RESTRICTEDWORLD TRADE
ORGANIZATIONIP/C/W/265/Add.3
30 August 2001
(01-4174)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
Replies by Morocco to the Questions Posed by the United States
Addendum
By means of a communication from the Perm anent Mission of Morocco, dated 16 June 2001,
the Secretariat has received the following replies to  the questions posed by the United States,  which
were circulated in document IP/C/W/268.
–––––––––––––––
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant variety protection, the manner in which national treatment and
most-favoured-nation treatment are provid ed to nationals of other WTO Members.
Copyright and related rights
Foreign works are protected under the copyright law.  Article 60 of the Law stipulates that
"the protection and exploitation of related rights is entrusted to the authors' organization".  The
organization in question is the Moroccan Copyright Office (BMDA) created by a Decree issued on
8 March 1965, Article 3 of which stipulates that the BMDA shall "handle, throughout the territory of
the Kingdom of Morocco, the interests of the various  foreign authors' societies in the framework of
the conventions or agreements concluded with them".
Obviously, this is done in conformity with the provisions of the international conventions to
which Morocco is a party, and one of whose basic principles is national treatment of foreign authors.
They comprise, essentially:
• The Berne Convention, to which Morocco acceded on 16 June 1917, ratifying its
latest revision (the Paris Act of 24 July 1971) on 17 February 1987;
• The Universal Copyright Convention, to which Morocco acceded on
8 February 1972, ratifying its latest revision (Paris Act of 24 July 1971) on28 October 1975;
• The TRIPS Agreement, concluded on 15 April 1994 and signed by Morocco on that
date.IP/C/W/265/Add.3
Page 2
It should be stressed that the true scope of all references to works and authors in the Law must
be interpreted in the broadest sense possible and without distinction as to the nationality, race or
religion of the author.
Industrial property
The principles of national treatment and most-favoured-nation treatment are laid down in
Article 3 of Law 17-97 on the Protection of Industrial Property.
According to Article 3, “Nationals of each of the countries forming part of the International
Union for the Protection of Industrial Property shall enjoy protection of the industrial property rights
for which this Law provides, subject to fulfilment of the conditions and formalities laid down therein.The same protection shall be accorded to nationals of countries parties to any other industrial property
treaty to which Morocco is party whose provisions prescribe treatment for its nationals no less
favourable than that enjoyed by nationals of the aforesaid countries.”
Moreover, under the provisions of Law 9/94 on the Protection of New Varieties of Plants, the
persons eligible for protection are Moroccan natural or legal persons and natural or legal persons
belonging to countries that accord Moroccans protection at least equivalent to that provided by the
Moroccan legislation, in conformity with the principle of reciprocity.
B. COPYRIGHT AND RELATED RIGHTS
2. Please explain how the copyright law of Morocco  protects computer programs as
literary works and compilations of data as required by Article 10 of the TRIPS Agreement.
Every author benefits from the rights in his literary or artistic work for which the copyright
law provides.  The protection resulting from these rights begins directly with the creation of the workitself even if it has not been fixed in material form (Article 2).
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 (Article 29).
However, it should be pointed out that Article 68 on the applicability of international
conventions stipulates that “the provisions of an international treaty concerning copyright and relatedrights 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.
3. Article 11 of the TRIPS Agreement requires that rental rights for computer programs
and cinematographic works be available.  Please  cite to the corresponding provision of the
copyright law of Morocco.
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 computerprogram, 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)).IP/C/W/265/Add.3
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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).
4. Please describe the protection the copyright law of Morocco provides for performers,
and the term of the protection.
The Law guarantees performers authorization rights and moral rights in their performance.
A performer has the exclusive right to effect or authorize the broadcasting of his performance,
the communication of his performance or unfixed performance to the public, the reproduction of a
fixation of his performance, the first distribution to the public of a fixation of his performance by saleor any other transfer of ownership, the rental or lending of his performance to the public, and the
making available to the public by wire or wireless means of his performance fixed on a phonogram
(Article 50, first paragraph).
The term of protection for performances is fifty years from the end of the year of fixation for
performances fixed on phonograms and from the end of the year in which the performance took place
for performances not fixed on phonograms (Article 57).
Independently of his economic rights and even after the transfer of those rights, the performer
retains the right to claim to be identified as such, except where omission is dictated by the manner ofthe use of the performance, and to object to any distortion, mutilation or other modification of his
performances that would be prejudicial to his reputation (Article 50, last paragraph).
The moral rights of the performer are perpetual: they are imprescriptible, inalienable and
transferable to the successors in title on the performer’s death (Article 25, paragraph 2).
5. Article 14.2 of the TRIPS Agreement provides that producers of phonograms are to
enjoy the right to authorize or prohibit the direct or indirect reproduction of their phonograms.
Article 14.2 requires that producers of phonograms are to have the right to authorize or
prohibit the commercial rental to the public of originals or copies of their phonograms.  Please
describe how the copyright law of Morocco impl ements these obligations and indicate the term
of protection.
Producers of phonograms have the exclusive right to effect or authorize the direct or indirect
reproduction of their phonograms, the importation, making available to the public, rental to the public
and lending to the public of copies of their phonograms and the making of their phonograms available
to the public by wire or wireless means, in such a way that members of the public may access themfrom a place and at the time individually chosen by them (Article 51).
The term of protection for phonograms is fifty years from the end of the year in which the
phonogram was published or, failing such publication within fifty years of the fixation of the
phonogram, fifty years from the end of the year of fixation (Article 58).
The provisions of the Law relating to the protection of producers of phonograms apply to the
phonograms where the producer is a national of the Kingdom of Morocco or the first fixation of the
sounds was made in the Kingdom of Morocco, and where the phonogram was produced for the first
time in the Kingdom of Morocco (Article 67, paragraph 2).
C. TRADEMARKS
6. Please describe the subject matter that can comprise a trademark under the trademark
law of Morocco.IP/C/W/265/Add.3
Page 4
Article 1 of Law 17-97 on the Protection of Industrial Property cites trademarks among the
industrial property elements that fall within the scope of its protection.
Thus, Article 133 of the Law defines a trademark or service mark as a sign capable of graphic
representation used to distinguish the goods or services of a natural or legal person.
Similarly, the second paragraph of this article provides that the following, in particular, may
constitute such a sign:
(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.
Moreover, Article 134 states that the distinctiveness of a sign capable of constituting a
trademark must be assessed in relation to the goods or services designated.
In this connection, the second paragraph adds that 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, geographicalorigin 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.
With regard to signs that cannot be adopted as a trademark, Article 135 of Law 17-97
stipulates that 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 orthose that are already the subject of international agreements in force intended to
ensure 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;
(b) it is contrary to public order or morals or its use is prohibited by law;(c) it 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.
Similarly, according to Article 137, a sign that infringes prior rights may not be adopted as a
mark, in particular where it infringes:IP/C/W/265/Add.3
Page 5
(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 in his family name, pseudonym or
image;
(h) the name, image or reputation of a territorial authority.Moreover, Article 138 of Law 17-97 specifies that 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 thatmark.
Article 139 stipulates that a mark may be collective or individual.  A trademark or service
mark is optional, subject to legal provisions to the contrary.
Articles 166 to 175 of Law 17-97 deal with collective marks and collective certification
marks:
“Article 166:
A collective mark is one which can be exploited by anyone who observes the regulations for
use established by the holder  of the registration.  A collective certification mark is applied toa product or service which displays, in respect of its nature, properties or qualities, the
characteristics specified in the corresponding regulations.
Article 167:
The provisions of Chapters II, III and IV of this Title shall be applicable to collective marks
and collective certification marks, subject to the special provisions set out below.
Article 168:
Collective marks and collective certification marks whose regulations for use are contrary to
morality or public order shall not benefit from the protection afforded by this Chapter.
Article 169:
The mark must be designated in the registration application mentioned in Article 144.2(a)
above as a collective mark or collective certification mark.
The collective mark or collective certification mark registration file must also include a copy
of the regulations governing the use of the collective mark or collective certification mark,IP/C/W/265/Add.3
Page 6
duly certified by the applicant.
This copy must be produced either on the filing date itself or, where applicable, under the
conditions and within the time-limit specified in Article 144 above.
The proprietor of the collective mark or collective certification mark may, at any time, inform
the agency responsible for industrial property matters, in writing, of any change made in the
regulations governing the mark. These changes will be noted in the national trademark
register.
Article 170:
The regulations mentioned in the first paragraph of Article 166 above must specify the
common characteristics or qualities of the products or services to be designated by the mark
and the conditions in which the mark may be used, together with the persons authorized to use
it.
Article 171:
A collective certification mark can only be filed by a legal person who is neither a
manufacturer nor an importer nor a seller of products or services.
Article 172:
A collective certification mark may be used by anyone, other than the owner, who supplies
products or services that meet the requirements imposed by the regulations.
Article 173:
A collective certification mark may not be assigned or pledged or be the subject of any
enforcement measure.  However, the competen t administration may authorize the transfer of
the registration of a collective certification mark if the beneficiary of the transfer assumes
effective control of the use of the mark.  The transfer must be recorded in the national
trademark register.
Article 174:
When a collective certification mark has been used and is no longer protected by the Law, it
may not be filed or used, for any reason, before a period of ten years has elapsed.
Article 175:
The registration of a collective certification mark may be cancelled on application by the
Public Prosecutor’s Office, or at the request of an interested party, where the mark fails tomeet one of the requirements of this Chapter.  The cancellation decision shall have
unconditional effect.”
7. Please describe the procedure that must be followed to register a trademark in Morocco,
citing the relevant provisions of the law, and de scribe the rights that the owner of a registered
mark can exercise.
Articles 140 to 150 of Law 17-97 deal with the procedure for registering trademarks and read
as follows:IP/C/W/265/Add.3
Page 7
“Article 140:
Ownership of a mark is acquired by registration.  A mark may be acquired in co-ownership.
Article 141:
The provisions of Articles 77 to 80 above shall be applicable to trademarks and service
marks.
Article 142:
If registration has been requested either in fraud of the rights of a third party or in breach of a
legal or contractual obligation, the person who considers himself to have a right in the mark
may bring an action to establish title. Unless the applicant has acted in bad faith, the action to
establish title shall be time-barred three years from the date of registration of the mark in the
national trademark register mentioned in Article 157.1 below.
Article 143:
Only marks duly filed and registered by the agency responsible for industrial property matters
shall benefit from the protection accorded by this Law, as from the filing date.
The registration of a mark shall give rise to the establishment of a document of title to
industrial property called a “trademark or service mark registration certificate”, filed and
registered in the form and under the conditions prescribed in Section II of this Chapter.
Article 144:
Anyone wishing to obtain a mark registration certificate must lodge with the agency
responsible for industrial property matters a trademark or service mark registration file in
accordance with the conditions laid down in this Section.  The file may be lodged by the
applicant or his agent.
At the time it is lodged, the registration file must include:(a) A mark registration application, whose contents shall be established by regulation,
listing, clearly and in full, the products or services for which registration is requested,
in accordance with the Nice Agreement concerning the international classification of
goods and services for the purposes of the registration of marks;
(b) four reproductions of the design of the mark, in black and white;(c) four reproductions of the design of the mark in colour, if colour is claimed;
(d) the film enabling the mark to be reproduced;
(e) evidence of payment of the fees due.A registration file that does not include items (a), (b), (c), (d) and (e) above shall be
inadmissible on filing.
The formalities to be fulfilled and the items to be attached to the documents mentioned at (a),
(b), (c), (d) and (e) above shall be established by regulation.IP/C/W/265/Add.3
Page 8
Where the registration includes the items mentione d at (a), (b), (c), (d) and (e) above, the
registration application specified at (a) above shall be entered, in chronological order of filing,
in the national trademark register mentioned in Article 157.1 below, together with a filing
date and number.
Article 145:
Where, on the filing date, the mark registration file does not include one or more of the items
to be attached to the documents mentioned at (a), (b), (c), (d) and (e) above, the list of which
is to be established by regulation under the fourth paragraph of Article 144 above, the
applicant or his agent shall have three months from the filing date within which to regularize
his file.  A file that has been regularized within the period allowed shall retain the initial filingdate.  The period of three months shall be measured in clear days.  If the last day is a public
holiday or non-working day, the period shall be extended to the next working day.
Article 146:
A receipt recording the date of delivery of the items mentioned in the second and fourth
paragraphs of Article 144 above shall be issued to the applicant or his agent immediately after
the application is filed.
Article 147:
Within three months from the filing date, the applicant or his agent may, upon reasoned
application, request the rectification of clerical or factual errors in the documents filed, with
the exception of the design of the mark filed and the classifications indicated in the
registration application, which may not be amended.  Once the above-mentioned period hasexpired, no further rectifications may be made.
The request for rectification mentioned in the first paragraph of this article shall be submitted
in writing and shall indicate the purpose of the proposed rectifications.
Article 148:
Any registration application that:(1) Does not satisfy the requirements of subparagraphs (a) and (b) of Article 135 above;(2) has not been regularized within the period of three months stipulated in Article 145
above
shall be rejected.No registration application may be rejected without reasons being given and the applicant or
his agent must be notified of the rejection by registered letter with acknowledgement of
receipt.  The rejection shall be noted in the na tional trademark register mentioned in the first
paragraph of Article 157 below.
Article 149:
Where the registration application is not rejected under Article 148 above, the mark shall be
registered by the agency responsible for industrial property matters without preliminary
consideration of the merits.IP/C/W/265/Add.3
Page 9
The date of registration shall be the filing date.
The filing of the mark shall be registered in the national trademark register mentioned in the
first paragraph of Article 157 below.
Article 150:
Subsequent to registration as specified in Article 149 above, a report recording the filing of
the mark and mentioning the filing date and the attached items shall be drawn up by the
agency responsible for industrial property matters, together with a registration certificate
accompanied by the design of the registered mark.  The report and registration certificate shall
be delivered or notified to the applicant or his agent.”
With respect to the rights conferred on the owner of a registered mark, Articles 152 to 156,
159 and 160 of Law 17-97 provide 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 laid
down 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.
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.
If the sign is modified or the list of goods or services specified is extended, a new application
must be filed.
Article 153:
The registration of a mark shall confer on its holder a right of ownership in that mark for the
goods or services specified.
Article 154:
Except when authorized by the owner, no one may:(a) Reproduce, use or affix a mark, even with the addition of words such as “formula,
style, system, imitation, kind or method”, or use a mark reproduced, for goods orservices identical to those covered by the registration;
(b) remove or modify a mark duly affixed.IP/C/W/265/Add.3
Page 10
Article 155:
Except when authorized by the author, no one may:
(a) Reproduce, use or affix a mark, or use a mark reproduced, for goods or services
similar to those covered by the registration;
(b) imitate a mark or use an imitated mark, for products or services identical or similar to
those covered by the registration.
Article 156:
The rights attached to a registered mark shall be transferable, in whole or in part.They may, in whole or in part, form the subject of an exclusive or non-exclusive licence
granted for the use of the mark, as well as of a pledge.  The rights conferred by the
registration of a mark may be invoked against a licensee who breaches one of the conditionsof a licence imposed under the preceding paragraph.
Subject to the provisions of Article 142 above, a transfer of the rights mentioned in the first
paragraph of this article shall not impair the rights acquired by third parties before the transfer
date.
To be valid, acts constituting a transfer or licence, as provided for in the first two paragraphs
of this article, must be recorded in writing.
Article 159:
The attachment of a trademark or service mark shall be effected by interim order of the
president of the court and notified to the ow ner of the mark, the agency responsible for
industrial property matters and the holders of rights in the said mark.
The notification of attachment shall make any subsequent modification of the rights conferred
by the mark unenforceable against the execution creditors.
For the attachment to be valid, the execution creditor must, within fifteen 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 mark.
Article 160:
The owner of a registered mark may, at any time, by a declaration in writing, waive the
effects of that registration for all or some of the goods or services covered by the registration.
Where the mark is in co-ownership, the effects of registration may be waived only if all the
co-owners so request.
If licensee’s or pledgee’s rights in rem  have been recorded in the national trademark register,
the declaration of waiver shall only be admissible if accompanied by the consent of theholders of the registered rights.
The waiver shall be recorded in the national trademark register.”IP/C/W/265/Add.3
Page 11
8. Please provide the length and terms of  protection the trademark law of Morocco
provides for a trademark.
Articles 6 to 13 of Law 17-97 deal with the prio rity right enjoyed by nationals of the countries
of the International Union for the Protection of Industrial Property or their successors in title whenthey file in Morocco an application for a document of title to an industrial property right, in particular
a trademark or service mark.
With regard to the scope of the protection afforded by a mark, Law 17-97 is based on the
exclusive right enjoyed by the owner of a duly registered mark.
Moreover, Articles 153 to 156, 160 and 162 stipulate as follows:“Article 153:
The registration of a mark shall confer on its holder a right of ownership in that mark for the
goods or services specified.
Article 154:
Except when authorized by the owner, no one may:
(a) Reproduce, use or affix a mark, even with the addition of words such as “formula,
style, system, imitation, kind or method”, or use a mark reproduced, for goods or
services identical to those covered by the registration;
(b) remove or modify a mark duly affixed.Article 155:
Except when authorized by the author, no one may:(a) Reproduce, use or affix a mark, or use a mark reproduced, for goods or services
similar to those covered by the registration;
(b) imitate a mark or use an imitated mark, for products or services identical or similar to
those covered by the registration.
Article 156:
The rights attached to a registered mark shall be transferable, in whole or in part.They may, in whole or in part, form the subject of an exclusive or non-exclusive licence
granted for the use of the mark, as well as of a pledge.  The rights conferred by theregistration of a mark may be invoked against a licensee who breaches one of the conditions
of a licence imposed under the preceding paragraph.
Subject to the provisions of Article 142 above, a transfer of the rights mentioned in the first
paragraph of this article shall not impair the rights acquired by third parties before the transferdate.
To be valid, acts constituting a transfer or licence, as provided for in the first two paragraphs
of this article, must be recorded in writing.IP/C/W/265/Add.3
Page 12
Article 160:
The owner of a registered mark may, at any time, by a declaration in writing, waive the
effects of that registration for all or some of the goods or services covered by the registration.
Where the mark is in co-ownership, the effects of registration may be waived only if all the
co-owners so request.
If licensee’s or pledgee’s rights in rem  have been recorded in the national trademark register,
the declaration of waiver shall only be admissible if accompanied by the consent of the
holders of the registered rights.
The waiver shall be recorded in the national trademark register.
Article 162:
The owner of a mark that is well known within the meaning of Article 6 bis of the Paris
Convention for the Protection of Industrial Property may claim the cancellation of a mark
likely to create confusion with his own.  This action for cancellation shall be time-barred five
years from the date of registration of the mark, unless registration was applied for in bad
faith.”
Similarly, Law 17-97 confers on the owner of a registered mark effective protection against
any encroachment on the said mark and, in particular, acts of infringement.
According to Article 201 of this Law:
“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 thanthe manufacturer of the infringing product, shall not render their author liable unless the acts
were performed with full knowledge of the facts.”
Likewise, Articles 202 and 203 of the same Law stipulate as follows:
“Article 202:
An action for infringement may be brought by the owner of the patent, patent of addition,
integrated circuit layout-design (topography) certificate, industrial design registration
certificate or 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 damage suffered.IP/C/W/265/Add.3
Page 13
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 allegedlyinfringing 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.
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.”
Moreover, Article 206 states that:“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.”
With regard to the limits of the protection afforded by a mark, Articles 161, 163 and 164 of
Law 17-97 provide as follows:
“Article 161:
Any interested party, including the Public Prosecutor’s Office, may request the cancellation
of the registration of a mark effected in breach of the provisions of Articles 133 to 135 above.
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.
The cancellation decision shall have unconditional effect.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.
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 toIP/C/W/265/Add.3
Page 14
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 thepossibility 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
shall also be liable to forfeit his rights.”
9. Please explain whether trademarks are published either before or promptly after
registration in Morocco, as required by Article 15.5 of the TRIPS Agreement.
Trademarks are published in the national trademark register where the public may consult
them.
Moreover, registered marks are also published in an official catalogue which the Moroccan
Industrial and Commercial Property Office publishes under the provisions of Article 176 of the Law,
which stipulates that:
“The agency responsible for industrial property matters shall publish  an official catalogue of
all registered trademarks, service marks, collective marks and collective certification marks.
It shall include a reference to the acts mentioned in the first paragraph of Article 157 above.”
10. Please explain whether the trademark law of  Morocco provides an opportunity for the
registration of a trademark to be opposed.
The national system applicable in the field of industrial property is a registration system
involving only a formal examination, not consideration on the merits.
At the moment, Morocco has no system for opposing a trademark registration, but the
introduction of such a system is currently the subject of a feasibility study.
D. GEOGRAPHICAL INDICATIONS
11. Please describe in detail how the laws of Morocco provide for the recognition and
protection of geographical indications required by Article 22.2 of the TRIPS Agreement, citing
to the relevant provisions of law or regulation, and provide examples of geographical
indications so protected.IP/C/W/265/Add.3
Page 15
Law 17-97 mentions indications of source and appellations of origin among the elements that
fall within the scope of its protection.
Thus, Article 1 of the Law states that:
“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.”
Furthermore, Article 134(b) of the same Law stipulates that:
“The distinctiveness of a sign capable of cons tituting a mark shall be assessed in relation to
the goods or services designated.  The following shall lack distinctiveness:
(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, geographicalorigin or time of production of the product or provision of the service;
Similarly, according to Article 135(c):“A sign may not be adopted as a mark or element of a mark if:(c) 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.”
Moreover, Article 137(d) stipulates that:“A sign that infringes prior rights may not be adopted as a mark, in particular where it
infringes:
(d) A protected appellation of origin.”Articles 180 to 183 of Law 17-97 define indications of source and appellations of origin 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.
Article 182:
The following shall be unlawful:(a) The direct or indirect use of a false or misleading indication concerning the source of
a product or service or the identity of the producer, manufacturer or trader;IP/C/W/265/Add.3
Page 16
(b) the direct or indirect use of a false or misleading appellation of origin or the imitation
of an appellation  of origin, even where the true origin of the product is indicated or
the appellation is used in translation or accompanied by expressions such as “kind”,
“style”, “imitation” or the like.
Article 183:
Criminal proceedings intended as a deterrent to the commission of the unlawful acts referred
to in Article 182 may be instituted by the Office of the Public Prosecutor.  A claim for
damages may also be brought by any injured party, whether a natural or legal person,
association or trade union, and in particular by any producers, manufacturers or traders whomay properly use the indication or appellation of origin in question to identify their products
or services, or by associations acting on their behalf for that purpose, without prejudice to the
right of recourse to civil proceedings or the right to apply for provisional measures.”
With regard to the penalties applicable to the unlawful acts referred to in Article 182 of
Law 17-97, Article 231 of that Law provides that:
“The unlawful acts referred to in Article 182 above shall be subject to the criminal penalties
laid down in Article 226 above, without prejudice to any penalties established pursuant to
special legislation.”
Article 226 reads as follows:“The following 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-principlecontent, 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 supply
products or services under such a mark.”
In addition, as a deterrent to fraud, the protection of geographical indications is assured
through the application of the provisions of Article 4 of Law 13-83 of 5 October 1984, which
establishes that any deception with respect to the origin of goods constitutes criminal fraud.
Anyone committing this offence will be liable to the penalties laid down in Article 1 of the
Law including, inter alia , imprisonment for a term of six months to five years and/or a fine of
1,200 to 24,000 dirhams.
12. Please describe in detail the manner in which the higher level of protection required for
wines and spirits under Article 23.2 of the TRIPS Agreement is implemented, citing to the
relevant provisions of law or regulation, and provide examples of geographical indications for
such products.
With regard to wines, the appellation of origin regime is regulated by Ministry of AgricultureIP/C/W/265/Add.3
Page 17
Circular No. 869-75 of 15 August 1977 implementing Decree No. 2-75-321 of 12 August 1977 on the
verification, stocking, circulation and trading of wines.
The above-mentioned Circular of 15 August 1977 has recently been supplemented by other
circulars with a view to establishing a system of registered appellations of origin in Morocco(Circulars Nos. 1956-98 and 1957-98 of 8 October 1998).
Where spirits are concerned, in particular Scotch whisky, the Circular of 16 May 1916, as
amended and supplemented by the Decree of 4 October 1976, constitutes the regulatory framework
for these beverages, which are well defined and protected.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for textile
designs and cite to the relevant provisions of law or regulation.
Law 17-97 protects industrial designs irrespective of the nature of the design or the branch of
activity to which it relates, provided that the de sign complies with the prescribed conditions and
formalities.
Thus, Articles 6 to 13 of Law 17-97 deal with  the priority right enjoyed by nationals of the
countries of the International Union for the Protection of Industrial Property or their successors in title
when they file in Morocco for an industrial design.
With regard to the procedure to be followed to obtain protection for an industrial design,
Articles 106 to 120 of Law 17-97 provide as follows:
“Article 106:
The ownership of an industrial design shall belong to its creator or his successors in title;
however, until the contrary is proved, the first to file the industrial design shall be presumed
to be its creator, subject to the provisions of Article 107 below.
Article 107:
The provisions of Article 18 above shall be applicable to industrial designs.
Article 108:
If the same subject-matter may be regarded as both a patentable invention and a new
industrial design and if the elements that constitute the novelty of the industrial design are
inseparable from those of the invention, the said subject-matter may only be protected inaccordance with the provisions applicable to patents for invention.
Article 109:
If two or more persons have collectively created an industrial design, the right to obtain legal
protection shall belong collectively to those pers ons or their successors in title.  However,
anyone who has merely assisted with the creation of the industrial design, without making a
creative contribution, shall not deemed to be its creator or co-creator.
Article 110:
The provisions of Articles 77 to 80 above shall be applicable to industrial designs.IP/C/W/265/Add.3
Page 18
Article 111:
The provisions of Article 19 above shall be applicable to industrial designs.
Article 112:
Only industrial designs duly filed and registered by the agency responsible for industrial
property matters shall benefit from the protection accorded by this Law as from the filing
date.
The registration of an industrial design shall give rise to the establishment of a document of
title to industrial property called an “industrial design registration certificate”, filed and
registered in the form and under the conditio ns prescribed in Chapter III of this Title.
Article 113:
Industrial designs prejudicial to morality or public order, together with industrial designs that
reproduce effigies, signs, acronyms, denominations, decorations, emblems or currency
mentioned in Article 135(a) below, shall not benefit from the protection provided by this
Law, unless the competent authorities authorize their use.
Chapter III:  Procedure for filing and registering industrial designs
Article 114:
Anyone wishing to obtain an industrial design registration certificate must lodge with the
agency responsible for industrial property matters an industrial design registration file in
accordance with the conditions laid down in this Chapter.  The file may be lodged by the
applicant or his agent.
Up to 50 industrial designs may be filed at the same time, provided they are of the same kind.
At the time it is lodged, the registration file must include:(a) An industrial design registration application indicating the purpose of the industrial
design, whose contents are laid down by regulation;
(b) three copies of a graphic or photographic reproduction of the industrial designs and
the title of the corresponding graphic or photographic reproductions.  The
reproduction may be accompanied by a brief description.
(c) evidence of payment of the fees due.
A registration file that does not include items (a), (b) and (c) above shall be inadmissible on
filing.
The formalities to be fulfilled and the items to be attached to the documents mentioned at (a),
(b) and (c) above shall be established by regulation.
Where the registration file includes the items mentioned at (a), (b) and (c) above, the
registration application specified at (a) above shall be entered, in chronological order of filing,
in the national register of industrial designs mentioned in the first paragraph of Article 126
below, together with a filing date and number.IP/C/W/265/Add.3
Page 19
Article 115:
Where, on the filing date, the industrial design registration file does not include one or more
of the items to be attached to the documents me ntioned at (a), (b) and (c) above, the list of
which is to be established by regulation under the fifth paragraph of Article 114 above, the
applicant or his agent shall have three months from the filing date within which to regularize
his file.
A file that has been regularized within the period allowed shall retain the initial filing date.The period of three months shall be measured in clear days.  If the last day is a public holiday
or a non-working day, the period shall be extended to the next working day.
Article 116:
A receipt recording the date of delivery of the items mentioned in the third and fifth
paragraphs of Article 114 above shall be issued to the applicant or his agent immediately after
the application is filed.
Article 117:
Within three months from the filing date, the applicant or his agent may, upon reasoned
application, request the rectification of clerical or factual errors in the documents filed, with
the exception of the graphic or photographic reproductions of the industrial designs filed,
which may not be amended.
Once the above-mentioned period has expired, no further rectifications may be made.
The request for rectification mentioned in the first paragraph of this article shall be submitted
in writing and shall indicate the purpose of the proposed rectifications.
Article 118:
Any application to file an industrial design that:(a) Does not satisfy the requirements of the first paragraph of Article 104 above;(b) does not satisfy the requirements of Article 113 above;(c) has not been regularized within the period of three months stipulated in Article 115
above
shall be rejected.No application to file an industrial design may be rejected without reasons being given or
without the applicant or his agent being notified of the rejection by registered letter with
acknowledgement of receipt.  The rejection shall be noted in the national register of industrial
designs mentioned in the first paragraph of Article 126 below.
Article 119:
Where the application to file an industrial design is not rejected under Article 118 above, the
industrial design shall be registered by the agency responsible for industrial property mattersIP/C/W/265/Add.3
Page 20
without preliminary consideration of the merits.
The date of registration shall be the filing date.The filing shall be registered in the national register of industrial designs mentioned in the
first paragraph of Article 126 below.
Article 120:
Subsequent to registration as specified in Article 119 above, a report recording the filing of
the industrial design and mentioning the filing date and the accompanying items shall be
drawn up by the agency responsible for industrial property matters, together with aregistration certificate accompanied by the graphic or photographic reproduction of the
industrial design.  The report and registration certificate shall be delivered or notified to the
applicant or his agent.”
F. PATENTS
14. Please explain how Moroccan law or procedures provide an opportunity for the judicial
review of any decision to revoke or forfeit a patent, as required by Article 32 of the TRIPS
Agreement.
Law 17-97 provides for the forfeiture of the rights deriving from a patent in the event of non-
payment of the patent maintenance fees within the time-limits prescribed.
Thus, Articles 82 to 85 of the Law provide as follows:“Article 82:
The owner of a patent who fails to pay the f ees payable for maintaining his rights in force
within the time-limits prescribed shall be liable to forfeit those rights.
However, the fees payable may validly be paid within a further period of six months from the
due date.
Where the fees payable have not been paid on the due date, the agency responsible for
industrial property matters shall send a notice, by registered letter with acknowledgement of
receipt, to the patent owner or his agent warning him that he will be liable to forfeit his rights
if payment is not made before the expiration of the six-month period provided for in the
preceding paragraph.
Failure to notify shall not render the agency responsible for industrial property matters liable
nor shall it constitute grounds for restoration of the rights of the patent owner.
Article 83:
A patent owner who fails to pay the fees payable before the expiration of the six-month
period provided for in the second paragraph of Article 82 above shall forfeit his rights
thereunder.
Article 84:
Forfeiture shall be recorded in a reasoned decisi on, in writing, of the agency responsible for
industrial property matters notified to the patent owner or his agent in accordance with theIP/C/W/265/Add.3
Page 21
procedure laid down by regulation.
Forfeiture shall take effect on the due date of the payment that has not been made.The decision recording forfeiture shall be noted in the national patent register.However, within three months of the date of receipt of notification of the decision mentioned
in the preceding paragraph, the patent owner may appeal to the agency responsible for
industrial property matters with a view to having his rights restored, if he has a legitimate
excuse for not having paid the fees payable.
Restoration of rights may be accorded by a decision in writing of the agency responsible for
industrial property matters, subject to the fees payable being paid before the expiration of the
three-month period mentioned in the preceding paragraph.
The decision restoring the rights shall be noted in the national patent register which shall also
record the date of payment of the fees payable.  The decision restoring the rights shall benotified to the patent owner or his agent.
The forfeiture of a patent shall result in the forfeiture of any patents of addition relating to the
said patent.”
Moreover, a patent may be annulled by judicial decision taken at the request of any interested
party.  Thus, Articles 85 to 88 deal with the invalidation of a patent and provide as follows:
“Article 85:
The court may declare a patent null and void at the request of any interested party:(a) If the invention is not patentable under the terms of Articles 22 to 28 of this Law;(b) if the description of the invention does not disclose the invention sufficiently for it to
be carried out by a person skilled in the art;
(c) if the subject-matter of the invention extends beyond the application as filed;
(d) if the claims do not define the scope of the protection applied for.Where the grounds for invalidation are applicable only to part of the patent, invalidation shall
take the form of a corresponding limitation of the claims.
Article 86:
An action for invalidation may be brought by any interested party.The Office of the Public Prosecutor may intervene in any proceedings brought with a view to
having a patent invalidated and make submissions to have the patent declared  absolutely null
and void.
It may even directly initiate the main patent invalidation proceedings.
Article 87:
A patented invention that has been forfeited by the owner and an invention for which theIP/C/W/265/Add.3
Page 22
patent has been invalidated may not be the subject of the filing of another patent application.
Article 88:
Patents of addition shall terminate with the main patent; nevertheless, where the patent is
declared null and void under Article 85 above, patents of addition shall not be affected by
such invalidation if the improvements whic h form their subject-matter constitute an
invention.”
Moreover, as regards industrial property disputes, it should be noted that Article 15 of
Law 17-97 provides that:
“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.”
In addition, it should be noted that Article  13 of Law No. 53-95 Establishing Commercial
Courts provides that:
“Cases may be brought before the commercial court upon receipt of an application in writing
signed by an attorney on the roll of one of the bar associations of Morocco, subject to the
second paragraph of Article 31 of the Dahir concerning Law No. 1-93-162 of10 September 1993 Organizing the Practice of the Profession of Attorney.”
Similarly, the Moroccan judicial system allows appeals against administrative decisions upon
application to 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 for
compensation 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.”
On this same subject, 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 decisionmay 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 theIP/C/W/265/Add.3
Page 23
administrative decision challenged.  If there has been a previous administrative appeal, the
application 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.
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 sixty 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 ahigher 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 of
authority, which shall not start running again until the applicant is notified of the decision thatdefinitively 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 ofIP/C/W/265/Add.3
Page 24
the aforementioned Law.
With regard to judicial decisions invalidating a patent, an appeal may be made to the courts of
appeal, in particular as Article 24 of the Code stipulates that:
“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 specifies 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 or
service 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 of
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.”
15. Please explain how the Moroccan patent law provides for reversal of the burden of
proof, as required by Article 34 of the TRIPS Agreement,  if:  (a) the good obtained by the
patented process is new;  or (b) there is a substantial likelihood that the identical good was
made by the process and the owner of the patent has been unable through reasonable efforts todetermine the process actually used.
According to Article 21 of Law 17-97:
“The invention may relate to products, to pro cesses 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.”
Similarly, according to Article 22:“Any new invention that involves an inventive step and is capable of industrial application
may be patented.”
Moreover, in the event of a dispute involving a process patent, Law 17-97 allows the patent
owner to bring suit against any act infringing his rights in the patent.
In addition, Article 211 of the aforementioned Law provides that:"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 the president of the court having jurisdiction in the place where the infringement is
alleged to have taken place so orders, he may have a bailiff or court officer make a detailedIP/C/W/265/Add.3
Page 25
description of the goods or processes alleged to be counterfeit, 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 theinfringement.
The same right is available to any holder of an exclusive right of exploitation under the
condition laid down in the second paragraph of Article 202 of this Law and, under the condition
laid down in Article 210 above, to the holde r of a compulsory or ex officio licence.
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."
Furthermore, the judicial authorities are empower ed to order a party to a proceeding, at the
request of the opposing party, to produce evidence in his control.  These powers are based on variousstatutory provisions, including in particular thos e of the Code of Civil Procedure and the 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, an inquiry, the establishment of the
genuineness of a document or any other investigative measure.”
Similarly, in accordance with the provisions of Article 435 of the Code of Obligations and
Contracts, the communication to the other party of commercial ledgers and balance sheets and
household records cannot 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 the proceedings or
even before any complaint has been lodged, when justified by sufficient need, but only to the extent
required by that need.
16. Articles 60-66 of Morocco’s patent law are directed toward “compulsory licensing”.
Article 31 establishes a number of specific conditions for granting of compulsory licences.
Please describe in detail how each of the safeguards enumerated in Article 31 of the TRIPS
Agreement is met in granting any compulsory licence.
Articles 60 to 66 of Law 17-97 deal with co mpulsory licences and incorporate the same
principle as does Article 31 of the TRIPS Agreement.  These articles meet the safeguards enumerated
in Article 31 of the TRIPS Agreement as follows:
• Article 31(a) of the TRIPS Agreement:
Article 60:
“Any person under public or private law may, three y ears 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 ofthe request and in the absence of legitimate excuse s, the owner of the patent or his successor in
title:IP/C/W/265/Add.3
Page 26
(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 of
Morocco;
(b) has not marketed the subject-matter of the patent in a quantity sufficient to meet the
needs of the Moroccan market;  or
(c) abandoned the exploitation or marketing of the patent in Morocco more than three
years previously.”
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 certificate is issued before the expiry of the time-periods referred to in Article  60
above.”
• Article 31(b) of the TRIPS Agreement:
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 anexploitation licence from the owner of the patent on an amicable basis, 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 31(c) of the TRIPS Agreement:
Article 62, third and fourth paragraphs:
“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 royaltiesshall 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 31(d) of the TRIPS Agreement
Article 62, first paragraph:
“A compulsory licence may not be an exclusive licence.”
• Article 31(e) of the TRIPS Agreement
Article 63, last paragraph:
“Any assignment of the rights attached to a compulsory licence shall be submitted to the court
for its approval, on pain of nullity.”
• Article 31(f) of the TRIPS AgreementIP/C/W/265/Add.3
Page 27
Article 62, second paragraph:
“A compulsory licence must be issued predom inantly for the supply of the Moroccan market.”
• Article 31(g) of the TRIPS Agreement
Article 63, first and second paragraphs:
“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 the
licence was granted, the owner of the patent and, if applicable, the other licensees may have
the court withdraw the licence.”
• Article 31(h) of the TRIPS Agreement
Article 62, third paragraph:
“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 thelicence 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.”
• Article 31(i) and (j) of the TRIPS Agreement
Article 64:
“Once judicial decisions taken pursuant to the present subsection become final, the clerk’s
office shall give notice thereof to the agency responsible for industrial property matters,
which shall enter them in the national patent register.”
• Article 31(k) of the TRIPS Agreement
Article 63, first and second paragraphs:
“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 the
licence was granted, the owner of the patent and, if applicable, the other licensees may have
the court withdraw the licence.”
• Article 31(l) of the TRIPS AgreementIP/C/W/265/Add.3
Page 28
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 refu ses to grant an exploitation licence on reasonable
commercial terms and conditions, the owner of th e later patent may obtain a compulsory licence
from the court pursuant to the same conditions as se t 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 earlier
patent;
(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."
17. The patent law excludes new varieties of plants from patent protection and states that
such varieties are governed by Law 9.94.  Please describe in detail the provisions of Law 9.94,
and any other laws and regulations regarding plant variety protection in Morocco.
Description of Moroccan Law No. 9/94 on the Protection of New Plant Varieties
On 19 December 1996, Moroccan Law No. 9/94 on the Protection of New Varieties of Plants
was adopted by the Chamber of Representatives.  It was promulgated by Dahir No. 1-96-255 of
21 January 1997 and published in Official Journal No. 1418 of 15 May 1997.  Moreover, the Law was
declared to be consistent with the provisions of the 1991 UPOV Convention by the Council of theUnion at its extraordinary meeting in April 1997.
The Law is divided into 11 chapters and 76 arti cles.  It is organized around six main topics:
1. The criteria for protection
(a) Criteria relating to the species: in the implementing regulations, with respect to the
species to be protected it is proposed to begin by protecting 76 species of economic
interest for Morocco.  These are mostly species for which Morocco has acquired
experience in conducting tests for distinctness, uniformity and stability and trials for
agronomic and technological value.
Protection will eventually be extended, in accordance with the provisions of the 1991
UPOV Convention, to all plant genera and species within a period of ten years from
the date of Morocco’s accession to UPOV.
(b) Criteria relating to the variety, as regards:
- novelty:  the variety has not been marketed, sold or offered for sale for more
than one year in Morocco and 4 years abroad or 6 years for trees and vines.
- distinctness:  the variety must be distinct from any other variety with respect
to one or more morphological, physiological or other characteristics.
- uniformity:  all the individuals that make up the variety are identical with
respect to all their morphological, physiological, etc. characteristics.IP/C/W/265/Add.3
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- stability:  all the characteristics of the variety remain stable from generation
to generation.
- denomination:  the variety must have a suitable denomination that may not be
contrary to law or morality.
(c) Persons eligible for protection:  Moroccan natural and legal persons and natural and
legal persons belonging to countries that accord Moroccans protection at least
equivalent to that provided by the Moroccan legislation, in accordance with the
principle of reciprocity.
2. Scope of protection, exceptions and term of protection
(a) Scope of the protectionProtection extends to reproductive and propagating material of the protected variety and any
variety that is not clearly distinguishable from the latter, as well as varieties essentially
derived from the protected variety and any variety that necessitates the repeated use of theprotected variety (e.g. a hybrid).
Protection extends to the following acts:- Reproduction or multiplication;- conditioning;- offering for sale;
- selling or other marketing;
- exporting;- importing;- stocking for any of the above-mentioned purposes.If the breeder has been unable to exercise his right over the reproductive or propagating
material, he may exercise that right over the harvested or processed product.
(b) Exceptions to protection:
The breeder’s rights do not extend to acts performed:- in a private context, for non-commercial purposes;
- for experimental purposes;
- with a view to creating a new variety provided that the new variety is not a variety
essentially derived from the protected variety or that the creation of the new variety
does not necessitate the repeated use of the protected variety;IP/C/W/265/Add.3
Page 30
- acts performed by farmers for reproductive or multiplication purposes, on their own
farm, using the harvested product obtained by cultivating the protected variety, with
the exception of forest and ornamental species and flowers.
(c) Term of protection
Applications are registered in the applications register and appear in the New Plant Variety
Protection Bulletin published by the Ministry responsible for agriculture three times a year.
Publication of the application enables breeders to exercise their right.The applications are then examined to ensure that the varieties meet the requirements of:- novelty;- distinctness;
- uniformity;
- stability;- denomination.If the protection requirements are met, a new plant variety certificate is issued by order of the
Ministry responsible for agriculture
The certificates are registered in the new plant variety certificate register and published in the
New Plant Variety Protection Bulletin.
4. Transfer of the right of protection, conditions for obtaining and revoking a compulsory or
ex officio licence
Entitlement to protection is a right that can be sold, bought, bartered or transferred, in whole
or in part, to third parties.  It can also be exploited in co-ownership.
Anyone may apply to a court for a compulsory licence if the protected variety has not been
exploited by its owner within a reasonable period.
Moreover, in certain special cases and for reasons of national interest, the State may obtain an
ex officio licence for the exploitation of a protected variety.
Where a compulsory or ex officio licence is issued, the owner of the new plant variety
certificate will be duly compensated.
5. Legal proceedings and criminal penalties
Anyone who infringes a breeder’s right may be brought to court.
Without prejudice, where appropriate, to the application of penalties under special laws, in
particular those relating to the repression of fraud, any deliberate infringement of the rights of the
holder of a new plant variety certificate is punishable by a fine of 3,000 to 30,000 dirhams.
Repeat offenders may also be sentenced to imprisonment for two months to one year.IP/C/W/265/Add.3
Page 31
In addition, the court may order the destruction of the infringing product and/or reproductive
or propagating material.
 The Law also provides for anyone making unlawful use of the status of owner of a new plant
variety certificate or an application for such a certificate to be liable to a fine of 3,000 to30,000 dirhams.
In the case of repeat offenders the fine may be doubled.
6. Transitional provisions relating to varieties that existed before the entry into force of the Law
on the Protection of New Varieties of Plants
During a one-year transitional period, varieties offered for marketing, marketed or distributed
in Morocco or abroad that do not meet the novelty requirements of Article 6 of the Law may be the
subject of an application for protection.
If protection is granted, its term will be reduced by the number of years that have elapsed
between the time at which the variety was offered for marketing, marketed or distributed for the first
time and the time at which the application was filed.
For the implementation of this Law, it is intended to promulgate the following two decrees
and six orders:
- A decree establishing the conditions and procedures for the examination of
applications and the granting of new plant variety certificates;
- a decree establishing the remuneration for services rendered in connection with the
protection of new plant varieties;
- an order establishing the composition, functions and working procedures of the
Consultative Committee on the Protection of New Plant Varieties;
- an order establishing a list of species eligible for protection, their term of protection
and the elements protected;
- an order establishing the application filing date and the amounts of reproductive or
propagating material needed to examine the variety;
- an order establishing the particulars to be recorded in the national register of
applications for new plant variety certificates;
- an order establishing the particulars to be recorded in the national register of new
plant variety certificates;
- an order establishing the remuneration for services rendered in connection with the
protection of new plant varieties.
Moreover, arrangements have been made to ensure the optimum implementation of the Law
on the Protection of New Varieties of Plants, in particular by:
- Organizing seminars and disseminating information for the benefit of interested
individuals and groups;
- providing additional training in the areas of diversity, uniformity and stability;IP/C/W/265/Add.3
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- providing more equipment (computers, laboratories, greenhouses, etc.).
18. Please explain in detail how the exclusions set forth in Article 23 of the Moroccan patent
law are consistent with the full scope of patentability that is required under Article 27 of theTRIPS Agreement.
In accordance with Article 27.1 of the TRIPS Agreement, the criteria of patentability of an
invention are defined by Article 22 of Law 17-97 as “any new invention that involves an inventive
step and is capable of industrial application may be patented”.
These three criteria are dealt with in detail in Articles 26, 27 and 28 of the Law:“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, 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 of
the 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.
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.”
The reason for the exclusions cited in Article 23 of Law 17-97 is that the items in question are
incompatible with the patentability criteria laid down in the above-mentioned Article 22.IP/C/W/265/Add.3
Page 33
These exclusions are incorporated in Article 23 on principle and in accordance with regional
treaties and the foreign legislation of developed countries.
Moreover, the essential difference between an invention and a discovery is that the inventor
creates something that did not previously exist, whereas the discoverer does not “create” anything butuncovers the existence of something that up to th en was simply unknown.  For example, finding a
previously unknown chemical element would be a discovery, since the element already existed and
was merely unknown to man until discovered.
On the other hand, a new chemical compound created by combining the newly discovered
element in a particular way with other elements or  chemical compounds would be an invention, since
the new compound did not previously exist.
Likewise, computer programs are excluded from patentability because their protection is a
matter for copyright legislation, in accordance with Article 10.1 of the TRIPS Agreement, which
reads as follows:
“Computer programs, whether in source or object code, shall be protected as literary works
under the Berne Convention (1971).”
With regard to aesthetic creations and schemes, rules and methods, they are not patentable
because they are eligible for the protection conferred on literary and artistic creations, inasmuch asthey are the result of intellectual effort and human creativity and are characterized by their distinctive
outward appearance involving a particular form.
Similarly, aesthetic creations with no technical aspect are excluded from patentability to avoid
the accumulation of protection by both patent and industrial design.  Thus, Article 108 of Law 17-97provides as follows:
“If the same subject-matter may be considered both a patentable invention and a new
industrial design and if the elements that constitute the novelty of the industrial design are
inseparable from those of the invention, the said subject-matter may only be protected under
the provisions applicable to patents for invention.”
With regard to scientific theories and mathematical methods, their exclusion is based on the
fact that patents are concerned not with pure science but with applied science.  Discoveries made in
certain fields of science, as in the case of radium, are not patentable per se .  It is only the practical
uses of these discoveries that can be patented, since they alone are capable of industrial application.
As for presentations of information, they are excluded by Article 23 because they resemble
methods, which it has always been agreed are not patentable, and because they are devoid of
industrial character.  However, the information medium and devices intended to receive the
information are patentable.
Nevertheless, the scope of these exclusions is relatively limited.  Thus, according to the last
paragraph of Article 23, if a non-patentable creation is associated with a patentable invention, the
exclusion relates only to the creation and not to the patentable invention.
19. Please explain what is meant by the exceptions provided under Article 37 of the
Moroccan patent law for items contrary to public order, unfair declarations related to the goods
or methods of others, elements which have no re lation with the description, and “restrictions,
conditions or reservations.”  Please describe the factors that are considered in determining
whether these conditions exist and indicate wh ether there is an opportunity for the patent
applicant to contest an adverse decision under this article.IP/C/W/265/Add.3
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As indicated in Article 31(a) of Law 17-97, the patent application for which Article 37 of that
Law provides must be viewed as only part of the application file.
According to Article 31(a), the patent application is just one of the documents that constitute
the patent application file, as specified in the first paragraph of Article 31. Thus, the patent application
file consists of the patent application and description and the other documents for which Law 17-97
and its implementing decree provide.
The contents of the application are specified in the draft implementing decree whose Article 6
reads as follows:
“The applications for a patent, patent of addition or integrated circuit layout-design
(topography), mentioned in Articles 31(a), 29.1 and 96 of Law 17-97, respectively, shall
contain:
(1) particulars of the applicant and, where appropriate, his agent;(2) in the event of an application in co-ownership, particulars of all the co-owners and a
single address for correspondence with the Office.  The co-owners may be
represented by one of their number with power of attorney or may appoint a joint
agent, who must show he possesses power of attorney;
(3) the title of the invention or layout-design (topography);(4) the name of the inventor(s) who made the invention or the creator(s) of the layout-
design (topography), as appropriate;
(5) references relating to the priority of an earlier filing duly claimed;(6) where appropriate, an indication of the document conferring enjoyment of priority
rights;
(7) where appropriate, references to the guarantee certificate issued at the international
exhibitions mentioned in Article 187 of Law 17-97;
(8) a list of accompanying documents.”Moreover, for ethical reasons and in accordance with Article 37 of Law 17-97, the patent
application must not contain elements or draw ings whose publication or implementation would be
contrary to public order or morality.
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 exhaustivelist of what is meant by public order.
Thus, elements or drawings contrary to public order may not be reproduced in the patent
application as previously described.
Moreover, the patent application must not contain elements or drawings contrary to morality.
Morality is generally defined as behaviour or acts that globally respect the principles of social
relations, taking religious principles into account.  For example, indecent drawings are considered
contrary to morality.IP/C/W/265/Add.3
Page 35
The patent application may not contain any restriction concerning the procedures relating to
the exploitation of the invention such as restrictions on information not included in the description, in
the possession of the patent holder.
Nor must the application include conditions imposed by the patent holder on anyone
interested in the invention, such as details of a technical nature with respect to which the inventor
imposes special conditions in return for disclosing them.
Likewise, the inventor may not enter any reservation with respect to his application, in
particular with respect to the way in which the in vention is realized, as may be seen from the last
paragraph of Article 34, which specifies that:
“The description of the invention must disclose the invention in a manner sufficiently clear
and complete for a person skilled in the art to carry it out.”
In this connection, Article 41(5) provides that:
“Any patent application which:
(5) does not satisfy the provisions of Article 37 above;shall be rejected.”As explained in the reply to question 14 above, administrative decisions may be appealed
before the administrative courts established by Law 41-90 whose Article 8, first paragraph, reads as
follows:
“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 for
compensation 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.”
20. Article 55 of the Moroccan patent law contains a listing of items that the "rights entitled
by the patent do not include".  This section appears to create exceptions to the exclusive rights
conferred by a patent, as indicated by Article 28 of the TRIPS Agreement.  Please explain how
each of these exceptions is consistent with th e TRIPS Agreement, particularly the requirement
that exceptions to the exclusive patent rights  do not unreasonably conflict with a normal
exploitation of the patent and do not unreasonably prejudice the legitimate interests of the
patent owner, as required by Article 30 of the TRIPS Agreement.
The provisions of Article 55(a), (b) and (c) of Law 17-97 relate, in particular, to acts devoid
of any industrial or commercial content capable of injuring the patent owner.
An act relating to the subject-matter of the patent, performed in a private context or by way of
experiment and for non-commercial purposes, and the preparation of medicines by pharmacies, in
individual doses, on a doctor’s prescription, are not liable to prejudice the interests of the patent
owner, given their non-commercial nature and purpose.
With regard to the provisions of Article 55(d) and (e), it should be noted that they correspond
to Article 5 ter of the Paris Convention.
The aim of Article 55(f) is to protect the interests of an enterprise which, being in possessionIP/C/W/265/Add.3
Page 36
of an invention, has chosen to keep it secret.
Thus, that enterprise must prove its good faith by showing the use or effective and serious
preparations for the use of the invention on Moroccan territory prior to the filing date of the patent
application.
The provisions of Article 55 are therefore consistent with the provisions of Articles 30 and
2.1 of the TRIPS Agreement.
G. LAYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
21. Please describe in detail the protection for layout-designs of integrated circuits provided
under the laws of Morocco, including the term of protection, and cite to the relevant provisionsof law.
Article 1 of Law 17-97 cites layout-designs (topographies) of integrated circuits among the
industrial property that falls within its protection.
Articles 90 to 103 of the Law then deal with layout-designs (topographies) in detail.
According to Article 90, for the purposes of Law 17-97:- 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-dimensional
disposition prepared for an integrated circuit intended for manufacture;
- 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 stipulates that 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 creationmay 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.IP/C/W/265/Add.3
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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 creator 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.
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 effected
more than fifteen years after the final or intermediate topography was first fixed or encoded if
it has never been exploited.
Article 98:
Any application for an integrated circuit layout-design (topography) certificate that fails to
satisfy the requirements of Article 96 above and the first section of Chapter II of Title II of
this Law shall be rejected.
Article 99:
In the absence of the consent of the holder of the right, the following shall be prohibited:(a) the act of reproducing, whether by incorpor ation in an integrated circuit or otherwise,
a protected layout-design (topography) in its entirety or any part thereof, except theact 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.IP/C/W/265/Add.3
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Article 100:
The following acts shall not be considered unlawful:
(a) the acts referred to in subparagraph (a) of Article 99 above, performed for private
purposes or for the sole purpose of evaluation, analysis, research or teaching;
(b) the creation, on the basis of such analysis, evaluation or research, of a distinct
topography eligible for protection under the provisions of this Law;
(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, thatperson 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.
Article 101:
If an application for a certificate is not filed within fifteen years of the creation of a layout-
design (topography), it shall not give rise to any exclusive right.
Article 102:
Integrated circuit layout-design (topography) certificates that are not original within the
meaning of Article 91 above and do not fulfil the conditions of Article 97 above may be
declared null and void by the courts at the request of any interested party.
Article 103:
Any interested party may request and obtain a copy of entries in the national register of
integrated circuit layout-design (topography) certificates maintained by the agency
responsible for industrial property matters.”
Likewise, where legal proceedings are concerned, Article 218 of Law 17-97 subjects civil and
criminal proceedings relating to layout-designs (topographies) of integrated circuits to the same
provisions as for patents.
Thus, Article 218 stipulates that:“The provisions of Chapter II of this Title shall also be applicable to civil and criminal
infringement proceedings concerning layout-designs (topographies) of integrated circuits.”
H. PROTECTION OF UNDISCLOSED INFORMATION
22. Please describe in detail how the laws of Morocco provide for the protection of
undisclosed information as required by Article 39.2 of the TRIPS Agreement and provide
citations to the relevant provisions of law.IP/C/W/265/Add.3
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This situation is provided for in a number of laws and regulations.
Thus, Article 18 of the General Civil Service Act requires every official to keep confidential
everything concerning facts and information of wh ich he becomes aware during or in connection with
the performance of his duties, irrespective of the confidentiality provisions of the Criminal Code.
Likewise, Article 15 of the Code of Criminal Procedure stipulates that:“During the investigation or inquiry the proceedings shall be confidential.  Anyone
participating in these proceedings 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 civilly
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 any failure to
comply with their professional obligations, in accordance with the provisions of Articles 19 to 21 ofLaw 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 lettersconcerning an ongoing investigation (Article 36 of  Law No. 1-93-162 Organizing the Practice of the
Profession of Attorney).
As for Law 17-97 on the Protection of Industrial Property, Articles 18(c), 215, 216, 218 and
221 deal with the protection of undisclosed information and impose penalties on any act of disclosureof 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.IP/C/W/265/Add.3
Page 40
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.
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 specially intended for committing the offence.
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-dimensional disposition
prepared for an integrated circuit intended for manufacture;IP/C/W/265/Add.3
Page 41
− 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 theinterconnections 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 creator 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, with 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 the
integrated circuit is intended to perform.
Article 97:
Unless the layout-design is commonplace, the filing of the application referred to inIP/C/W/265/Add.3
Page 42
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 effected
more than fifteen years after the final or intermediate topography was first fixed or encoded if
it has never been exploited.
Article 98:
Any application for an integrated circuit layout-design (topography) certificate that fails to
satisfy the requirements of Article 96 above and the first section of Chapter II of Title II of
this Law shall be rejected.
Article 99:
In the absence of the consent of the holder of  the right, 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 theact 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.
Article 100:
The following acts shall not be considered unlawful:(a) the acts referred to in subparagraph (a) of Article 99 above, performed for private
purposes or for the sole purpose of evaluation, analysis, research or teaching;
(b) the creation, on the basis of such analysis, evaluation or research, of a distinct
topography eligible for protection under the provisions of this Law;
(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 article
incorporating such an integrated circuit where the person performing or ordering suchact 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 orderedbefore 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.
Article 101:
If an application for a certificate is not filed within fifteen years of the creation of a layout-
design (topography), it shall not give rise to any exclusive right.IP/C/W/265/Add.3
Page 43
Article 102:
Integrated circuit layout-design (topography) certificates that are not original within the
meaning of Article 91 above and do not fulfil the conditions of Article 97 above may be
declared null and void by the courts at the request of any interested party.
Article 103:
Any interested party may request and obtain a copy of entries in the national register of
integrated circuit layout-design (topography) certificates maintained by the agency
responsible for industrial property matters.”
Likewise, where legal proceedings are concerned, Article 218 of Law 17-97 subjects civil and
criminal proceedings relating to layout-designs (topographies) of integrated circuits to the same
provisions as for patents.
Thus, Article 218 stipulates that:“The provisions of Chapter II of this Title shall also be applicable to civil and criminal
infringement proceedings concerning layout-designs (topographies) of integrated circuits.”
With regard to new plant varieties, Article 71 of Law 9/94 requires that the production and
trade secrets of interested parties be safeguarded.
The opposing party is given access to evidence that might reveal such secrets only insofar as
consistent with their protection.
23. Please describe in detail the manner in which protection is provided test data regarding
pharmaceutical and agricultural chemical prod ucts submitted to the government in order to
obtain marketing approval in Morocco and cite to the relevant provisions of law.
The replies to questions 23 and 24 will be communicated later.
24. Are other applicants for ma rketing approval for their own versions of a previously
approved pharmaceutical or agricultural chemical products permitted to rely on data submitted
by the earlier applicant?  If so, how long a period of exclusivity is given the earlier applicant
before such reliance becomes possible.
The replies to questions 23 and 24 will be communicated later.
I. ENFORCEMENT
25. Please describe in detail the manner in which the laws of Morocco provide for effective
action against infringement of intellectual prop erty rights as required by Article 41 of the
TRIPS Agreement.  Please address any time limits or unwarranted delays that may beassociated with the enforcement process.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).IP/C/W/265/Add.3
Page 44
26. Article 43.1 of the TRIPS Agreement requires that judges be authorized to order
production of evidence necessary to substantiate a party’s claims where that party has been
unable to obtain such evidence from the opposi ng party.  Please describe how the laws or
regulations of Morocco provide this authorizatio n, citing to the relevant provisions of law or
regulation.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
27. Please describe in detail all of the civil remedies that are available to right holders under
the laws of Morocco, citing to the relevant provisions of law or regulation.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
28. Please describe in detail the provisional procedures and remedies available to right
holders under the laws of Morocco, citing to the relevant provisions of law and regulation, and
indicate any condition under which a right holder may avail itself of those procedures and
remedies.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
J. SPECIAL REQUIREMENTS RELATED TO BORDER MEASURES
29. Please describe in detail the procedures under the laws of Morocco that provide for
border enforcement at least for trademark counte rfeiting and copyright piracy, identifying the
competent authority and citing to the re levant provisions of law or regulation.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
30. Please indicate if border enforcement is available to owners of other forms of intellectual
property and, if so, please describe the procedures and remedies available in relation to each
form of intellectual property, citing the relevant provisions of law.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
31. Article 58 of the TRIPS Agreement specifies procedures to be followed where the
competent authorities can act ex officio.  Plea se explain whether the competent authorities in
Morocco are empowered to act ex officio and, if so, please identify the intellectual property
areas subject to ex officio action.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).IP/C/W/265/Add.3
Page 45
K. CRIMINAL PROCEDURES
32. Please describe in detail how the laws of Morocco implement Article 61 of the TRIPSAgreement that requires Members to have criminal procedures and penalties, including
imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful
trademark counterfeiting and copyright infringement  on a commercial scale.  Please cite to the
relevant provisions of law and regulation.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
33. Article 61 also requires that remedies in a ppropriate cases include the seizure, forfeiture
and destruction of infringing goods and any materials and implements the predominant use of
which has been the commission of the offence.  Please describe the provisions in the laws of
Morocco that provide for such remedies, and describe the circumstances in which those
remedies would be imposed, citing to the relevant provisions of law or regulation.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
34. Article 61 also indicates that Members may provide for criminal procedures and
penalties in cases of wilful infringement of oth er forms of intellectual property.  Please describe
any provisions of the laws of Morocco that provide for such procedures and remedies, citing to
the relevant provisions of law or regulation.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Check-List of Issues on Enforcement, circulated to members of the Council
for TRIPS on 18 April 2001 (IP/N/6/MAR/1).
L. 
STATISTICAL QUESTIONS
35. Please provide statistical information related  to civil copyright, trademark, geographical
indication, industrial design, patent, integr ated circuit layout-design, and trade secret
enforcement for 2000, including the number of ca ses filed;  injunctions issued;  infringing
products seized;  infringing equipment seized;  cases resolved (including settlement);  and the
amount of damages awarded.
The replies to questions 35 and 36 are contained in the two charts annexed hereto.
36. Please provide statistical information relat ed to criminal enforcement in the area of
copyright piracy and trademark infringeme nt for 2000, including the number of raids,
prosecutions, convictions, and the amount of fines and/or jail terms (including whether the fines
were paid and whether the jail term was actually served or was suspended) and any other
information establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.
The replies to questions 35 and 36 are contained in the two charts annexed hereto.
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