WORLD TRADE
ORGANIZATIONIP/N/6/MAR/1
18 April 2001
(01-1953)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
CHECK-LIST OF ISSUES ON ENFORCEMENT1
Replies from Morocco
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
In all IPR infringement cases, the jurisdiction of th e courts is determined by the nature of the
right that forms the subject of the action and the status of the party against which that action is
brought.
Thus, in the field of industrial property, La w No. 17-97 concerning Protection of Industrial
Property stipulates that the commercial courts alone are competent to hear cases of this kind.Decisions taken by these courts can be appealed to the Commercial Court of Appeal whose decisions
can, in their turn, be appealed on points of law to the Supreme Court.  The decisions taken by the
Commercial Court of Appeal and by the Supreme Court may either uphold or reverse the decisions
taken by the commercial courts.
Civil actions resulting from the infringement of plant breeders' rights (as defined by
Law No. 9-94 on the Protection of New Varieties of Plants) and of Copyright and Related Rights (as
defined by Law No. 2-00 on copyright and related rights) are brought before the courts of first
instance in the chief town of the appeal court district.  Their judgements can be challenged in the
Court of Appeal.  In the last instance, the parties to the dispute can appeal to the Supreme Court on a
point of law.
Under Law No. 41-90 Establishing Administrative Courts, when the party against which
proceedings are brought is an administration or a public-law corporation, the administrative courts are
competent to hear cases arising out of the infringement of a right.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
Which persons have standing to assert IPRs?
Under Article 1 of the Code of Civil Procedure, "only those with standing, capacity and
interest may take part in legal proceedings to assert their rights.  The judge shall establish , proprio
motu , the lack of standing or capacity or interest or the lack of authorization when the latter is
                                                     
1 Document IP/C/5.IP/N/6/MAR/1
Page 2
required."  In accordance with these provisions, any natural or legal person holding intellectual
property rights may assert his rights, after payment of  a court fee, except where legal aid is provided.
How may they be represented?
Natural or legal persons holding rights in new plant varieties or industrial property rights and
not having their domicile or registered office in Morocco must appoint an agent having his domicile
or registered office in Morocco.  Under Article 33 of the Code of Civil Procedure, "the agent must be
domiciled within the jurisdiction.  The appointment of an agent is equivalent to electing domicile with
that agent.  The only persons not professionally entitled to represent others in legal proceedings who
may act as an agent are the spouse or a relative or relative by marriage in the direct or collateral line
of descent up to the third degree, inclusive."
Copyright holders may have themselves represented by the  Bureau Marocain des Droits
d'Auteur ( Moroccan Copyright Bureau).
In order to take part in court proceedings all holders of intellectual property rights must have
themselves represented by an attorney on the roll of one of Morocco's bar associations.
Thus, Article 31 of Law No. 1-93-162 Organizing the Practice of the Profession of Attorney
stipulates that "only attorneys on the roll of the Kingdom's bar associations shall be authorized, when
representing or assisting the parties, to present petitions, arguments and defence pleadings in all casesother than criminal cases, maintenance cases before the courts of first instance and appeal courts, and
proceedings falling within the jurisdiction of the courts of first instance against which no appeal lies."
However, under the same Article, "attorneys practising in a foreign country linked with
Morocco by a convention under which nationals of each of the Contracting States have access in theother to the profession of attorney may conduct proceedings before the Moroccan courts provided that
they elect domicile with an attorney on the role of one of the Kingdom's bar associations and, unless
the convention otherwise provides, have been specially authorized to do so, on a case-by-case basis,
by the Minister of Justice."
Are there requirements for mandatory personal appearances before the court by the right holder?
In general, personal appearances before the court by the right holder are not mandatory.
Nevertheless, there are circumstances in which the right holder may, in fact, be required to appear, for
example, to hear his statement or for confrontation purposes.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
This authority is conferred on the judicial authorities by various provisions, in particular those
featuring in the Code of Civil Procedure and the Dahir Establishing 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, 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 inIP/N/6/MAR/1
Page 3
other cases in which the books are common to both parties or in the event of financial difficulties
(Article 435 of the Code of Obligations and Contracts and Article 545 of Law No. 15-95 Establishing
a Commercial Code).  Communication or production may be ordered either ex officio or at the request
of one of the parties in the course of the proceedings and even before any complaint has been lodged,
when justified by sufficient need and only to the extent required by that need (Article 435 of the Codeof Obligations and Contracts and Article 22 of th e Law No. 15-95 Establishing a Commercial Code).
Production consists in extracting from the accounts only those entries that concern the case before the
court (Article 23 of Law No. 15-95 Establishing a Commercial Code).
4. What means exist to identify and protect confidential information brought forward as
evidence?
This situation is dealt with in numerous statutory provisions.
Thus, Article 18 of the General Civil Service Act and Regulations requires every official to
keep confidential everything concerning facts and information of which he becomes aware during or
in connection with the performance of his duties, irre spective of the confidentiality provisions of the
Criminal Code.
Article 15 of the Code of Criminal Procedure stipulates that "during the investigation or
inquiry the procedure shall be confidential.  Anyone participating in this procedure shall be bound to
professional secrecy under the conditions and subj ect 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 any damage caused bythem, 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 service 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 thepreparatory stages of the  proceedings and perform all acts required for the execution of orders and
judgements, where the method of service has not been specified, and to bring to execution court
decisions and enforceable measures and writs of execution, subject to referral in the event of
difficulties."
However, bailiffs are faced with various sanctions and penalties in the event of failure to
comply with their professional obligations, in accordance with the provisions of Articles 19 to 21 of
Law No. 41-80 Establishing and Organizing a Bailiff Service.
Moreover, in no circumstances may an attorney make any disclosure in contravention of
professional secrecy.  In particular, he must respect the confidentiality of criminal inquiries and
refrain from communicating any information taken from the files or publishing documents or letters
concerning an ongoing investigation (Article 36 of  Law No. 1-93-162 Organizing the Practice of the
Profession of Attorney).
With reference, in particular, to new plant varieties, it should be noted that Article 71 of Law
No. 9-94 on the Protection of New Varieties of Plants stipulates that "the production and trade secretsIP/N/6/MAR/1
Page 4
of interested parties shall be safeguarded.  The opposing party shall be given access to evidence that
might reveal such secrets only insofar as consistent with their protection."
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
− Injunctions;
− damages, including recovery of profits, and expenses, including attorney's fees;
− destruction or other disposal of infringing goods and materials/implements for
their production;
− any other remedies.
Injunctions
The judicial authorities are authorized to take various types of decisions:  expert reports,
injunctions or other urgent measures, orders made in chambers, payment orders, and final or other
judgements.
− Expert reports, injunctions or other urgent measures:
may be ordered in any matter for which there is no special provision, without
prejudice to the rights of the parties, after the president of the court has ruled on an ex
parte application (Article 148 of the Code of Civil Procedure).
− Orders made in chambers:
are only provisional and issued without prejudice to what is decided on the merits
(Article 152 of the Code of Civil Proce dure).  They are immediately enforceable.
The urgent applications judge may, however, make their execution dependent on thelodging of security (Article 153 of the Code of Civil Procedure).  He may also order
attachment or any other precautionary measure, whether or not proceedings have
begun before the trial judge (Article 149 of the Code of Civil Procedure).
− Payment orders:
may be issued pursuant to any request for payment of a sum of money in excess of
1,000 dirhams owed by virtue of a document or an acknowledged promise
(Article 155 of the Code of Civil Procedure).
− Judgements:
are not final if the decision can be appealed (Article 150 of the Code of Civil
Procedure).  However, they may always be made immediately enforceable, with or
without security, depending on the circumstances of the case, which must be
specified (Article 147 of the Code of Civil Procedure).
− Final judgements:
bring the case to a close by deciding the question forming the subject-matter of the
proceedings.IP/N/6/MAR/1
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Damages, including recovery of profits, and expenses, including attorney's fees:
Under Article 77 of the Code on Obligations an d Contracts, a person responsible for causing,
knowingly and deliberately, pecuniary or non-pecuniary damage to others, must make good the
damage, when it is established that his action was the direct cause.
Article 84 of the Code on Obligations and Contracts specifies that the payment of damages
may be ordered in connection with certain practi ces that infringe industrial property rights.
Law No. 17-97 concerning Protection of Industrial Property provides for the payment of
compensation to the injured party, at the latter's request, in the event of infringement of an industrial
property right relating to patents (Article 212), inte grated circuit topographies (Article 218), industrial
designs (Article 220), trademarks (Article 224), a nd indications of source or designations of  origin
(Article 183).
In compensation for pecuniary and non-pecuniary damage suffered by the right holder, Law
No. 2-00 on Copyright and Related Rights provides for the payment of damages to the proprietor ofthe rights under Article 62.1.  According to the same statute, where there is a risk of the acts that
constitute a violation continuing, the judicial aut horities may expressly order the cessation of those
acts.  They may also fix an amount equivalent to at least 50 per cent of the value of the operation
(Article 62.6).
In the event of infringement of a breeder's right, Article 67 of Law No. 9/94 on the Protection
of New Varieties of Plants requires the value of the confiscated objects to be taken into account in
calculating the compensation awarded to the beneficiary of the judgement.
As far as the recovery of expenses is concerned, Article 124 of the Code of Civil Procedure
stipulates that "any losing party, whether a priv ate individual or a government department, shall have
the costs awarded against it.  Depending on the circumstances of the case, each party may be ordered
to bear all or part of its own costs."
Destruction or other disposal of infringing goods and materials/implements for their production
Article 62.4 of the Law on Copyright and Related Rights authorizes the destruction of
infringing copies and their packaging or disposal outside commercial channels, so as to avoid causing
damage to the right holder.
Article 62.5 of the Law on Copyright and Related Rights also authorizes the destruction, as
far as reasonably possible, of equipment used to commit or continue committing infringing acts ordisposal outside commercial channels so as to minimize the risk of further infringements, or its
handing over to the right holder.
Under Article 212 concerning civil suits involving patents, Law No. 17/97 concerning
Protection of Industrial Property provides for the possibility of the court ordering confiscation infavour of the petitioner, if necessary, of articles recognized as constituting an infringement and
implements or means specifically intended for co mmitting the infringement.  The same provisions are
applicable to infringements of an industrial propert y right involving industrial designs (Article 220) or
trademarks or service marks (Article 224).
With respect to wilful infringements of the rights of the holder of a new plant variety
certificate, Article 73 of Law No. 9-94 on the Protection of New Varieties of Plants allows the court
to order the destruction of the product and/or the propagating material at issue.IP/N/6/MAR/1
Page 6
Any other remedies
Article 208 of Law No. 17-97 concerning Protec tion of Industrial Property provides for the
loss, for a maximum period of five years, of the right to belong to a professional association.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third parties involved in the production
and distribution of goods or services found to be infringing and of their channels of
distribution?
In several situations, the judicial authorities are authorized to order the infringer to inform the
right holder of the identity of third parties involved in the production and distribution of goods or
services found to be infringing and of their channels of distribution.
Thus, within the context of investigative measures (inquiries, expert studies, inspection of
premises, etc.) ordered under Articles 59 ff. of the Code of Civil Procedure, the judge may require the
infringer to state the identity of his accomplices or co-principals.
In urgent cases, the right holder may request the president of the court of first instance to
summon the infringer or to question him through a bailiff concerning the identity of his accomplices
(Article 148 of the Code of Civil Procedure).
Moreover, under Article 264 of the Dahir on Obligations and Contracts, the judge may inform
the infringer that he will be ordered to pay the righ t holder damages if he does not inform the latter of
the identity of accomplices or co-principals who might be able to take a share of the liability.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Article 203 of Law No. 17-97 concerning Protec tion of Industrial Property provides that in
infringement cases the judge may make the prohibition of continuation of the allegedly infringing
acts, provisionally and on pain of a fine, subject to the furnishing by the applicant of security intendedto ensure the eventual indemnification of the defendant if the infringement action is subsequently
judged to have been unfounded.  The same article also stipulates that the application for prohibition or
provision of security shall be allowed only if the main action is deemed to be serious and was brought
within a maximum of 30 days of the day on which the proprietor became aware of the facts on which
the action is based.
Similarly, Article 222 of Law No. 17-97 concerni ng Protection of Industrial Property provides
that the execution of the order of the president of the court relating to a detailed description, with or
without the taking of samples, or the seizure of products or services which the proprietor of a
registered mark or the beneficiary of an exclusive right of exploitation claims have been marked,offered for sale, delivered or supplied to his detriment in violation of those rights may be made
subject to a deposit by the applicant intended to ensure the possible indemnification of the damage
suffered by the defendant if the infringement action is subsequently judged to be unfounded.
Likewise, Article 70 of Law 9-94 on the Protection of New Varieties of Plants stipulates that
"when an infringement action is brought before the court, its president, under an urgent procedure,
may prohibit, provisionally and on pain of a fine, the continuation of the allegedly infringing acts orIP/N/6/MAR/1
Page 7
make such continuation subject to the furnishing of security intended to ensure the indemnification of
the holder of the new plant variety certificate or the beneficiary of an exclusive right of exploitation."
Furthermore, Article 153 of the Code of Criminal Procedure allows the judge to make the
execution of an interim order subject to the provision of security by the plaintiff.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
In principle, the duration and cost of proceedings are not fixed;  they both depend on a
number of factors such as the nature and complexity of the case, the fees of the attorneys, the attitude
of the parties and the principles applicable.
However, Law No. 53-95 Establishing the Comm ercial Courts includes several provisions
placing time-limits on the procedure applied by those courts.  Thus, Article 6 stipulates that "as an
exception to the provisions of Article 17 of the Code of Civil Procedure, the commercial court must
rule on an objection to jurisdiction on grounds of the matter before it in a separate judgement
delivered within eight days.  The judgement concerning jurisdiction may be appealed within a periodof ten days from the date of notification."  According to Article 14 of the same law, "as soon as the
application has been registered, the president of the court shall appoint a judge to direct preparations
for trial, to whom he shall transmit the file within 24 hours.  The judge directing the preparations shall
summon the parties to the next hearing, the date of which he shall have fixed."  Moreover, "if the case
is not ready for trial, the commercial court may adjourn it to a later hearing or refer it to the judgedirecting the preparations.  In any event, the judge directing the preparations must send the case back
for trial within a maximum of three months (Article 16)".
With respect to the execution of judgements and orders, Article 23 of Law No. 53-95
Establishing the Commercial Courts states that "the officer responsible for execution shall notify theparty concerned of the decision he has been instructed to execute and call upon him to accept it or to
inform him of his intentions within a maximum of ten days of the filing of the application for
execution.  The executing officer shall draw up a record of execution, or a statement of the reasons
that have prevented him from doing so, within 20 calendar days of the expiration of the notice to
comply".
With respect to court fees, Article 125 of the Code of Civil Procedure states that the amount
of the costs assessed shall be mentioned in the judgement deciding the case, unless an assessment can
be made before judgement is delivered.  In this latter case, the costs are assessed by judge's order
annexed to the case file.
Under Article 127 of the Code of Civil Procedure, "within ten days of notification of the order
fixing the costs, the expert, the interpreter and the parties may object to the assessment before the
president of the court of first instance.  The order ruling on this objection shall not be subject to
appeal".
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
The Moroccan legislation does not provide for any such remedies.IP/N/6/MAR/1
Page 8
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Several types of provisional measures may be taken depending on the category of the right
infringed.
Thus, Law No. 17-97 concerning Protection of Industrial Property provides for the following
provisional measures:
- Prohibition, provisionally and on pain of a fine, of the continuation of allegedly
infringing acts (Article 203);
- seizure on importation, at the request of the Public Prosecutor's Office or any other
interested party, by virtue of an interim order of the president of the court, of anyproduct unlawfully bearing a trademark, service mark or trade name and, likewise,
any product bearing false indications concerning its origin or the identity of the
producer, manufacturer or trader (Article 206);
- attachment of a patent by virtue of an interim order of the president of the court
notified to the owner of the patent, the body responsible for industrial property and
those holding rights in the patent (Article 76).  Similar provisions apply to industrial
designs (Article 128) and trademarks and service marks (Article 159);
- a detailed description of the allegedly infringing products or processes and
establishment of the origin, nature and extent of the infringement, with or without
seizure in patent and industrial design cases (Article 211);
- a detailed description, with or without the taking of samples, or seizure of allegedly
falsely marked products or services (Article 222).
Interim measures may also be requested in cases of infringement of a right associated with
indications of source or designations of orig in, under Article 183 of Law No. 17-97 concerning
Protection of Industrial property.
Law No. 9-94 on the Protection of New Varieties of Plants provides for the following
measures:
- A detailed description, with or without seizure, of any plants or parts of plants and
any propagating material allegedly obtained in violation of rights (Article 64);
- a detailed description, with or without seizure, of plants, parts of plants or any
material for the propagation of the allegedly infringing variety in question
(Article 65);
- possibility of requiring the applicant to furnish security before the allegedly
infringing products are seized (Article 66);IP/N/6/MAR/1
Page 9
- possibility of prohibiting, on pain of a fine, continuation of the allegedly infringing
acts or making such continuation subject to the furnishing of security intended to
ensure the indemnification of the holder of the new plant variety certificate or the
beneficiary of an exclusive right of exploitation.  The application for prohibition or
the furnishing of security is only allowed if the main action is deemed to be seriousand was brought soon after the holder of the certificate or the beneficiary of the
exclusive right of exploitation became aware of the facts on which the action is based.
Prohibition may be made subject to the furnishing by the applicant of security
intended to ensure the possible indemnification of the defendant if the infringement
action is subsequently judged to be unfounded (Article 70).
Article 61 of Law No. 2-00 on Copyright and Related Rights provides for the following
provisional measures:
- prohibition on infringing or order to cease infringing a protected right;  and- ordering the seizure of copies of works and sound recordings suspected of having
been made or imported without the authorization of the holder of the right protected
by law, where the making or importation of copies is subject to authorization,
together with the packaging of such copies, any implements which may have been
used for making them, and documents, ledgers or business papers relating thereto.
11. In what circumstances may such measures be ordered inaudita altera parte?
These measures may be ordered because of urgency, difficulties relating to the execution of a
judgement or a document giving authority to execute or for effecting an attachment or other
precautionary measure, whether or not the case has been brought before the trial court.  Thesemeasures are taken by the president of the competent court sitting in chambers.  If the case is
submitted to the appeal court, the same functions will be performed by the president of that court
(Article 149 of the Code of Civil Procedure).
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the legitimate
interests of the defendant.
Measures are initiated on application to the president of the competent court who may make
an order, sitting in chambers if necessary, subject to the provision by the applicant of security
intended to ensure the eventual indemnification of the defendant if the action is subsequently judged
to be unfounded.  In this case, the security must be lodged before the court issues the order.
The order is maintained until the case has been judged on the merits or until the defendant
furnishes the court with evidence that his interests might be irreversibly harmed by the maintenance of
the order.
Where the procedure for which these articles provide is applied, proceedings on the merits
must be instituted within a time-limit that varies, depending on the circumstances, from 15 to 30 days;
otherwise the provisional measures will be rendered void.
13. Describe provisions governing the length and cost of the proceedings?
The length of the proceedings is generally sh orter and the cost less than in the case of
proceedings on the merits.IP/N/6/MAR/1
Page 10
As with proceedings on the merits, the costs of provisional proceedings are borne by the
losing party.
14. Replies to the above questions in relation to any administrative provisional measures.
The Moroccan legislation does not provide for such measures.
Special requirements related to border measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulation,  in particular whether these procedures are
available also in respect of goods which involve infringements of intellectual property rights
other than counterfeit trademark or pirate d copyright goods as defined in the TRIPS
Agreement (footnote to Article 51).  Specify, together with relevant criteria, any imports
excluded from the application of such proce dures (such as goods from another member of a
customs union, goods in transit or de minimis  imports).  Do the procedures apply to imports of
goods put on the market in another country by or with the consent of the right holder and to
goods destined for exportation?
Article 206 of Law No. 17-97 concerning Protec tion of Industrial Property provides for the
seizure at importation, at the request of the Office of the Attorney-General or any other interestedparty, by virtue of an order of the president of the court sitting in chambers, of any product unlawfully
bearing a trademark or service mark or trade name.  The same applies to products bearing false
indications concerning their origin or the identity of the producer, manufacturer or trader.
Articles 53(a) and (c), 99(b) and 214 of the same law also provide, failing the consent of the
holder of the industrial property rights protected, for the following measures:
- Prohibition on importing or stocking with a view to making, offering, putting on the
market or using a patented product or a product directly obtained by a patented
process;
- prohibition on importing, selling or otherwise distributing for commercial purposes a
protected lay-out design (topography), an integrated circuit in which a protected
 lay-out design is incorporated, or an article incorporating such an integrated circuit
only insofar as it continues to contain an unlawfully reproduced lay-out design;
- imposition of the same penalties on those who have knowingly handled, put on sale
or sold, introduced or exported products deemed to be counterfeit as those imposed
on the counterfeiters themselves.  The same applies to any aid knowingly given to a
perpetrator of the above-mentioned infringements.
Article 61(b) of Law No. 02-00 on Copyright and Related Rights gives the court competent to
hear civil suits the authority to order the seizure of copies of works or sound recordings suspected of
having been made or imported without the author ization of the right holder, together with the
packaging of such copies, implements which may have been used for making them and documents,
ledgers or business papers relating thereto.IP/N/6/MAR/1
Page 11
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements related
to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent
assurance), 56 (indemnification of the importer and of the owner of goods) and 57 (right ofinspection and information) been implemented?
At the border, the Customs and Excise Administration, at the request of the Public
Prosecutor's Office or any other interested party, ma y intervene, on the basis of a court decision, in the
importation of any goods liable to infringe the rights of intellectual property right holders.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of decisions
by the competent authorities for the suspension of the release of goods into free circulation?
Decisions by the competent authorities for th e suspension of the clearance of goods remain
valid until the proceedings have been settled.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio action?
The customs authorities are not required to act upon their own initiative.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
The president of the court may order the customs authorities to prevent the clearance of
confiscated goods throughout the duration of the judicial proceedings relating to the infringement
action.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
As in civil proceedings, the question of which court is competent to hear criminal cases
involving acts of infringement of intellectual property rights will depend on the category of the right
infringed and the status of the party against which the action is brought.
Thus, criminal actions may be brought before the commercial courts in cases of infringement
of industrial property rights (Article 15 of Law No. 17-97 concerning Protection of Industrial
Property).
Criminal actions relating to infringements of the rights of a plant breeder or of copyright and
related rights are brought before the courts of first instance in the chief town of the appeal courtdistrict.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available.
Criminal procedures and penalties exist and can be applied, in particular, against anyone who,
intentionally or through negligence and with a view to profit or gain, infringes the pecuniary or non-IP/N/6/MAR/1
Page 12
pecuniary rights of authors of literary or artistic works and holders of related rights, as defined in
Law  No. 02-00 on Copyright and Related Rights.
With regard to industrial property, the acts deemed to constitute a criminal offence, under
Law No. 17-97 concerning Protection of Industrial Prope rty, are wilful infringements of the rights of
the owner of a patent, an industrial design, an integrated circuit layout design (topography), a trade
name, an indication of source or designation of orig in, an industrial award or a registered trademark or
service mark.  Criminal procedures and penalties may also be applied against anyone who wilfully
and repeatedly infringes the rights of the owner of a new plant variety certificate, as defined in
Article  16 of the Law on the Protection of New Varieties of Plants, and against anyone who
repeatedly makes unlawful use of the status of owner of a new plant variety certificate or an
application for such a certificate.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
Under Article 1 of the Code of Criminal Procedure, any offence gives grounds for the
commencement of criminal proceedings for the imposition of penalties and, if damage has been
caused, a civil action for damages.
Criminal proceedings are instituted against the perpetrator of the offence, his co-principals or
accessories.  They are initiated and conducted by the judges or the officers to whom they are entrustedby law.  Criminal proceedings may also be initiated by the injured party (Article 2 of the Code of
Criminal Procedure).
However, under Article 74 of Law No. 9-94 on the Protection of New Varieties of Plants and
Article 205 of Law No. 17-97 concerning Protecti on of Industrial Property, in the event of an
infringement of an intellectual property right defined by either of the two laws, criminal proceedings
can be commenced by the Public Prosecutor's Office only upon a complaint by the injured party.
In cases of infringement of the provisions of Articles 24(a), 113 and 135(a) and (b) of
Law No. 17-97 concerning Protection of Industria l Property, the Public Prosecutor's Office may
institute legal proceedings on its own initiative, under Article 205 of the same law.
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Anyone who considers his protected rights to have been infringed has standing to initiate
criminal proceedings in accordance with the rules of the Code of Criminal Procedure.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
Infringements of industrial property rights, as defined by Law No. 17-97 concerning
Protection of Industrial Property, are subject, under that same law, to the following penalties:IP/N/6/MAR/1
Page 13
Patents
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for two to
six months and/or a fine of 50,000 to 500,000 dirhams.2  For repeat offenders, the penalties may be
doubled.  There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous five years.  The
court may also order the destruction of objects found to be counterfeit owned by the infringer, as well
as implements or means specially intended for committing the offence (Article 213).
Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The same shallapply to any aid knowingly given to the perpetrator of any of the above-mentioned offences
(Article 214).
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 anemployee who has worked in the workshops or the establishment of the patentee.  An employee who
has entered into association with the infringer afte r 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 215 of Law No. 17-97 concerning Protection of Industrial
Property).
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 premises or at public meetings, have given any
information, indication or description whatsoever concerning patents or patents of addition relating toa main patent or integrated circuit lay-out designs (topographies) for which an application has been
filed by them or by others but which have not yet been issued, 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 216).
Without prejudice, where appropriate, to the more serious penalties for breaches of national
security, anyone deliberately infringing one of the prohibitions specified in Article 42 above shall beliable to a fine of 100,000 to 500,000 dirhams.  If national defence has been impaired, a penalty of
imprisonment for one to five years may also be imposed (Article 217).
Integrated circuit layout designs (topographies)
The provisions relating to patents are also ap plicable to civil and criminal infringement
proceedings concerning integrated circuit lay-out designs (topographies) (Article 218).
Industrial designs
Any deliberate infringement of the rights of the owner of an industrial design is 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 identi cal offence within the previous five years.  The
                                                     
2 In 1999, 1 US dollar was equivalent to 9.83 dirhams.IP/N/6/MAR/1
Page 14
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 221).
Trademarks
Under Article 225, the following shall be deemed to be infringers and liable to imprisonment
for two to six months and/or a fine of 50,000 to 500,000 dirhams:
− Those who have counterfeited a registered mark or fraudulently affixed a mark
belonging to others;
− those who have made use of a mark without the authorization of the interested party
even if accompanied by words such as "formula", "style", "system", "recipe",
"imitation", "kind", or any other similar indication liable to mislead the buyer;
− those who, without lawful cause, have stoc ked products which they knew to bear a
counterfeit or fraudulently affixed mark and have knowingly sold, put on sale,
supplied or offered to supply goods or services under such a mark;
− those who have knowingly delivered a product  or provided a service other than that
requested of them under a registered mark.
Under Article 226, the following only shall be li able to a penalty of imprisonment for one to
six months and/or a fine of 25,000 to 250,000 dirhams:
− 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;
− 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;
− those who, without lawful cause, have stoc ked products which they knew to bear a
fraudulently imitated mark or have knowingly sold, put on sale or offered to supplyproducts or services under such a mark.
Under Article 227, imprisonment for one to three months and/or a fine of 50,000 to
500,000 dirhams may be imposed only on those who have had incorporated in their trademarks orservice marks prohibited signs mentioned in Article 135(a) above without the authorization of the
competent authorities and those who have introduced into Morocco, stocked, put on sale or sold
natural or manufactured products bearing the said signs as a mark.
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 228).
The penalties laid down in Articles 225 to 228 above are applicable to collective marks as
well as to collective certification marks (Article 229).IP/N/6/MAR/1
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Indications of source and designations of origin
The following only are punishable, under Article 231, by imprisonment for one to six months
and/or a fine of 25,000 to 250,000 dirhams:
− 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;
− the direct or indirect use of a false or misleading designation of origin or the imitation
of a design of origin, even if the true origin of the product is indicated or thedesignation is used in translation or a ccompanied by expressions such as "kind",
"style", "imitation" or the like.
Industrial awards
Under Article 232, the following only are liable to imprisonment for two to six months and/or
a fine of 50,000 to 500,000 dirhams:
− Those who, without entitlement and fraudulently, have conferred upon themselves
industrial awards mentioned in Article 189 above or have conferred upon themselves
fictitious awards by reproduction on their products, signs, advertisements,
prospectuses, letterheads, business documents or packaging, or in any other manner;
− those who, under the same conditions, have used them for purposes other than those
for which they were obtained;
− those who have made industrial or commercial use of awards other than those
mentioned in Article 189 above.
Those who, having benefited from an industri al award, have made industrial or commercial
use thereof without complying with the provisions of Articles 189, 190 and 198 of Law No. 17-97
concerning Protection of Industrial Property (Article 233).
The counterfeiting of products of the mind is liable to the following penalties:
− A fine of 120 to 10,000 dirhams (Article 575 of the Criminal Code);
− imprisonment for three months to two years and a fine of 500 to 20,000 dirhams for
habitual offenders (Article 577 of the Criminal Code);
− doubling of the term of imprisonment and the fine and the temporary or permanent
closure of establishments operated by the infringer or his accomplices for repeat
offences (Article 577 of the Criminal Code);
− the penalties may be tripled (Article 64 of Law No. 2-00 on Copyright and Related
Rights);
− confiscation of sums equal to the proportion of the proceeds derived from illegal
reproduction, performance or distribution, as well as confiscation of any equipment
specifically installed with a view to ille gal reproduction and all infringing copies and
objects (Article 578 of the Criminal Code);IP/N/6/MAR/1
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− publication of the conviction and sentence, in whole or in part, in the newspapers and
posting of the conviction on the convicted person's premises, in particular, on the
doors of his residence and of any establishment or theatre belonging to him
(Article 578 of the Criminal Code);
− the counterfeit material or copies, together with the proceeds or portions thereof that
have been confiscated, are handed over to the author or his successor in title toindemnify them for the damage suffered;  the remainder of the indemnity to which
they are entitled, or the entire indemnity if there has been no confiscation of
equipment, counterfeit articles or proceeds, gives rise to the award of damages, at the
request of the complainant and under the usual conditions (Article 579 of the
Criminal Code).
Infringements of the rights of breeders, as defined by Law No. 9-94 on the Protection of New
Varieties of Plants, give rise, under that same law, to the following penalties:
− 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, as defined inArticle 16 of the said law, is punishable by a fine of 3,000 – 30,000 dirhams
(Article 73);
− whoever makes unlawful use of the status of  owner of a new plant variety certificate
or an application for such a certificate is liable to a fine of 3,000 to 30,000 dirhams.
Repeat offenders may also be sentenced to imprisonment for two months to one year.For the purposes of this Article, a repeat offender is one who has been irrevocably
convicted for an identical offence within the previous five years (Article 75).
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost if any.
The provisions in force have already been described.  Information on the actual duration of
proceedings and their cost is not available.
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