from the
date of filing of the patent application and shall confer on their holder or his successors in title
the exclusive right of exploitation referred to in the first paragraph of Article 16 above.
Article 52:
The scope of the protection conferred by a patent shall be determined by the wording of the
claims.  However, the description and drawings may be used to interpret the claims.
If the subject-matter of the patent is a process, the protection conferred by the patent shall
extend to the product obtained directly by that process.
Article 53:
The following shall be prohibited, save with the consent of the patent owner:
(a) Making, offering, putting on the market or using a product that forms the subject-
matter of a patent, or importing or stocking that product for such purposes;IP/C/W/265/Add.4
Page 17
(b) using a process that forms the subject-matter of a patent or – if the third party
involved is aware or if the circumstances make it clear that the use of the process is
prohibited without the consent of the patent owner – offering the use of such a
process within Moroccan territory;
(c) offering, putting on the market or using a product obtained directly by a process
which forms the subject-matter of a patent, or importing or stocking such a product
for these purposes.
Article 54:
It is also prohibited, without the consent of the ow ner of the patent, to supply or offer to supply
within Moroccan territory, to an y person other than the person authorized to exploit the patented
invention, the means for putting such  invention to use within that  territory with respect to an
essential element of the invention, if the third pa rty involved is aware, or if the circumstances
make it clear, that such means are suitable and intended for putting that invention to use.
The provisions of the foregoing paragraph shall not apply if the means for putting the invention
to use are products that are commercially available on a regular basis, unless the third party
incites the person to whom he delivers such m eans to commit the acts prohibited by Article  53
above.
Persons who engage in the activities referred to in Article 55 below are not considered to be
persons authorized to exploit the invention in the sense of the first paragraph above."
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
Article 21 of Law 17-97 stipulates that:
"The invention may relate to products, to processes or to any new application or combination
of known methods, for the purpose of attaining a result not previously attainable by state-of-
the-art means.
The invention may also pertain to pharmaceutical compositions, pharmaceutical products or
remedies of any kind, including processes and devices used in the preparation thereof."
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Pursuant to Article 52 of Law 17-97:
"The scope of the protection conferred by a patent shall be determined by the wording of the
claims.  However, the description and drawings may be used to interpret the claims.
If the subject-matter of the patent is a process, the protection conferred by the patent shall
extend to the product obtained directly by that process."IP/C/W/265/Add.4
Page 18
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditions
in detail.
Articles 34 to 38 of Law 17-97 read as follows:
"Article 34:
The description of the invention shall include:
(1) The technical field to which the invention relates;
(2) the prior state of the art known to the applicant that might help with the understanding
of the invention;
(3) an account of the invention as characterized in the claims enabling the technical
problem and the solution provided by the invention to be understood, with an
explanation, where appropriate, of the advantages of the invention with respect to the
prior state of the art;
(4) a brief description of the drawings, if any;
(5) a detailed account of at least one method of implementing the invention, in principle
with the use of examples and references to the drawings, if any;
(6) a statement as to how the invention is capable of industrial application, if this is not
already clear from the description or the nature of the invention.
The description of the invention must be sufficiently clear and complete for it to be carried
out by a person skilled in the art."
Article 35:
The claims shall define the subject-matter for which protection is sought, indicating the
technical characteristics of the invention.  Except where absolutely necessary, for the purpose
of expressing the technical characteristics of the invention a claim may not be based on mere
references to the description or the drawings.
Article 36:
The title must characterize the subject-matter of the invention.  It must indicate clearly and
concisely the technical designation of the invention and may not include any fancifuldenomination.
Article 37:
The patent application must not contain:(1) Elements or drawings whose publication or implementation would be contrary to
public order or morality;IP/C/W/265/Add.4
Page 19
(2) disparaging statements concerning the products or processes of third parties or the
merits or validity of third-party patent applications or patents.  Mere comparisons
with the state of the art shall not in themselves be considered disparaging;
(3) elements clearly irrelevant to the description of the invention.A patent application may not contain restrictions, conditions or reservations.Article 38:
A patent application may cover only one invention or a group of inventions so interrelated as
to constitute a single general inventive concept."
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
According to Article 55 of Law 17-97:
"The rights conferred by a patent shall not extend to:(a) Acts performed in a private environment and for non-commercial purposes;
(b) acts performed for experimental purposes relating to the subject-matter of the
patented invention;
(c) the extemporaneous preparation of medici nes by pharmacies in individual doses, on a
doctor’s prescription, and acts relating to medicines thus prepared;
(d) acts relating to the product covered by the patent performed on Moroccan territory
after the product has been introduced into commerce in Morocco by the patent owner
or with his express consent;
(e) the utilization of patented subject-matter on board aircraft, land vehicles or ships of
countries members of the International Union for the Protection of Industrial Propertywhich enter Moroccan airspace, territory or territorial waters temporarily or
accidentally;
(f) acts performed by anyone who, in good faith, on the filing date of the application or,
where priority is claimed, on the priority date of the application on the basis of whichthe patent was issued in Moroccan territory was using the invention or making
effective and serious preparations for using it, insofar as the said acts do not differ, in
nature or purpose, from the prior effective or contemplated use.  The right of the prior
user may only be transferred with the enterprise to which it is attached."
34. Please explain whether or not your legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Articles 60 to 66 of Law 17-97 deal with compulsory licensing and incorporate the same
principles as Article 31 of the TRIPS Agreement.  These articles provide as follows:IP/C/W/265/Add.4
Page 20
"Sub-section II.  Compulsory licences
"Article 60:
Any person under public or private law may, three years after the issuance of the patent or four
years after the date of filing the application for a patent, obtain from the court a compulsory
licence in respect of that patent, in accordance with Articles  61 and 62 below, if at the time of
the request and in the absence of legitimate excuse s, the owner of the patent or his successor in
title:
(a) Has not begun to exploit, or has not made effective and serious preparations to
exploit, the invention covered by the patent within the territory of the Kingdom ofMorocco;
(b) has not marketed the subject-matter of the patent in a quantity sufficient to meet the
needs of the Moroccan market;  or
(c) has abandoned the exploitation or marketing of the patent in Morocco more than three
years previously.
Article 61:
An application for a compulsory licence must be filed with the court.  It must be accompanied
by a justification stating that the applicant has been unable to obtain an exploitation licence
from the owner of the patent on an amicable basi s, and in particular on reasonable commercial
terms and conditions, and that the applicant is in  a position to exploit the invention in such a
way as to meet the needs of the Moroccan market.
Article 62:
A compulsory licence may not be an exclusive licence.A compulsory licence must be issued predomin antly for the supply of the Moroccan market.
A compulsory licence is granted pursuant to conditions established by the court, in particular
with respect to its duration and scope, which shall be limited to the purpose for which the
licence is granted, and with respect to the royalties to which it gives rise.  These royalties
shall be determined on a case by case basis, taking into account the economic value of the
licence.
The court may amend these conditions at the request of the owner or the licensee.Article 63:
If the circumstances that led to the granting of the compulsory licence cease to exist and it
appears unlikely that they will recur, the e xploitation licence may be withdrawn provided that
the legitimate interests of the licensees are ad equately protected.  Upon motivated request of
any interested party, the court may review the continued existence of these circumstances.  If
the owner of a compulsory licence fails to abide by the conditions pursuant to which thelicence was granted, the owner of the patent and, if applicable, the other licensees may have
the court withdraw the licence.  Any transfer of the rights attached to a compulsory licence
shall be submitted to the court for its approval, on pain of nullity.IP/C/W/265/Add.4
Page 21
Article 64:
Once judicial decisions taken pursuant to the present sub-section become final, the clerk’s
office shall give notice thereof to the agency responsible for industrial property, which shall
enter them in the national patent register.
Article 65:
In the absence of an amicable agreement, the court may, pursuant to Articles  60 to 62 above,
grant the holder of a compulsory licence a patent of addition to the patent itself, even if such
patent of addition is issued before the expiry of the periods referred to in Article 60 above.
Article 66:
If an invention protected by a patent cannot be exploited without infringing the rights attached
to an earlier patent for which the owner refuses to grant an exploitation licence on reasonable
commercial terms and conditions, the owner of the later patent may obtain a compulsorylicence from the court pursuant to the same conditions as set forth in Articles  60 to 62 above,
provided:
(a) The invention claimed in the later patent involves an important technical advance of
considerable economic significance in relation to the invention claimed in the earlierpatent;
(b) the owner of the earlier patent is entitled to a cross-licence on reasonable terms to use
the invention claimed in the later patent;  and
(c) the licence in respect of the earlier patent is non-assignable except with the
assignment of the later patent."
It follows from these articles that the conditions laid down must necessarily be fulfilled by
any person under public or private law wishing to obtain a compulsory licence for the exploitation of
an invention patented in Morocco.  These conditions are set out in the aforementioned articles, in
particular in Article 60.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time. In
this context, how do you define "reasonable period of time".  Please also explain how yourlegislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.
Articles 61 and 62 of Law 17-97 stipulate that:
Article 61:
An application for a compulsory licence must be filed with the court.  It must be accompanied
by a justification stating that the applicant has been unable to obtain an exploitation licence
from the owner of the patent on an amicable basi s, and in particular on reasonable commercial
terms and conditions, and that the applicant is in  a position to exploit the invention in such a
way as to meet the needs of the Moroccan market.IP/C/W/265/Add.4
Page 22
Article 62:
A compulsory licence may not be an exclusive licence.
A compulsory licence must be issued predomin antly for the supply of the Moroccan market.
A compulsory licence is granted pursuant to conditions established by the court, in particular
with respect to its duration and scope, which shall be limited to the purpose for which the
licence is granted, and with respect to the royalties to which it gives rise.  These royalties
shall be determined on a case by case basis, taking into account the economic value of the
licence.
The court may amend these conditions at the request of the owner or the licensee."
The provisions on compulsory licensing are intended to sanction misuse of the patent by the
owner who, while not exploiting the patent hi mself, refuses to grant a licence for it.
Thus, any interested person under public or private law must file an application with the court
in order to obtain a compulsory licence.
However, this application must be accompanied by a statement showing that the applicant has
been unable to obtain an exploitation licence from the patent owner on an amicable basis, and inparticular on reasonable commercial terms and conditions, and that the applicant is in a position to
exploit the invention in such a way as to meet the needs of the Moroccan market.
The evaluation of the aforementioned commercial terms and conditions is a matter for the
court which may rule on this issue if the patent owner claims that they are in fact reasonable or theapplicant claims that they are not.
This is the basis for the provisions concerning the granting of compulsory licences in the third
paragraph of Article 62 above.
Moreover, a compulsory licence must be issued  predominantly for the supply of the Moroccan
market, as stated in the s econd paragraph of Article 62.
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
Law 17-97 does not provide for an additional term of protection for patents.  Thus, Article 17
of the Law reads as follows:
"The documents of title to industrial property protecting inventions are:(a) Patents for invention issued for a term of protection of twenty years from the filing
date of the patent application;
(b) patents of addition, which are ancillary documents of title for inventions whose
subject-matter is linked to at least one claim of a main patent.  Patents of addition are
granted for a term which takes effect from the filing date of the correspondingapplication and expire with the main patent to which they are linked."
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.IP/C/W/265/Add.4
Page 23
Patents for which applications had been filed on 1 January 1995 were issued in accordance
with the procedure laid down by the law.
Patents for inventions relating to pharmaceutical products, applications for which were filed
under the "mailbox" system established pursuant to Article 70.8 of the TRIPS Agreement, will be
issued in accordance with the procedure laid down by Law 17-97 as soon as it enters into effect.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
When requested by an opposing party, the judicial authorities have the authority to order a
party to the proceedings to produce evidence in his control.
These powers are conferred on the judicial authorities by various provisions, including those
of the Code of Civil Procedure and the Dahir Establishing a Code of Obligations and Contracts.
Thus, Article 55 of the Code of Civil Procedure stipulates that "before ruling on the merits,
the judge may, at the request of both or one of the parties, or ex officio, order an expert study, an
inspection of premises, the establishment of the genuineness of a document or any other investigative
measure".
Similarly, under Article 435 of the Code of Obligations and Contracts, although the
communication to the other party of commercial ledgers and balance sheets and household records
can only be ordered by the courts in collation, community and partnership cases or in other cases in
which the books are common to both parties or in the event of bankruptcy, it may be ordered, either
ex officio or at the request of one of the parties, in the course of proceedings and even before anycomplaint has been lodged, when justified by sufficient need, though only to the extent required by
that need.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Law 17-97 mentions layout-designs (topographies) of integrated circuits among the elements
that fall within its protection.  Thus, Article 1 reads as follows:
"For the purposes of this Law, the protection of industrial property shall have as its subject-
matter patents for invention, layout-designs (topographies) of integrated circuits, industrial
designs, trademarks, service marks, trade names, and indications of source and appellations oforigin, as well as the prevention of unfair competition."
Moreover, other articles read as follows:
"Article 90:
For the purposes of this Law:- A layout-design (topography) means the three-dimensional disposition, however
expressed, of the elements, at least one of which is an active element, and of some or
all of the interconnections of an integrated circuit, or such a three-dimensionaldisposition prepared for an integrated circuit intended for manufacture;IP/C/W/265/Add.4
Page 24
- an integrated circuit means a product, in its final form or an intermediate form, in
which the elements, at least one of which is an active element, and some or all of the
interconnections are integrally formed in and/or on a piece of material and which is
intended to perform an electronic function.
Article 91:
Layout-designs (topographies) that are original in the sense that they are the result of their
creators’ own intellectual effort and are not commonplace among creators of layout-designs
(topographies) and manufacturers of integrated circuits at the time of their creation may be
the subject of the protection provided  by the Law.
A layout-design (topography) that consists of a combination of elements and interconnections
that are commonplace shall be protected only if the combination, taken as a whole, fulfils the
conditions referred to in the preceding paragraph.
Article 92:
The protection accorded to a layout-design (topography) shall apply only to the layout-design
(topography) proper, to the exclusion of any c oncept, process, system, technique or coded
information incorporated therein.
Article 93:
The provisions of Chapters II and III of Title II of this Law shall be applicable to layout-
designs (topographies) of integrated circuits subject to the following special provisions.
Article 94:
Any layout-design (topography) may form the subject of a document of title to industrial
property known as an "integrated circuit layout-design (topography) certificate".
Layout-designs (topographies) of integrated circuits shall be protected for a term of ten years
from the application filing date.
Article 95:
The right in the certificate shall belong to the cr eator or his successors in title, subject to the
provisions of Article 18 above.
The provisions of Articles 19 and 20 above shall be applicable to layout-designs
(topographies) of integrated circuits.
Article 96:
The application for an integrated circuit layout-design (topography) certificate must be
accompanied, at the time of filing, by a copy or a drawing of the layout-design (topography)
and, where the integrated circuit has been commercially exploited, by a sample of that
integrated circuit, along with information defining the electronic function which theintegrated circuit is intended to perform.IP/C/W/265/Add.4
Page 25
Article 97:
Unless the layout-design is commonplace, the filing of the application referred to in
Article 96 above may be effected within two years of  the layout-design first being ordinarily
commercially exploited anywhere in the world.  However, in no case may filing be effectedmore than fifteen years after the final or intermediate topography was first fixed or encoded if
it has never been exploited."
Likewise, according to Article 201:"Any encroachment on the rights of the owner of  a patent, a patent of addition, an integrated
circuit lay-out design (topography) certificate, an industrial design registration certificate or atrademark or service mark registration certificate, as defined in Articles 53, 54, 99, 123, 124,
154 and 155 above, respectively, shall constitute an infringement.
The offer, placing on the market, reproduction, use and stocking with a view to use or placing
on the market of an infringing product, where these acts are performed by a person other thanthe manufacturer of the infringing product, shall not render their author liable unless the acts
were performed with full knowledge of the facts."
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographiesincluding integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Article 99 of Law 17-97 reads as follows:
"Article 99:
In the absence of the consent of the holder of the right in the design, the following shall be
prohibited:
(a) The act of reproducing, whether by incorporation in an integrated circuit or
otherwise, a protected layout-design (topography) in its entirety or any part thereof,except the act of reproducing any part that does not comply with the requirement of
originality referred to in Article 91 above;
(b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout-design (topography), an integrated circuit in which a protectedlayout-design (topography) is incorporated, or an article incorporating such an
integrated circuit only insofar as it continues to contain an unlawfully reproduced
layout-design."
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Article 100(c) provides as follows:
"Article 100:
The following acts shall not be considered unlawful:IP/C/W/265/Add.4
Page 26
(…)
(c) any of the acts referred to in Article 99 above in respect of an integrated circuit
incorporating an unlawfully reproduced layout-design (topography) or any articleincorporating such an integrated circuit where the person performing or ordering such
act did not know and had no reasonable ground to know, when acquiring the
integrated circuit or article incorporatin g such an integrated circuit, that it
incorporated an unlawfully reproduced layout-design.  After the time that such person
has received sufficient notice that the layout-design was unlawfully reproduced, that
person may perform any of the acts with respect to the stock on hand or ordered
before such time, but shall be liable to pa y to the right holder a sum equivalent to a
reasonable royalty such as would be payable under a freely negotiated licence in
respect of such a layout-design."
42. Please state the term of protection granted by your legislation to topographies.
Law 17-97 provides a term of protection of ten years for layout-designs (topographies) of
integrated circuits.  Thus, Article 94 stipulates that:
"Any layout-design (topography) may form the subject of a document of title to industrial
property known as an "integrated circuit layout-design (topography) certificate.
Layout-designs (topographies) of integrated circuits shall be protected for a term of ten years
from the application filing date."
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
There are numerous statutory provisions that  protect undisclosed information without,
however, specifying the duration of that protection.
Thus, Article 18 of the General Civil Service Act and Regulations requires every official to
keep confidential everything concerning facts and information of which he becomes aware during or
in connection with the performance of his duties, irre spective of the confidentiality provisions of the
Criminal Code.
Article 15 of the Code of Criminal Procedure stipulates that:"During the investigation or inquiry the procedur e shall be confidential.  Anyone participating
in this procedure shall be bound to professional secrecy under the conditions and subject to
the penalties laid down in the Criminal Code."
The Code of Obligations and Contracts also contains various provisions concerning the
relevant obligations of the State and those of its officials and members of the legal service.
Thus, the State is liable for any damage caused directly by the activities of its services or the
administrative errors of their officials (Article 79).  Civil servants are personally liable for anydamage caused by them, intentionally or through their gross negligence, in the performance of their
duties.  An action for damages may be brought against the State only if the officials responsible are
insolvent (Article 80).  A member of the legal serv ice who fails in his official duties shall be civillyIP/C/W/265/Add.4
Page 27
liable to the injured party where there are grounds for an action for damages against him for misuse of
authority (Article 81).
Under Article 2 of Law No. 41-80 Establishing and Organizing a Bailiff Service, the powers
of the bailiff include:
"The capacity personally to make any service of process required by the preparatory stages of
the  proceedings and perform all acts required for the execution of orders and judgements,
where the method of service has not been specified, and to bring to execution court decisions
and enforceable measures and writs of execution, subject to referral in the event of
difficulties."
However, bailiffs are faced with various sanctions and penalties in the event of failure to
comply with their professional obligations, in accordance with the provisions of Articles 19 to 21 of
Law No. 41-80 Establishing and Organizing a Bailiff Service.
Moreover, in no circumstances may an attorney make any disclosure in contravention of
professional secrecy.  In particular, he must respect the confidentiality of criminal inquiries and
refrain from communicating any information taken from the files or publishing documents or letters
concerning an ongoing investigation (Article 36 of  Law No. 1-93-162 Organizing the Practice of the
Profession of Attorney).
With regard to Law 17-97 on the Protection of Industrial Property, Articles 18(c), 215, 216,
218 and 221 contain provisions dealing with the protection of undisclosed information and impose
penalties on any act of disclosure of information relating to an invention:
"Article 18(c):
The employee and his employer must communicate to each other all useful information
concerning the invention in question.  They shall disclose nothing that might jeopardize the
exercise of the rights conferred by this Title, in whole or in part.
Article 215:
The penalties provided for in Articles 213 and 214 above shall be increased to imprisonment
for six months to two years and/or a fine of 100,000 to 500,000 dirhams only if the infringer
is an employee who has worked in the workshops or the establishment of the patentee.
An employee who has entered into association with the infringer after informing him of the
processes described in the patent shall be liable to the same penalties.
The employee may be prosecuted under the provisions of Article 447 of the Criminal Code.Article 216:
Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications sold
or distributed, offered for sale or displayed in public places or at public meetings, or in bills or
posters exposed to public view have given any information, indication or descriptionwhatsoever concerning patents or patents of addition relating to a main patent or integrated
circuit layout-designs (topographies) for which an application has been filed by them or by
others but which have not yet been granted, shall be liable to a fine of 50,000 to
500,000 dirhams.IP/C/W/265/Add.4
Page 28
In addition to the fine, repeat offenders shall be liable to imprisonment for three months to
two years.
Article 218:
The provisions of Chapter II of this Title sh all also be applicable to civil and criminal
infringement proceedings concerning layout-designs (topographies) of integrated circuits.
Article 221:
Any deliberate infringement of the rights of the owner of an industrial design shall be
punishable by a fine of 25,000 to 250,000 dirhams.
This penalty shall be increased to a fine of 50,000 to 250,000 dirhams and imprisonment for
one to six months if the offender was in the employ of the injured party.
The latter penalties shall also be applicable if the defendant is a repeat offender, that is to say
has been irrevocably convicted of the identical offence within the previous five years.
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence."
44. Please explain how your legislation defines undisclosed information.
See reply to question 43 above.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Article 216 of Law 17-97 reads as follows:
"Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications soldor distributed, offered for sale or displayed in public places or at public meetings, or in bills or
posters exposed to public view have given any information, indication or description
whatsoever concerning patents or patents of addition relating to a main patent or integrated
circuit lay-out designs (topographies) for which an application has been filed by them or by
others but which have not yet been granted, shall be liable to a fine of 50,000 to 500,000dirhams.
In addition to the fine, repeat offenders shall be liable to imprisonment for three months to
two years."
I. E
NFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
"Title VIII: Legal proceedings
Chapter 1: General provisionsIP/C/W/265/Add.4
Page 29
Article 201:
Any encroachment on the rights of the owner of a patent, a patent of addition, an integrated
circuit layout-design (topography) certificate, an industrial design registration certificate or a
trademark or service mark registration certificate, as defined in Articles 53, 54, 99, 123, 124,154 and 155 above, respectively, shall constitute an infringement.
The offer, placing on the market, reproduction, use and stocking with a view to use or placing
on the market of an infringing product, where these acts are performed by a person other than
the manufacturer of the infringing product, shall not render their author liable unless the acts
were performed with full knowledge of the facts.
Article 202:
The action for infringement may be brought by the owner of the patent, a patent of addition,
an integrated circuit lay-out design (topography) certificate, an industrial design registration
certificate or a trademark or service mark registration certificate.
However, the beneficiary of an exclusive right of use may, unless the licensing agreement
stipulates otherwise, bring an action for infringement if, after notice has been served by a
bailiff or registrar, the owner fails to bring such an action.
The owner may apply to be joined to infringe ment proceedings brought by the beneficiary
under the preceding paragraph.
Any licensee may apply to be joined to infrin gement proceedings brought by the owner, in
order to obtain compensation for the damage he has suffered.
Article 203:
When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the allegedly
infringing acts or make their continuation subj ect to the provision of security intended to
ensure the indemnification of the title holder or the licensee.
An application for prohibition or the provision of security shall only be accepted if the action
on the merits appears to be serious and is brought within a maximum of 30 days of the owner
becoming aware of the facts on which it is based.
The judge may make the prohibition subject to the provision by the applicant of security
intended to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded.
Article 204:
The court of the place of effective or elective domicile of the defendant, that of the place in
which his agent is established or that of the place in which the agency responsible for
industrial property matters is established, if the defendant resides abroad, shall have
jurisdiction.IP/C/W/265/Add.4
Page 30
Article 205:
The public right of action may be exercised only upon the lodging of a complaint by the
injured party, except in the event of a violation of the provisions of Articles 24(a), 113 and
135(a) and (b) above for which the Public Prosecutor’s Office is competent.
The correctional court may not hear and determine the case until the court called upon to
establish the reality of the damage has delivered a final judgement.  Objections by the
defendant based on the nullity of the industrial property title document and questions relating
to the ownership of the document of title may not be raised before the correctional court.
Civil and criminal proceedings under this Title shall be time-barred three years after the acts
which gave rise to them.
The commencement of civil proceedings sha ll suspend the limitation period in criminal
proceedings.
Article 206:
At the request of the Public Prosecutor’s Office or any other interested party, by virtue of an
interim order of the president of the court, any product unlawfully bearing a trademark,
service mark or trade name shall be seized on importation, as shall any product bearing falseindications concerning its origin or the identity of the producer, manufacturer or trader.
Article 207:
Acts that precede the recording of the grant of patents for invention, patents of addition or
layout-designs (topographies) of integrated circuits or the registration of industrial designs or
the registration of trademarks or service mark s in the registers maintained by the agency
responsible for industrial property matters shall not give grounds for proceedings under this
Law.
Where the acts were performed after the aforesaid recording or registration, those who
performed them may plead their good faith, if they can produce evidence in support.
Article 208:
Persons found guilty under the provisions of this Title  may be deprived, for a maximum
period of five years, of the right to belong to a professional association.
Article 209:
The court shall order the publication of judgements delivered under this Title once they have
become final.
Chapter II: Patents for invention: Section 1: Civil proceedings
Article 210:
The beneficiary of a compulsory licence, as mentioned in Articles 60 and 66 above, may
bring an action for infringement if, after due notice, the patent owner does not bring such an
action.IP/C/W/265/Add.4
Page 31
The beneficiary of an ex officio licence, as mentioned in Articles 69, 74 and 75 above, may
bring an action for infringement if, after due notice, the owner does not bring such an action.
Article 211:
The holder of an application for a patent or an application for a patent of addition to a main
patent may adduce any kind of evidence in order to prove the infringement of which he
claims to be the victim.
Moreover, if so ordered by the president of the court having jurisdiction in the place where
the infringement is alleged to have taken place, he may have a bailiff or court officer make a
detailed description of the allegedly infringing goods or processes, with or without seizure.The description may be made with the assistance of a qualified expert.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, nature and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 of this Law, and to the holder
of a compulsory or ex officio licence, subject to the condition laid down in Article  210
above.
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the order is executed, the detailed description, with or without seizure, shall be
ipso jure  null and void, without prejudice to possible damages.
Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Section II: Criminal proceedings
Article 213:
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for twoto six months and/or a fine of 50,000 to 500,000 dirhams.
For repeat offenders, the penalties may be doubled.There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous
five years.IP/C/W/265/Add.4
Page 32
The court may also order the destruction of objects found to be infringing owned by the
infringer, as well as implements or mean s specifically intended for committing the
infringement.
Article 214:
Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The same
shall apply to any aid knowingly given to the perpetrator of any of the above-mentioned
offences.
Article 215:
The penalties provided for in Articles 213 and 214 above shall be increased to imprisonment
for six months to two years and/or a fine of 100,000 to 500,000 dirhams only if the infringer
is an employee who has worked in the workshops or the establishment of the patentee.
An employee who has entered into association with the infringer after informing him of the
processes described in the patent shall be liable to the same penalties.
The employee may be prosecuted under the provisions of Article 447 of the Criminal Code.
Article 216:
Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications sold
or distributed, offered for sale or displayed in public places or at public meetings, or in bills orposters exposed to public view have given any information, indication or description
whatsoever concerning patents or patents of addition relating to a main patent or integrated
circuit lay-out designs (topographies) for which an application has been filed by them or by
others but which have not yet been granted, shall be liable to a fine of 50,000 to 500,000
dirhams.
In addition to the fine, repeat offenders shall be liable to imprisonment for three months to
two years.
Article 217:
Without prejudice, where appropriate, to the more serious penalties for breaches of national
security, anyone knowingly infringing one of the prohibitions specified in Article 42 above
shall be liable to a fine of 100,000 to 500,000 dirhams.  If national defence has been impaired,
a penalty of imprisonment for one to five years may also be imposed.
Chapter III: Layout-designs (topographies) of integrated circuits
Article 218:
The provisions of Chapter II of this Title shall be applicable to civil and criminal proceedings
for infringement of layout-designs (topographies) of integrated circuits.IP/C/W/265/Add.4
Page 33
Chapter IV: Industrial designs. Section 1: Civil proceedings
Article 219:
The holder of an industrial design may adduce any kind of evidence of the infringement of
which he claims to have been the victim.
He shall also be entitled, if so ordered by the president of the court of the place of
infringement, to have a bailiff or court officer make a detailed description, with or without
seizure, of the allegedly infringing products.
The said description may be made with the assistance of a qualified expert.The execution of the order may be made conditional upon the lodging of a deposit by the
applicant.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, content and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 above.
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the above order is executed, the detailed description, with or without seizure,
shall be ipso jure  null and void, without prejudice to possible damages.
Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Section II: Criminal proceedings
Article 221:
Any deliberate infringement of the rights of the owner of an industrial design shall be
punishable by a fine of 25,000 to 250,000 dirhams.
This penalty shall be increased to a fine of 50,000 to 250,000 dirhams and imprisonment for
one to six months if the offender was in the employ of the injured party.
The latter penalties shall also be applicable if the defendant is a repeat offender, that is to say
has been irrevocably convicted of the identical offence within the previous five years.
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence.IP/C/W/265/Add.4
Page 34
Chapter V: Trademarks and service marks
Section 1: Civil proceedings
Article 222:
If so ordered by the president of the court, the owner of a registered mark or the beneficiary of
an exclusive right of exploitation may have a bailiff or court officer make a detailed
description, with or without the taking of samples, or seize the goods or services allegedly
marked, offered for sale, delivered or supplied to his detriment and in violation of his rights.
The said description may be made with the assistance of a qualified expert.
In the same order, the president of the court may authorize whatever steps may be necessary
to establish the origin, content and extent of the infringement.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded.
If the applicant fails to institute proceedings before the court within a maximum of 30 days
following the date on which the order is executed, the detailed description, or seizure, shall be
ipso jure  null and void, without prejudice to possible damages.
Article 223:
Where it is a question of establishing whether a product or service has been substituted for
that requested under a registered mark, the court officer shall not be required to produce the
order provided for in Article 222 above until after delivery of the product or provision of the
service other than that said to have been requ ested or, if the order authorizes several findings
of substitution, after the last delivery of the product or the last provision of the service.
Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or meansspecifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Section II: Criminal proceedings
Article 225:
The following shall be deemed to be infrin gers and liable to imprisonment for two to
six months and/or a fine of 50,000 to 500,000 dirhams:
(1) Those who have counterfeited a registered mark or fraudulently affixed a mark
belonging to others;IP/C/W/265/Add.4
Page 35
(2) those who have made use of a mark withou t the authorization of the interested party
even if accompanied by words such as "formula", "style", "system", "recipe",
"imitation", "kind", or any other similar indication liable to mislead the buyer;
(3) those who, without lawful cause, have stocked products which they knew to bear a
counterfeit or fraudulently affixed mark and have knowingly sold, put on sale,
supplied or offered to supply goods or services under such a mark;
(4) those who have knowingly delivered a produ ct or provided a service other than that
requested of them under a registered mark.
Article 226:
The following only shall be liable to a penalty of imprisonment for one to six months and/or a
fine of 25,000 to 250,000 dirhams:
(1) Those who, without counterfeiting a registered mark, have made a fraudulent
imitation thereof likely to mislead the buyer or have made use of a fraudulently
imitated mark;
(2) those who have made use of a registered mark bearing indications likely to mislead
the buyer as to the nature, material properties, composition or active-principle
content, type or origin of the object or product described;
(3) those who, without lawful cause, have stocked products which they knew to bear a
fraudulently imitated mark or have knowingly sold, put on sale or offered to supplyproducts or services under such a mark.
Article 227:
Imprisonment for one to three months and/or a fine of 50,000 to 500,000 dirhams may be
imposed only on those who have had incorporated in their trademarks or service marks
prohibited signs mentioned in Article 135(a) a bove without the authorization of the competent
authorities and those who have introduced into Morocco, stocked, put on sale or sold natural
or manufactured products bearing the said signs as a mark.
Article 228:
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifical ly intended for committing the offence.
Article 229:
The penalties laid down in Articles 225 to 228 above shall be applicable to collective marks,
as well as to collective certification marks.
Chapter VI: Trade names
Article 230:
Any infringement or fraudulent use of a trade name, whether or not it forms part of a
trademark or service mark, shall be subject to the penalties laid down in Article 225 above.IP/C/W/265/Add.4
Page 36
Article 231:
The unlawful acts specified in Article 182 above shall be subject to the penalties laid down in
Article 226 above, without prejudice to th e penalties laid down in special laws.
Chapter VIII: Industrial awards
Article 232:
The following shall be liable to imprisonment for two to six months and/or a fine of 50,000 to
500,000 dirhams:
(1) Those who, without entitlement and fraudulently, have conferred upon themselves
industrial awards mentioned in Article 189 above or have conferred upon themselves
fictitious awards by reproduction on their products, signs, advertisements,
prospectuses, letterheads, business documents or packaging, or in any other manner;
(2) those who, under the same conditions, have used them for purposes other than those
for which they were obtained;
(3) those who have made industrial or commercial use of awards other than those
mentioned in Article 189 above.
Article 233:
Those who, having benefited from an industri al award, have made industrial or commercial
use thereof without complying with the provisions of Articles 189, 190 and 198 of Law
No. 17-97 concerning Protection of Industrial Property.
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Under the Moroccan administration of justice, any judgement delivered by the domestic
courts may be appealed.
Several pieces of legislation contain provisions to this effect.  Thus, Article 24 of the Code of
Civil Procedure reads as follows:
"In the absence of statutory provisions to the contrary, the courts of appeal shall hear appeals
against judgements of the courts of first instance, as well as against orders issued by their
presidents."
In this connection, Article 134 of the Code of Civil Procedure stipulates that:"There shall be a right of appeal in all cases not formally excluded by the law.Appeals against judgements of the courts of firs t instance shall be lodged within thirty days.
This period shall run from personal service or service at the effective or elected domicile orservice at the hearing, where the law so provides.
The period shall run in respect of the person on whose application the judgement was served
from the date of service. Service, even without reservation, shall not preclude acceptance ofIP/C/W/265/Add.4
Page 37
the judgement and waiver of the right of appeal .  The period of appeal and an appeal lodged
within the legal time-limit shall be suspensory, unless an order annulling the suspensive effect
of the appeal is made under Article 147."
On the same subject, Article 18 of Law 53-95 Establishing Commercial Courts stipulates that:"Appeals against judgements of the commercial courts shall be lodged within fifteen days of
the date of notification of the judgement, in accordance with the provisions of Articles 134 to
141 of the Code of Civil Procedure, subject to the provisions of the second paragraph of
Article 8 of this Law.
The application for appeal shall be filed with the registry of the commercial court.The registry shall transmit the application, together with the accompanying documents, to the
registry of the competent commercial court of appeal within a maximum of fifteen (15) days
of the application filing date."
The Moroccan system of administration of justice also allows appeals against administrative
decisions upon application lodged with the administrative courts under the provisions of Dahir
No. 1-91-225 of 10 September 1993 promulgating Law No. 41-90 Establishing Administrative
Courts.
Thus, the first paragraph of Article 8 of Law No. 41-90 reads:
"Subject to the provisions of Articles 9 and 11 of this Law, the administrative courts shall
have jurisdiction to hear, in the first instan ce, applications to set aside administrative
decisions for misuse of authority, cases relating to administrative contracts and actions forcompensation for damage caused by the acts or activities of public-law corporations,
excluding, however, that caused  on the public highway by a vehicle belonging to a public-
law corporation."
Likewise, the third paragraph of the same article stipulates that:"They shall also be competent to assess the legality of administrative acts under the
conditions laid down by Article 44 of this Law."
In addition, Articles 20 to 25 of Law No. 41-90 read as follows:"Article 20:
An administrative decision may be vitiated by misuse of authority either because of the lack
of jurisdiction of the authority that took it or because of formal defect, abuse of power,
inadequate grounds or violation of the law.  Anyone adversely affected by such a decision
may challenge it before the competent administrative court.
Article 21:
An application to set aside for misuse of authority must be accompanied by a copy of the
administrative decision challenged.  If there has been a previous administrative appeal, theapplication must also be accompanied by a copy of the decision dismissing that appeal or, in
the event of implicit dismissal, a document showing that an appeal was filed.IP/C/W/265/Add.4
Page 38
Article 22:
The application to set aside for misuse of authority shall be exempt from payment of court
tax.
Article 23:
Appeals to set aside administrative decision s for misuse of authority must be introduced
within 60 days of publication of the decision challenged or its notification to the interested
party.
However, before the expiration of the period mentioned in the preceding paragraph, interested
parties may apply to the same administrative authority to reconsider its decision or appeal to a
higher administrative authority.  In this case an appeal to the administrative court may validly
be introduced within sixty days of notificati on of the express decision dismissing, in whole or
in part, the prior administrative appeal.
Failure of the administration to reply to an appeal for reconsideration or an appeal to a higher
administrative authority shall be treated as a refusal. If the administrative authority is a
deliberative body, the period of 60 days shall be extended, where necessary, to the end of the
first legal session following the filing of the appeal.
Where the regulations in force provide for a special administrative appeal procedure, an
appeal to set aside shall be admissible only on the expiration of that procedure and subject to
the same time-limits as above.
Failure of the administration to reply to an application within a period of 60 days shall be
treated, in the absence of a statutory provision to the contrary, as a refusal.  The interested
party may then introduce an appeal before the administrative court within 60 days of the
expiration of the 60-day period specified above.
An appeal to set aside an administrative decision shall not be admissible when the interested
parties may bring an ordinary administrative-law action to assert their rights.
Article 24:
Exceptionally, at the express request of the applicant, the administrative court may order the
stay of execution of administrative decisions against which an appeal to set aside for misuse
of authority has been introduced.
Article 25:
The act of bringing the case before a court without jurisdiction, even if it be the Supreme
Court, shall interrupt the period of admissibility of an appeal to set aside for misuse ofauthority, which shall not start running again until the applicant is notified of the decision that
definitively establishes the competent court."
Proceedings before the administrative courts are initiated on application in writing signed by
an attorney on the roll of one of the Moroccan  bar associations (Article 3 of Law No. 41-90),
in accordance with the procedure laid down in the Code of Civil Procedure, as specified in
Article 7 of the aforementioned Law.IP/C/W/265/Add.4
Page 39
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Same as reply to question 38 above.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Law 17-97 provides as follows:
"Article 203:
When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the allegedly
infringing acts or make their continuation subj ect to the provision of security intended to
ensure the indemnification of the title holder or the licensee.
An application for prohibition or the provision of security shall only be accepted if the action
on the merits appears to be serious and is brought within a maximum of 30 days of the owner
becoming aware of the facts on which it is based.
The judge may make the prohibition subject to the provision by the applicant of security
intended to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded.
Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entryIP/C/W/265/Add.4
Page 40
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
The judicial authority may order a party to the proceedings whose acts have been recognized
as infringing protected industrial property rights to pay the opposing party damages in compensation
for the injury suffered.  In this respect, paragraphs 1 and 2 of Article 203 of Law 17-97 provide that:
"When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the allegedly
infringing acts or make their continuation subj ect to the provision of security intended to
ensure the indemnification of the title holder or the licensee.
An application for prohibition or the provision of security shall only be accepted if the action
on the merits appears to be serious and is brought within a maximum of thirty days of the
owner becoming aware of the facts on which it is based."
Moreover, Articles 212, 220 and 224 of that Law read as follows:
"Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favourof the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.IP/C/W/265/Add.4
Page 41
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
The damages awarded will also cover the losses suffered by the injured party.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Same as reply to question 50 above.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.
Law 17-97 contains the following provisions:
Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or meansspecifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 213:
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for two
to six months and/or a fine of 50,000 to 500,000 dirhams.
For repeat offenders, the penalties may be doubled.There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous five
years.
The court may also order the destruction of objects found to be infringing owned by the
infringer, as well as implements or mean s specifically intended for committing the
infringement."
"Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or meansspecifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.IP/C/W/265/Add.4
Page 42
Article 221:
Any deliberate infringement of the rights of the owner of an industrial design shall be
punishable by a fine of 25,000 to 250,000 dirhams.
This penalty shall be increased to a fine of 50,000 to 250,000 dirhams and imprisonment for
one to six months if the offender was in the employ of the injured party.
The latter penalties shall also be applicable if the defendant is a repeat offender, that is to say
has been irrevocably convicted of the identical offence within the previous five years.
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence."
"Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
"Article 228:
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence."
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Articles 203, 211, 219 and 22 of Law 17-97 provide as follows:
"Article 203, third paragraph:
The judge may make the prohibition subject to the provision by the applicant of security
intended to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded."
"Article 211:
The holder of an application for a patent or an application for a patent of addition to a main
patent may adduce any kind of evidence in order to prove the infringement of which he
claims to be the victim.
Moreover, if so ordered by the president of the court having jurisdiction in the place where
the infringement is alleged to have taken place, he may have a bailiff or court officer make a
detailed description of the allegedly infringing goods or processes, with or without seizure.
The description may be made with the assistance of a qualified expert.IP/C/W/265/Add.4
Page 43
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, nature and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 of this Law, and to the holder
of a compulsory or ex officio licence, subject to the condition laid down in Article  210
above.
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the order is executed, the detailed description, with or without seizure, shall beipso jure  null and void, without prejudice to possible damages."
"Article 219:
The holder of an industrial design may adduce any kind of evidence of the infringement of
which he claims to have been the victim.
He shall also be entitled, if so ordered by the president of the court of the place of
infringement, to have a bailiff or court officer make a detailed description, with or without
seizure, of the allegedly infringing products.
The said description may be made with the assistance of a qualified expert.The execution of the order may be made conditional upon the lodging of a deposit by the
applicant.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, content and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 above.
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the above order is executed, the detailed description, with or without seizure,
shall be ipso jure  null and void, without prejudice to possible damages."
"Article 222:
If so ordered by the president of the court, the owner of a registered mark or the beneficiary of
an exclusive right of exploitation may have a bailiff or court officer either make a detailed
description, with or without the taking of samples, or seize the goods or services allegedlymarked, offered for sale, delivered or supplied to his detriment and in violation of his rights.
The said description may be made with the assistance of a qualified expert.In the same order, the president of the court may authorize whatever steps may be necessary
to establish the origin, content and extent of the infringement.IP/C/W/265/Add.4
Page 44
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded.
If the applicant fails to institute proceedings before the court within a maximum of 30 days
following the date on which the order is executed, the detailed description, or seizure, shall be
ipso jure  null and void, without prejudice to possible damages."
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.
The provisional measures which the judicial authorities may order, upon application, under
the provisions of Law 17-97 are as follows:
- When an infringement case is brought before the court, its president may issue an
interim order prohibiting, provisionally and on pain of a fine, the continuation of the
allegedly infringing acts.  This interim prohibition order, which is issued, upon
application, by the president of the court, may make the prohibition subject to theprovision by the applicant of security intended to ensure the indemnification of any
damage suffered by the defendant if the action for infringement is subsequently
deemed to be unfounded;
- seizure on importation, at the request of the Public Prosecutor's Office or any other
interested party, by virtue of an interim order of the president of the court, of any
product unlawfully bearing a trademark, service mark or trade name and, likewise,
any product bearing false indications concerning its origin or the identity of the
producer, manufacturer or trader;
- attachment of a document of title to industrial property by the creditors of the title
holder in question, under an interim order of the president of the court.  However, the
execution creditor must, on pain of the attachment being declared void and within
15 days of the date of the attachment order, bring an action before the court to
establish the validity of the attachment and procure the sale of the title attached.
- with respect to patents and industrial designs, a detailed description, with or without
seizure, of the allegedly infringing products or processes, at the order of the president
of the court of the place of infringement, made by a bailiff or court officer.  The
description may be made with the assistance of a qualified expert.
The execution of the order may be made subject to the lodging of a deposit by the applicant.In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, content and extent of the
infringement.  However, if the applicant fails to institute proceedings before the court within 30 days
following the date on which the order is executed, the detailed description, with or without seizure,shall be  ipso jure  null and void, without prejudice to possible damages.
Where marks are concerned, if so ordered by the president of the court, the owner of a
registered mark or the beneficiary of an exclusive right of exploitation may have a bailiff or court
officer make a detailed description, with or without the taking of samples, or seize the goods orservices allegedly marked, offered for sale, delivered or supplied to his detriment and in violation of
his rights.
This description may be made with the assistance of a qualified expert.IP/C/W/265/Add.4
Page 45
In the same order, the president of the court may authorize whatever steps may be necessary
to establish the origin, content and extent of the infringement.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant to ensure the indemnification of any damage suffered by the defendant if the action for
infringement is subsequently deemed to be unfounded.
However, if the applicant fails to institute proceedings before the court within a maximum of
30 days following the date on which the order is executed, the detailed description, or seizure, shall be
ipso jure  null and void, without prejudice to possible damages.
Where it is a question of establishing whether a product or service has been substituted for
that requested under a registered mark, the court officer shall not be required to produce the above-
mentioned order until after delivery of the product or provision of the service other than that said to
have been requested or, if the order authorizes several findings of substitution, after the last delivery
of the product or the last provision of the service.
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
Law 17-97 includes the following provisions:
(1) Article 206 provides as follows:
"At the request of the Public Prosecutor’s Office or any other interested party, by
virtue of an interim order of the president of the court, any product unlawfully
bearing a trademark, service mark or trade name shall be seized on importation, as
shall any product bearing false indications concerning its origin or the identity of the
producer, manufacturer or trader."
(2) Articles 53(a) and (c) and 99(b) prohibit:
- Importing or stocking with a view to making, offering, introducing into commerce or
using the product forming the subject-matter of the patent or the product obtained
directly by the process forming the subject-matter of the patent;
- importing, selling or otherwise distributing for commercial purposes a protected
layout-design (topography), an integrated circuit in which a protected layout-design
(topography) is incorporated, or an article incorporating such an integrated circuit
only insofar as it continues to contain an unlawfully reproduced layout-design;
without the consent of the holder of the protected industrial property rights,while Article 214 provides that:"Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The sameshall apply to any aid knowingly given to the perpetrator of any of the above-mentioned
offences."IP/C/W/265/Add.4
Page 46
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Under Article 214 of Law 17-97:
"Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The same
shall apply to any aid knowingly given to the perpetrator of any of the above-mentioned
offences."
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Law 17-97 provides as follows:
"Article 15:
Only the commercial courts shall have jurisdiction to hear disputes arising out of the
application of this Law, with the exception of the administrative decisions for which it
provides."
"Article 213:
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for two
to six months and/or a fine of 50,000 to 500,000 dirhams.
For repeat offenders, the penalties may be doubled.
There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous
five years.
The court may also order the destruction of objects found to be infringing owned by the
infringer, as well as implements or mean s specifically intended for committing the
infringement."
58. Please indicate whether or not your legislation provides for a de minimis imports
exception.
[No reply received]
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
[No reply received]
__________