RESTRICTEDWORLD TRADE
ORGANIZATIONIP/Q/MAR/1
IP/Q2/MAR/1IP/Q3/MAR/1
IP/Q4/MAR/1
8 January 2002
(02-0089)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
REVIEW OF LEGISLATION
MOROCCO1
This document reproduces the introductory statement by the representative of Morocco, the
questions addressed to the Permanent Mission of Morocco and the replies given in connection with
the review of legislation at the Council's meeting of 18 to 22 June 2001.2
_______________
I. INTRODUCTORY STATEMENT
First of all I wish to thank all the delegations of WTO Members that have taken a close
interest in my country's intellectual property legislation and have posed highly relevant questions, to
which I trust that we have offered satisfactory replies.
The review of trade-related aspects of intellectual property rights being conducted by the
Council today offers Morocco a valuable opportunity to highlight the efforts it has been making in a
number of areas in order to adapt its domestic legislation to the provisions of the TRIPS Agreement.
Morocco's objective is to establish effective machinery for the protection of intellectual propertyrights, capable of fostering creativity and innovation, of further promoting the inflow of foreign
investment and of enabling the domestic production apparatus to benefit from a genuine transfer of
technologies – thus contributing to the modernization of the country's economy and its full integration
in the global economy.
Morocco already has a century of experience in the protection of intellectual property, with a
regulatory framework dating back to the early twen tieth century.  Indeed, the Dahir relating to the
protection of industrial property and the Dahir relating to the protection of literary and artistic works
were adopted in 1916.
One year later, Morocco acceded to international intellectual property treaties such as the
Berne Convention of 9 September 1886 for the Protection of Literary and Artistic Works and the Paris
Convention for the Protection of Industrial Property.
Morocco's regulatory framework was strength ened by the enactment, in 1926 and 1927, of
two laws on the protection of literary and artistic works applicable respectively to the former
                                                     
1 For the relevant laws and regulations notified by Morocco under Article 63.2 of the TRIPS
Agreement, see documents IP/N/1/MAR/1 and Add. 1;  IP/N/1/MAR/C/1;  IP/N/1/ MAR/E/1;  IP/N/1/MAR/I/1;and IP/N/6/MAR/1.
2 The minutes of the meeting were circulated in document IP/C/M/32.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 2
International Zone of Tangier and the former Spanish Protectorate Zone.  A law on the protection of
industrial property in the Tangier Zone was passed in 1938.
In 1965, the Moroccan Copyright Office was created to replace the African Copyright Office
dating back to 1943, in order to deal with all matters pertaining to copyright and related rights,
pursuant to the Law on the Protection of Literary and Artistic Works promulgated in 1970, which
repealed all preceding legislation in this sphere.
In 1977, Morocco began regulating the production and marketing of wines – in particular
those with appellations of origin.
Following the entry into force in 1995 of the Marrakesh Agreement Establishing the WTO,
Morocco undertook to bring its intellectual property legislation into line with the provisions of the
TRIPS Agreement.
Morocco thus adopted a series of laws providing for protection of the various intellectual
property rights covered by the TRIPS Agreement.  Law No. 9-94 on the Protection of New Varieties
of Plants was enacted in 1997.  Law No. 17-97 on the Protection of Industrial Property and Law No.
2-00 on Copyright and Related Rights were passed in 2000.  This new set of legal instruments
guarantees fulfilment of the two fundamental prin ciples of the TRIPS Agreement, that is, national
treatment and most-favoured-nation treatment.  In conformity with the first principle, nationals ofWTO Members are accorded the same treatment as Moroccan nationals.  In conformity with the
second principle, any advantage granted by Morocco to nationals of another Member is accorded to
nationals of all WTO Members.
I should now like to give you a brief overview of the content of the new laws adopted by
Morocco pursuant to its obligations under the TRIPS Agreement.
First of all, it should be noted that Law No. 17-97 on the Protection of Industrial Property
came into being as a result of close cooperation between the Moroccan authorities and the World
Intellectual Property Organization.
This Law deals with industry, trade and services , the agricultural and mining industries, and
natural or manufactured products (e.g. livestock, minerals and beverages).  It covers the entire
spectrum of industrial property rights provided for under the TRIPS Agreement.
Concerning trademarks and service marks, the term of registration is ten years, renewable
indefinitely.  The Law prohibits marks from being reproduced in any form.
As regards indications of source and appellations of origin, the Law prohibits 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.  It also prohibits the direct or indirect use of a false or
misleading appellation of origin or the imitation of an appellation of origin.
The term of registration of industrial designs is five years counted from the filing date.
Registration may be renewed twice.
As to patents, these are available for any invention, in the form of a document of title to
industrial property issued by the authorized agency.  Patents are granted for a period of 20 years.  The
Law stipulates, however, that patentability shall not extend to inventions prejudicial to public order or
morality, scientific and mathematical theories, aesthetic creations, computer programs and new plantIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 3
varieties protected by a sui generis  system, pursuant to Law No. 9-94 on the Protection of New
Varieties of Plants.
Law No. 17-97 provides for the patentability of pharmaceutical compositions and
pharmaceutical products.
The Law also makes provision for the granting of compulsory licences.  Any natural person
or legal person in public or private law may request a compulsory licence three years after a patent
has been issued or four years after the date of filing the application, under the terms stipulated in
Article 60 of the Law.
Ex officio licences may be issued for the exploitation of drug manufacturing patents, if the
interests of public health so require and the public health authority so requests.
Layout-designs (topographies) of integrated circuits are protected for a period of ten years.
In addition, Law No. 17-97 sets forth measures for combating unfair competition.
In order to ensure the enforcement of industrial property rights, the Law prescribes civil and
criminal penalties in the event of infringement of such rights.
Civil action may be brought against any infringement of industrial property rights, to ensure
cessation of the infringing act(s) and to obtain paym ent of compensation to the injured party, at the
latter's request.
The court may also order the confiscation and destruction of objects identified as infringing
owned by the infringing party, as well as implements or means specifically intended for committing
the infringement.
Any wilful violation of the rights of owners of trademarks or service marks, indications of
source, appellations of origin, industrial designs, patents or layout-designs (topographies) of
integrated circuits is punishable by one month to two years of imprisonment, depending on the gravity
of the offence, and by a fine of 25,000 to 500,000 dirhams (one US dollar = 11 dirhams).  For repeatoffences, the penalties may be doubled.
Concerning new varieties of plants, in May 1997 Morocco adopted Law No. 9-94 protecting
new plant varieties by means of certificates, which is regarded as an effective sui generis  system of
protection.  It should be noted that the Council of the International Union for the Protectionof New Varieties of Plants (UPOV) has declared this Law to be consistent with the 1991 Act of the
UPOV Convention.
Pursuant to the provisions of Law No. 9-94, breeders' rights cover the protected variety, any
variety that is not clearly distinguishable from the protected variety, any variety derived essentiallyfrom the protected variety – where the latter is not itself an essentially derived variety – and any
variety the production of which necessitates repeated use of the protected variety.
The breeder's permission is required for the fo llowing acts in regard to the reproductive or
propagating material of the protected variety or the aforementioned varieties:  Production orreproduction, conditioning for the purpose of production or propagation, offering for sale, selling or
other marketing, exporting, importing, and stocking for any of the above-mentioned purposes.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 4
Where 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.
Under Law No. 9-94, breeders’ rights do not extend to use made privately for non-
commercial purposes; acts performed for experiment al purposes;  acts performed for the purpose of
breeding new varieties;  and acts performed by farmers for the purpose of reproduction or
propagation, on their own holdings, using the product of the harvest obtained by cultivating the
protected variety, with the exception of tree, ornamental and floral crops.
The Law further prescribes that upon expiry of a period of three years following the delivery
of a certificate or four years from the date of filing the application, any natural person or legal personin public or private law may obtain a compulsory li cence for the certificate, under the terms set forth
in Article 21 of the Law.
The term of protection is 20 years for varieties used as field crops, 25 years for tree and vine
varieties, and 30 years for date palm.
The Law provides for actions at law in the event of infringement of a statutory or treaty
obligation.  It prescribes both civil and criminal penalties for infringement of breeders' rights.
Civil action may be brought with a view to obt aining compensation for the beneficiary of the
ruling (rightholder) and the destruction of the product and/or propagating or reproductive material at
issue.
Moreover, any deliberate infringement of the rights of the holder of a new plant variety
certificate is subject to criminal penalties, in the form of a fine ranging from 3,000 to 30,000 dirhams.Repeat offenders may be sentenced to terms of two to 12 months' imprisonment.
In 2000, Morocco passed Law No. 2-00 on Copyright and Related Rights.
By virtue of their economic rights, authors enjoy the exclusive right to place their works at the
disposal of the public, that is, to proceed with or  authorize the republishing, reproduction, translation,
adaptation, arrangement or other transformation, rental or lending to the public of their works orcopies thereof.  This right extends to all forms of distribution, public display or performance, the
importation of copies, broadcasting, and cable or other communication of the works to the public.
 In the exercise of the moral rights conferred by the Law, authors have the right to claim
authorship of their works, to remain anonymous or to use a pseudonym, and, in general, to object toany derogatory action in relation to their works that would be prejudicial to their honour or reputation.
Literary and artistic works protected under the Law include written works;  computer
programs;  musical, dramatic, choreographic, audi ovisual, architectural and photographic works;
works of fine art;  works of applied art;  expressions of folklore;  designer's sketches for the clothingindustry;  and databases.
Protection of economic rights in a work generally covers the author's lifetime and extends for
50 years after his death.
Law No. 2-00 prescribes a number of limitations on economic rights.  These include the
reproduction of a work lawfully published exclusively for private use – except for the reproduction ofIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 5
architectural works, reprographic reproduction of entire books or musical scores, the reproduction, in
full or in part, of databases in digital format, and the reproduction of computer programs.
Other limitations include temporary reproduction of a work, reproduction in the form of
quotation, use for educational, judicial, administrative or information purposes, and ephemeral
recordings by broadcasting organizations, all of  which may be carried out without the author's
permission.
As regards related rights, the Law grants performers, producers of phonograms and
broadcasting organizations the exclusive right to perform or authorize certain acts relating to their
protected rights.
Performances and phonograms are protected for a period of 50 years, and broadcasts for 25
years.
Law No. 2-00 stipulates that the counterfeiting of intellectual works, piracy and other
infringements shall be subject to civil penalties which ensure the award of damages to the rightholder,
the destruction of infringing copies and their p ackaging, the destruction of implements used for
committing or continuing to commit the infringement, their disposal outside the channels of
commerce or their delivery to the copyright owner.
The Law also provides for criminal enforcement.  Infringements are punishable by a fine of
up to 20,000 dirhams and by terms of imprisonment of up to two years.  In the event of repeat
offences, the judicial authorities are empowered to triple the penalties, as well as to order the
confiscation of proceeds and equipment specifically installed with a view to illegal reproduction and
the publication of the judgment pronouncing conviction.
In addition to these various laws of specific relevance, the protection of intellectual property
is covered by several provisions of general law, including the Code of Obligations and Contracts
adopted in 1913, the Criminal Code of 1962, the Commercial Code of 1995, the Law governing free
pricing and competition and the Customs Code, both of which were passed in 2000.
Since legislative reform calls for institutional reforms, these have been undertaken with a
view to re-adjusting the duties of the various entities in charge of managing the different aspects of
intellectual property.
Thus, the Moroccan Industrial and Commercial Property Office has acquired a new status that
will enable it to play a more significant role in the protection of industrial and commercial propertyand in the promotion of creativity and innovation.
The Moroccan Copyright Office is a multidisciplinary body responsible for the overall
management of copyright.  The rules governing its duties are currently being re-drafted so that it will
be in a position to perform the new tasks assigned to it under the current Law on Copyright andRelated Rights.
Since May 1998, the Moroccan authorities have been establishing commercial courts with
exclusive jurisdiction to hear trade disputes.  These courts have sole competence to entertain industrial
property disputes, within the reasonable time-limits prescribed by the Law.
In conclusion, I would like to emphasize that Morocco is fully aware of the crucial role of a
modern and effective corpus of intellectual property legislation in the economic development process.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 6
Morocco has therefore done its utmost to develop legislation in line with the provisions of the
Agreement on Trade-Related Aspects of Intellectual Property Rights.
Moreover, Morocco is pursuing its efforts to create all the conditions required to ensure full
and effective enforcement of this legislation in the regulatory and institutional spheres, and wishes to
receive technical assistance from the WTO in this area.
II. REPLIES TO QUESTIONS POSED BY CANADA
1. Please describe how the enforcement obligations (Articles 41-61 of the
TRIPS Agreement and throughout) have been implemented.
The reply to this question can be found in the document entitled "Checklist of Issues on
Enforcement", which was circulated to WTO Members under the symbol IP/N/6/MAR/1.
2. What protection does your copyright legislation afford to "foreign works"?
Foreign works are protected under Law No. 2-00 of 15 February 2000 on Copyright and
Related Rights.  Article 60 of that law stipulates that "the protection and exploitation of related rights
is entrusted to the authors' organization".  The organization in question is in fact 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 thevarious 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 for the Protection of Literary and Artistic Works, administered
by the World Intellectual Property Organization, to which Morocco acceded on16 June 1917, ratifying its latest revision (the Paris Act of 24 July 1971) on
17 February 1987;
• the Universal Copyright Convention, admini stered by UNESCO, to which Morocco
acceded on 8 February 1972, ratifying its latest revision (Paris Act of 24 July 1971)
on 28 October 1975;
• the TRIPS Agreement, which forms part of Annex I to the Marrakesh Agreement
Establishing the World Trade Organization, concluded on 15 April 1994 and signedby Morocco on that date.
It should be stressed that the true scope of all references to works and authors in Law 2-00 on
copyright and related rights must be interpreted in the broadest sense possible and without distinction
as to the nationality, race or religion of the author.
The rights conferred upon the author under the said Law are of two types:
• Moral rights (Article 9) by which authors may claim authorship of their works,
remain anonymous or use a pseudonym, and generally object to any derogatory action
in relation thereto which would be prejudicial to their honour or reputation;
• economic rights (Article 10) by which authors have the exclusive right to make their
works available to the public.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 7
Finally, it should be stressed that the scope of application of this Law to copyright and related
rights is covered by Articles 66 and 67, which stipulat e that the provisions of the said Law shall apply
to works entitled to protection under an international treaty to which Morocco is a party and to
performances, phonograms and broadcasts protected under international conventions to whichMorocco is a party.
III. REPLIES TO QUESTIONS POSED BY THE EUROPEAN COMMUNITIES AND
THEIR MEMBER STATES
A. G
ENERAL PROVISIONS
1. Please describe if your legislation includes measures necessary to protect public health
and nutrition, and to promote the public interest in sectors of vital importance to your socioeconomic and technological development as mentioned under Article 8 of the TRIPS
Agreement.  If yes, please explain how such measures are consistent with the provisions of the
TRIPS Agreement.
Law No. 17-97 on the Protection of Industrial Property contains the following provisions:
"Article 67:
If required in the interests of public health, patents issued for medicines, for processes for
obtaining medicines, for products necessary for obtaining those medicines or for processes formaking such products may, in the event of the said medicines only being made available to
the public in insufficient quantity or quality or at abnormally high prices, be exploited ex
officio.
Ex officio exploitation shall be authorized by administrative act, at the request of the
administration responsible for public health.
Article 68:
The administrative act referred to in Article 67 above shall be notified to the patent owner, to
any licensees, and to the agency responsible for industrial property matters which shall
automatically record it in the national patent register.
Article 69:
As from the date of publication of the administrative decision authorizing the ex officio
exploitation of a patent, any qualified person may ask to be granted an exploitation licence,which shall be referred to as an 'ex officio licence'.
The procedure for requesting and issuing such a licence shall be established by regulation.An ex officio licence shall be granted on specific terms, particularly in respect of its duration
and scope.
The royalties to which it gives rise shall be left to the parties to agree upon between
themselves.  Alternatively, should they fail to reach an agreement, the amount shall be
established by the competent tribunal.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 8
The licence shall take effect on the date of notification of the act granting it to the parties.
This act shall be automatically recorded in the national patent register.
The licence may only be non-exclusive.  The rights attached to an ex officio licence may not
be assigned, transferred or mortgaged.
Article 70:
Amendments to licence clauses requested by the patent owner or the licence holder shall be
decided and published in accordance with the procedure prescribed for the granting of the
licence.  If they concern the amount of royalties, they shall be decided in accordance with theprocedure laid down for the initial establishment of that amount.
Withdrawal of the licence requested by the pa tent owner for the non-fulfilment of obligations
imposed on the licence holder shall be effected in accordance with the provisions of the
regulation mentioned in Article 69.
Article 71:
The competent administration may give the owners  of patents, other than those mentioned in
Article 67 above, formal notice to exploit them in such a way as to meet the needs of the
national economy.
Article 72:
The decision to give notice under Article 71 above must be reasoned and communicated to
the patent owner and, where appropriate, the licence holders entered in the national patent
register or their agent.
Article 73:
If the notice for which Article 71 above provides has not had any effect one year after being
received and if the lack of exploitation or the insufficient quality or quantity of exploitation isseriously prejudicing economic development and the public interest, the patents forming the
subject of the notice may be exploited ex officio.
Ex officio exploitation shall be authorized by an administrative act.
The period of one year for which the first paragraph of this Article provides may be extended
by administrative act of the competent administrative authority where the patent owner can
offer a legitimate excuse compatible with the requirements of the national economy.
The additional period for which the preceding paragraph provides shall run from the date of
expiration of the aforesaid one-year period.  The decision according this extension shall be
taken and notified in accordance with the procedure and in the form specified for the decision
to give notice.
Article 74:
Where by virtue of the provisions of the first and second paragraphs of Article 73 above
patents are exploited ex officio, the provisions of Articles 68 to 70 above shall apply."IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 9
B. COPYRIGHT AND RELATED RIGHTS
2. Please state how your legislation provides for the protection of the exclusive rights of
authors in relation to their literary and artistic  works, as specified in Article 9 of the TRIPS
Agreement which requires Members to comply with  Articles 1-21 of the Berne Convention and
the Appendix to the B erne Convention (1971)).
Article 1 of Law No. 2-00 of 15 February 2000 on Copyright and Related Rights gives the
meanings of the terms used in that Law and their variants.
Article 3 gives a non-exhaustive list of the literary and artistic works that are original
intellectual creations protected under the copyright legislation.
Where economic rights are concerned, Article 10 accords the author of a work the exclusive
right to deliver his work to the public, that is to say to perform or authorize various acts, to the
exclusion of those subject to the limitation of economic rights.
The author may also exercise his moral rights under Article 9 and has the right to claim
authorship of the work, to remain anonymous or to use a pseudonym and, in general, to object to any
derogatory action in relation to his work that would be prejudicial to his honour or reputation.
With regard to unprotected works, the Law does not extend its protection to official texts of a
legislative, administrative or judicial nature or official translations thereof, news of current events,
ideas, processes, systems, operating methods, concepts, principles, discoveries or mere data, even if
set out, described, explained, illustrated or incorporated in a work (Article 8).
Finally, it should be noted that Law No. 2-00 of 15 February 2000 complies with the
provisions of the Berne Convention to which Morocco has been party since 16 June 1917 and whose
latest revision it ratified on 17 February 1987 (Paris Act of 24 July 1971).
3. Please describe the protection accorded to authors of computer programs, databases or
compilations of data.
The Law protects computer programs on the same basis as other literary creations (Article 3).
The term of protection for computer programs is 25 years from the making of the work.
However, it should be pointed out that Article 58 on the applicability of international
conventions stipulates that:
"The provisions of an international treaty concerning copyright and related rights to which the
Kingdom of Morocco is party shall be applicable to the cases for which this Law provides.
Should the provisions of this Law conflict with those of an international treaty to which the
Kingdom of Morocco is party, the provisions of the international treaty shall apply".
"Databases" are defined in Article 1 of the Law.
Databases are also included among the works protected, the list given in Article 3 being non-
exhaustive.
4. Please state whether your legislation provides for a rental right and, if so, the works to
which it applies.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 10
The author has the exclusive right to rent or authorize the rental or lending to the public of the
original or a copy of his audiovisual work, his work incorporated in a phonogram, a computer
program, a database or a musical work in graphic form (score), whoever the proprietor of the original
or the copy rented or lent to the public (Article 10(d)).
It should be noted that the above-mentioned rental and lending rights do not apply to the
rental of computer programs where the program itself is not the essential object of the rental
(Article 10, last paragraph).
5. Please describe the rights granted to performers, producers of phonograms (sound
recordings) and broadcasting organizations under your legislation.
The rights of performers, producers of phonograms and broadcasting organizations (related
rights) are protected under the provisions of Articles 50 to 59 of the Law.
The chapters included in this part of the Law concern authorization rights, fair remuneration
for the use of phonograms, free uses and the term of protection.
6. Please state whether your legislation provides  for any limitation or exception in relation
to each of the rights described above in acco rdance with the relevant provisions of the Berne
and Rome Conventions and in light of Articles 13 and 14.6 of the TRIPS Agreement.
In the case of copyright, the Law provides for the limitation of economic rights (Articles 12 to
24) in respect of free reproduction for private purposes, temporary reproduction, free reproduction in
the form of quotations, free utilization for teaching, free reprographic reproduction by libraries and
archive services, the depositing of reproduced works in official archives, free utilization for judicialand administrative purposes, free utilization for informatory purposes, the free utilization of images of
works located permanently in public places, the free reproduction and adaptation of computer
programs, free ephemeral recordings by broadcasting organizations, free public performances (official
events or religious ceremonies, activities of educational establishments), and importation for personal
purposes.
With regard to related rights, the reporting of current events, reproduction solely for scientific
research purposes, reproduction in the context of educational activities, and quotations in the form of
short excerpts are permitted without the authorization of the right holders and without the payment of
remuneration (Article 54).
There is also provision for the free utilization of performances once the performer has
authorized the incorporation of his performance in a fixation of images or sounds and images
(Article 55).
With regard to free utilization by broadcasting organizations, authorization is likewise not
required – with certain reservations – where the fixation or reproduction is made by the broadcastingorganization by means of its own facilities  and for its own broadcasts (Article 56).
Finally, it should be noted that the fifth part of the Law deals with its scope and application.The provisions of the Law relating to the protection of literary and artistic works apply to
works which have a right to protection under an international treaty to which the Kingdom of
Morocco is party (Article 66, last paragraph).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 11
The provisions of the Law also apply to performances, phonograms and broadcasts protected
under international conventions to which the Kingdom of Morocco is party (Article 67, last
paragraph).
7. Please state the terms of protection of each right described above and the work or
subject matter to which it applies.
Protection under the Law begins with the creatio n of the work, even if not fixed on a physical
medium.
The protected rights concern the economic rights of the author who may, in general, claim
them throughout his life and for 50 years after his death.
The author also enjoys moral rights, even after the transfer or expiry of his economic rights.
These moral rights are perpetual, imprescriptible, inalienable and transferable to the successors in title
at death.
8. Please state how your legislation grants the retroactive protection provided pursuant to
Article 18 of the Berne Convention (the obligatio n of which derives from Article 9 of the TRIPS
Agreement) and Article 14.6 of the TRIPS Agreement.
Under Article 69, the Law applies to works, performances, phonograms and broadcasts
which, at the time of its entry into force, were not yet in the public domain owing to the expiry of the
term of protection to which they were subject under the previous legislation or the legislation of their
country of origin.
The legal consequences of instruments and contracts executed or stipulated before the entry
into force of the law remain wholly intact and unaffected.
C. TRADEMARKS
9. Please give the definition of a sign under your national legislation and explain under
what conditions it is protectable.
Law No. 17-97 on the Protection of Industrial Property provides as follows:
"Article 133:
For the purposes of this Law, a trademark or service mark is a sign capable of graphic
representation used to distinguish the goods or services of a natural or legal person.
The following, in particular, may constitute such a sign:(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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 12
Article 134:
The distinctiveness of a sign capable of constituting a trademark must be assessed in relation
to the goods or services designated.
The following lack distinctiveness:(a) Signs or denominations which, in common or business parlance, are exclusively the
necessary, generic or usual designation of the product or service;
(b) signs or denominations that can be used to designate a characteristic of the product or
service, and in particular the kind, quality, quantity, purpose, value, geographical
origin or time of production of the product or provision of the service;
(c) signs constituted exclusively by shapes imposed by the nature or function of the
product or conferring on the latter its substantive value.
Article 135:
A sign may not be adopted as a mark or element of a mark if:
(a) It reproduces an effigy of His Majesty the King, or that of a member of the Royal
Family, the armorial bearings, flags, insignia or official emblems of the Kingdom or
of other countries members of the Paris Union, the acronyms or denominations of the
United Nations Organization or international organizations adopted by the latter or
those that are already the subject of international agreements in force intended toensure their protection, national or foreign decorations, and Moroccan or foreign
metal coins or fiduciary money, as well as any imitation of an heraldic nature.
These signs may, however, be registered by the agency responsible for industrial
property matters, subject to production of the authorization of the competent
authorities.
(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.
Article 136:
Natural or manufactured products bearing, on the product itself or on the packages, crates,
bales, wrappers or labels, a mark, name, sign, imprint, label or decorative motif comprising a
reproduction or drawing of signs specified in Article 135(a) above shall be prohibited fromentering the territory of the Kingdom and may not be admitted under the economic customs
procedures or placed in circulation, otherwise than upon production of a permit issued by the
competent authorities.
Article 137:
A sign that infringes prior rights may not be adopted as a mark, in particular where it
infringes:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 13
(a) A mark previously registered or we ll-known within the meaning of Article 6 bis of the
Paris Convention for the Protection of Industrial Property;
(b) a denomination or company name, if there is a risk of confusion in the mind of the
public;
(c) a trade name or sign known throughout the national territory, if there is a risk of
confusion in the mind of the public;
(d) a protected appellation of origin;
(e) rights protected by the Law on the Protection of Literary and Artistic Works;
(f) rights deriving from a protected industrial design;(g) a third party’s personality rights, in particular to his family name, pseudonym or
image;
(h) the name, image or reputation of a territorial authority.Article 138:
The nature of the goods or services to which the mark is to be applied shall in no case form an
obstacle to the registration or validity of that mark.
Article 139:
A mark may be collective or individual.  A trademark or service mark shall be optional,
subject to legal provisions to the contrary."
10. Please confirm whether or not services are a protectable subject matter in your
trademark law. Please confirm if signs, such as trade names, are protectable.  Please describe if
elements such as sound, perfumes and containers are protectable.
Yes, service marks are protected by Law No. 17-97 in the same way as trademarks and, in
particular, under Article 1 of the Law, which reads:
"For the purposes of this Law, the protection of industrial property shall have as its subject-
matter patents for invention, layout-designs (topographies) of integrated circuits, industrial
designs, trademarks, service marks, trade names, and indications of source and appellations of
origin, as well as the prevention of unfair competition."
Similarly, the first paragraph of Article 133 stipulates that:"For the purposes of this Law, a trademark or service mark is a sign capable of graphic
representation used to distinguish the goods or services of a natural or legal person."
With regard to trade names, Law No. 17-97 provides as follows:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 14
"Article 1:
For the purposes of this Law, the protection of industrial property shall have as its subject-
matter patents for invention, layout-designs (topographies) of integrated circuits, industrialdesigns, trademarks, service marks, trade names, and indications of source and appellations of
origin, as well as the prevention of unfair competition."
"Article 177:
A trade name is a distinctive appellation or a distinctive sign under which an enterprise
operates.
Article 178:
A name or designation which, by virtue of its nature or the use to which it may be put, is
contrary to morality and public order, or which might mislead trade circles or the public as tothe nature of the enterprise thus designated, may not constitute a trade name.
Article 179:
Trade names, whether or not they form part of a mark, shall be protected by the provisions of
Law 15-95 Establishing a Commercial Code against any subsequent use thereof by a third
party, whether it be in the form of a trade name, trademark or service mark, if there is a risk of
confusing the public."
Likewise, under the provisions of Article 133 (b) of Law No. 17-97, figurative signs such as
drawings, holograms and shapes, in particular the shape of the product or its packaging, may
constitute a mark.
However, the Law does not provide tradem ark protection for sounds or perfumes.
11. Please explain what the requirements of use are, if any, as a condition for a trademark
registration.  Please explain the definition of use and the conditions of maintenance of aregistration in that respect.
Law No. 17-97 does not provide for use of the mark as a condition for registration.  In
accordance with Article 140 of the Law, ownership of the mark is acquired by registration:
"Article 140:
Ownership of a mark is acquired by registration.  A mark may be acquired in co-ownership."
Failure to use a mark may result in its owner forfeiting his rights.  Thus, Articles 163 and 164
of Law No. 17-97 provide as follows:
"Article 163:
The owner of a mark who, without good cause, fa ils to make serious use of it, for goods or
services covered by the registration, during an uninterrupted period of five years shall be
liable to forfeit his rights.
Such use shall include:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 15
(a) Use made with the consent of the owner of the mark or, for collective marks, in
accordance with the terms of the regulations;
(b) use of the mark in a modified form without changing its distinctive character;
(c) affixing the mark to goods or their pack aging, exclusively with  a view to export.
An action for forfeiture may be brought by any interested party.  If the complaint relates only
to part of the goods or services covered by the registration, the forfeiture shall extend only to
the products or services concerned.
Serious use of the mark begun or resumed subsequent to the five-year period specified in the
first paragraph of this article shall not constitute an obstacle thereto if undertaken within the
three months preceding the action for forfeiture and after the owner became aware of the
possibility of an action for forfeiture.
It shall be the responsibility of the owner of the mark against whom the action for forfeiture is
brought to prove that the mark has been used.  Such proof may take any form.
Forfeiture shall be effective from the expiration of the five-year period specified in the first
paragraph of this article.  It shall have unconditional effect.
Article 164:
The owner of a mark that has become by his doing:(a) The usual designation in trade for the product or service;(b) liable to mislead the public, in particular as to the nature, quality or geographical
origin of the product or service;
shall also be liable to forfeit his rights."
12. Please confirm whether or not your legislation permits that the registration of
trademarks be indefinitely renewable.
In accordance with the provisions of Law No. 17-97, the registration of a mark produces its
effects for a period of ten years renewable indefinitely.  Thus, Article 152 provides as follows:
"Article 152:
The registration of a mark shall produce its effects from the filing date for a period of ten
years renewable indefinitely.  It may be renewed on the same terms and conditions as
provided for in Section II of Chapter II of this Title.  The registration should be renewed
within the six months preceding the expiration of its period of validity.
However, a grace period of six months starting from the expiration of the period of validity
shall be accorded to the applicant for the purpose of effecting the said renewal.  The renewal
period shall run from the expiration of the period of validity of the registration.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 16
If the request for renewal relates to only some of the goods or services covered by the
registration, the registration of the mark shall be renewed solely for the goods or services in
question.
The registration of a mark may be renewed if the renewal does not involve any modification
of the design of the mark or any extension to goods or services other than those specified in
the initial application for registration of the mark.
In the event of any modification of the sign or extension of the list of goods or services
specified a new application must be filed."
13. Please describe the special requirements, if any, prescribed by your legislation
concerning the use of a trademark.
In accordance with Article 163 of Law No. 17-97 (see the reply to question 11), the owner of
a mark who, without good cause, fails to make serious use of it, for goods or services covered by theregistration, during an uninterrupted period of five years shall be liable to forfeit his registration.
D. G
EOGRAPHICAL INDICATIONS
14. Please explain whether or not your trademark registration authority refuses a
trademark application if it contains a geographical indication.
Article 137 of Law No. 17-97 stipulates that:
"A sign that infringes prior rights may not be adopted as a mark, in particular where it
infringes:
(a) A mark previously registered or we ll-known within the meaning of Article 6 bis of the
Paris Convention for the Protection of Industrial Property;
(b) a denomination or company name, if there is a risk of confusion in the mind of the
public;
(c) a trade name or sign known throughout the national territory, if there is a risk of
confusion in the mind of the public;
(d) a protected appellation of origin
(e) rights protected by the Law on the Protection of Literary and Artistic Works;
(f) rights deriving from a protected industrial design;(g) a third party’s personality rights, in particular to his family name, pseudonym or
image;
(h) the name, image or reputation of a territorial authority."Moreover, under the second paragraph of Article 161 of Law No. 17-97:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 17
"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."
15. Please give the definition of a geographical indication in your legislation.
Law No. 17-97 protects geographical indications as indications of source and appellations of
origin.  Thus, Articles 180 and 181 define these two terms as follows:
"Article 180:
The term 'indication of source' means an expression or sign used to indicate that a product or
service comes from a country or group of countries, or from a region or specific place.
Article 181:
An appellation of origin is the geographical name of a country, region or locality used to
designate a product originating therein whose quality, reputation or other specified
characteristics are exclusively or essentially attributable to the geographical environment,
including natural and human factors."
16. Please describe and explain the provisions of your legislation establishing a link, if any,
between the characteristics of an indication and its geographical origin.
It follows from the provisions of Article 180 reproduced in the reply to question 15 above that
the links existing between the characteristics of a gi ven indication and its geographical origin form a
unified concept.
17. Please describe how additional protection is granted by your legislation to wines and
spirits.  Please mention other types of products, if any, covered by this additional protection.
Law No. 17-97 does not provide additional protection for wines and spirits.
18. Please explain how exceptions under Article 24 of the TRIPS Agreement are used in
your jurisdiction.  Please provide examples of the use of the exceptions by courts or lists of
names considered as generic in your jurisdiction.
The Moroccan courts have never heard, or ruled on, cases involving exceptions under Article
24 of the TRIPS Agreement.
E. INDUSTRIAL DESIGNS
19. Please explain whether or not your legislat ion extends to the protection of designs
dictated essentially by technical or functional considerations.  Please explain how textile designsare protected.
Article 104 of Law No. 17-97 reads as follows:
"For the purposes of this Law, an industrial design means any arrangement of lines or colours
or any three-dimensional shape, whether or not associated with lines or colours, provided that
this arrangement or shape gives a special appearance to an industrial or craft product and can
serve as a model for the manufacture of an industrial or craft product.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 18
An industrial design must differ from similar designs by having either a distinct and
recognizable configuration conferring novelty or one or more outward effects giving it a new
and characteristic appearance."
Moreover, industrial designs benefit from the protection conferred by Law No. 17-97 under
the provisions of that Law concerning industrial designs as such.
20. Please explain how your legislation protects right holders of a design against importing
of articles bearing embodied or copied design.
Articles 123 and 124 of Law No. 17-97 provide as follows:
"Article 123:
Any creator of an industrial design or his successors in title shall have the exclusive right to
exploit the design, sell it or have it sold in  accordance with the provisions of this Law,
without prejudice to the rights conferred by other statutory provisions and in particular the
legislation relating to the protection of literary and artistic works.
Article 124:
The registration of an industrial design shall confer on its owner the right to prohibit third
parties from performing the following acts:
(a) The reproduction of the industrial design with a view to its exploitation;(b) the importation, offering for sale or sale of a product reproducing the protected
industrial design;
(c) the stocking of such a product for the purpose of offering it for sale or selling it.The acts referred to in subparagraph (a) above shall not be made lawful merely by the fact
that the reproduction presents minor differences with respect to the protected industrial design
or relates to another kind of product."
21. Please state whether or not your legislation provides for the right to issue a compulsory
licence for industrial designs.
Law No. 17-97 does not contain provisions concerning compulsory licences for industrial
designs.
22. Please indicate for what period of time your legislation grants protection for industrial
designs.
Articles 122 and 129 of Law No. 17-97 provide as follows:
"Article 122:
The registration of an industrial design shall produce its effects for five years from the filing
date.  It may be renewed on the same terms and conditions as laid down in Chapter III of thisIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 19
Title for two further consecutive five-year periods.  The registration should be renewed within
the six months preceding the expiration of its period of validity.
However, a grace period of six months starting from the expiration of the period of validity
shall be accorded to the applicant for the purpose of effecting the said renewal.  The renewal
period shall run from the expiration of the period of validity of the registration."
"Article 129:
The exclusive right of exploitation attached to an industrial design protected by this Title shall
terminate upon the expiration of a maximum period of 15 years from the initial filing date."
F. PATENTS
23. Please describe how your legislation defines the notions of: novelty, inventiveness and
industrial application.
Law No. 17-97 on the Protection of Industrial Property contains the following relevant
provisions:
"Article 22:
Any new invention that involves an inventive step and is capable of industrial application
may be patented."
"Article 26:
An invention shall be considered new if it is not included in the state of the art.The state of the art comprises everything that has been made accessible to the public by
written or oral description, use or any other means prior to the filing date of the patent
application in Morocco or of a patent application filed abroad whose priority has been validly
claimed.
By way of derogation from the provisions of this Article, the disclosure of the invention shall
not be taken into account in the following two cases:
(1) If it occurs during the six months preceding the filing of the patent application;
(2) if it results from the publication, after the filing date, of a prior patent application and
if, in either case, it results directly or indirectly
(a) from an obvious abuse of the rights of the applicant or his predecessor in title;
(b) from the fact that the invention was displayed for the first time by the
applicant or his predecessor in title in an official or officially recognized
international exhibition, organized on the territory of one of the countries 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 20
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."
24. Please explain whether or not in your legislat ion, patent or otherwise, patent rights are
enjoyed without any exclusions.  If exclusions a re provided for, please describe in detail how
these exclusions are applied in legal as well as practical terms.
Law No. 17-97 on the Protection of Industrial Property contains the following relevant
provisions:
"Article 16:
Any invention may form the subject of a document of title to industrial property issued by the
agency responsible for industrial property matters.  This document shall confer on its holderor his successors in title an exclusive right to exploit the invention.  The right in the document
of title to industrial property shall belong to the inventor or his successors in title, subject to
the provisions of Article 18 below.
If several persons make an invention independently of each other, the right in the document of
title to industrial property shall belong to the one who can show that he was the first to file."
"Article 51:
The rights attached to a patent application or a patent for invention shall take effect from the
date of filing of the patent application and shall confer on their holder or his successors in title
the exclusive right of exploitation referred to in the first paragraph of Article 16 above.
Article 52:
The scope of the protection conferred by a patent shall be determined by the wording of the
claims.  However, the description and drawings may be used to interpret the claims.
If the subject-matter of the patent is a process, the protection conferred by the patent shall
extend to the product obtained directly by that process."
"Article 55:
The rights conferred by a patent shall not extend to:(a) Acts performed in a private environment and for non-commercial purposes;
(b) acts performed for experimental purposes relating to the subject-matter of the
patented invention;IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 21
(c) the extemporaneous preparation of medici nes by pharmacies in individual doses, on a
doctor’s prescription, and acts relating to medicines thus prepared;
(d) acts relating to the product covered by the patent performed on Moroccan territory
after the product has been introduced into commerce in Morocco by the patent owner
or with his express consent;
(e) the utilization of patented subject-matter on board aircraft, land vehicles or ships of
countries members of the International Union for the Protection of Industrial Property
which enter Moroccan airspace, territory or territorial waters temporarily or
accidentally;
(f) acts performed by anyone who, in good faith, on the filing date of the application or,
where priority is claimed, on the priority date of the application on the basis of which
the patent was issued in Moroccan territory was using the invention or making
effective and serious preparations for using it, insofar as the said acts do not differ, innature or purpose, from the prior effective or contemplated use.  The right of the prior
user may only be transferred with the enterprise to which it is attached."
25. Please explain whether your legislation prov ides for the exclusion of inventions from
patentability based on ordre public or morality.  If so, please explain the relevant section ofyour legislation and explain its formulation.  Please also explain if it has been applied in
practice.
Article 24 of Law No. 17-97 reads as follows:
"The following shall not be patentable:
(a) Inventions the publication or application of which would be contrary to public order
or morality".
The provisions of subparagraph (a) of this article are currently applicable.
Moreover, morality is generally defined as behaviour or acts that globally respect the
principles of social relations, taking religious prin ciples into account.  For example, indecent drawings
are considered contrary to morality.
Thus, the notion of public order should be interpreted broadly and covers everything that
might have the effect of disturbing public order in general.  Clearly, it is not easy to draw up an
exhaustive list of what is meant by public order.
26. Please explain whether or not diagnostic, therapeutic and surgical methods are excluded
from patentability in your legislation. If so, please explain the relevant section of your legislationand explain its formulation.
Article 25 of Law No. 17-97 reads as follows:
"Diagnostic, therapeutic and surgical methods for the treatment of humans or animals shall
not be considered inventions capable of industrial application pursuant to Article 22 above.
This provision shall not apply to products, and in particular substances or compositions, used
to put such methods into practice."IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 22
The effect of these provisions is to exclude from patentability the utilization, for therapeutic
purposes, of a substance or composition already known for its therapeutic or diagnostic applications.
Thus, anyone who developed a new therapeutic effe ct of a known medicine would not be able to
patent his invention.
27. Please explain whether or not plants, animals and essentially biological processes are
excluded from patentability in your legislation. If so, please explain the relevant section of your
legislation and explain its formulation.
Article 24(b) of Law No. 17-97 provides as follows:
"The following shall not be patentable:
(…)(b) new varieties of plants, which are subject to the provisions of Law No. 9-94 on the
Protection of New Varieties of Plants."
The provisions of subparagraph (b) of this article will be applicable from the entry into force
of Law No. 17-97, which will take place six months after the publication of the texts adopted for its
implementation and, in particular, the implementing decree.
Moreover, new plant varieties are protected by Law No. 9-94 on the Protection of New
Varieties of Plants.
Law No. 17-97 does not provide protection for essentially biological processes.
28. Please describe how micro-organisms, non-essentially biological processes,
microbiological processes and plant varieties are protected in your legislation. Please explain, in
this respect, the relevant sections of your legislation.
At present, the national legislation does not provide protection for micro-organisms.
With regard to essentially biological and microbiological processes, the reply to question 27
above applies.
29. Please explain how your legislation protects  patent right holders against the importing
and against the offering for sale of a patented invention.
Articles 51 to 54 of Law No. 17-97 read as follows:
"Article 51:
The rights attached to a patent application or a patent for invention shall take effect from the
date of filing of the patent application and shall confer on their holder or his successors in title
the exclusive right of exploitation referred to in the first paragraph of Article 16 above.
Article 52:
The scope of the protection conferred by a patent shall be determined by the wording of the
claims.  However, the description and drawings may be used to interpret the claims.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 23
If the subject-matter of the patent is a process, the protection conferred by the patent shall
extend to the product obtained directly by that process.
Article 53:
The following shall be prohibited, save with the consent of the patent owner:
(a) Making, offering, putting on the market or using a product that forms the subject-
matter of a patent, or importing or stocking that product for such purposes;
(b) using a process that forms the subject-matter of a patent or – if the third party
involved is aware or if the circumstances make it clear that the use of the process is
prohibited without the consent of the patent owner – offering the use of such a
process within Moroccan territory;
(c) offering, putting on the market or using a product obtained directly by a process
which forms the subject-matter of a patent, or importing or stocking such a product
for these purposes.
Article 54:
It is also prohibited, without the consent of the owner of the patent, to supply or offer to
supply within Moroccan territory, to any person other than the person authorized to exploit
the patented invention, the means for putting such invention to use within that territory with
respect to an essential element of the invention, if  the third party involved is aware, or if the
circumstances make it clear, that such means are suitable and intended for putting thatinvention to use.
The provisions of the foregoing paragraph sh all not apply if the means for putting the
invention to use are products that are commercially available on a regular basis, unless the
third party incites the person to whom he delivers such means to commit the acts prohibited
by Article  53 above.
Persons who engage in the activities referred to in Article 55 below are not considered to be
persons authorized to exploit the invention in the sense of the first paragraph above."
30. Please state if your legislation provides for patent product protection of pharmaceutical
and agricultural chemical products.  In the a ffirmative, please indicate the legal reference.
Article 21 of Law No. 17-97 stipulates that:
"The invention may relate to products, to processes or to any new application or combination
of known methods, for the purpose of attaining a result not previously attainable by state-of-the-art means.
The invention may also pertain to pharmaceutical compositions, pharmaceutical products or
remedies of any kind, including processes and devices used in the preparation thereof."
31. Please clarify if the patent protection of a process, as provided for in your legislation,
covers the product obtained directly by that process.
Pursuant to Article 52 of Law No. 17-97:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 24
"The scope of the protection conferred by a patent shall be determined by the wording of the
claims.  However, the description and drawings may be used to interpret the claims.
If the subject-matter of the patent is a process, the protection conferred by the patent shall
extend to the product obtained directly by that process."
32. Please explain the additional conditions, if any, in your legislation other than the
sufficient disclosure of the invention in Articl e 29 of the TRIPS Agreement (e.g. submission of
justification for access to genetic material or prio r inform consent to its use).  If such additional
conditions exist, please point out the relevant legislations and describe the additional conditionsin detail.
Articles 34 to 38 of Law No. 17-97 read as follows:
"Article 34:
The description of the invention shall include:(1) The technical field to which the invention relates;
(2) the prior state of the art known to the applicant that might help with the understanding
of the invention;
(3) an account of the invention as characterized in the claims enabling the technical
problem and the solution provided by the invention to be understood, with anexplanation, where appropriate, of the advantages of the invention with respect to the
prior state of the art;
(4) a brief description of the drawings, if any;(5) a detailed account of at least one method of implementing the invention, in principle
with the use of examples and references to the drawings, if any;
(6) a statement as to how the invention is capable of industrial application, if this is not
already clear from the description or the nature of the invention.
The description of the invention must be sufficiently clear and complete for it to be carried
out by a person skilled in the art.
Article 35:
The claims shall define the subject-matter for which protection is sought, indicating the
technical characteristics of the invention.  Except where absolutely necessary, for the purpose
of expressing the technical characteristics of the invention a claim may not be based on mere
references to the description or the drawings.
Article 36:
The title must characterize the subject-matter of the invention.  It must indicate clearly and
concisely the technical designation of the invention and may not include any fanciful
denomination.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 25
Article 37:
The patent application must not contain:
(1) Elements or drawings whose publication or implementation would be contrary to
public order or morality;
(2) disparaging statements concerning the products or processes of third parties or the
merits or validity of third-party patent applications or patents.  Mere comparisons
with the state of the art shall not in themselves be considered disparaging;
(3) elements clearly irrelevant to the description of the invention.A patent application may not contain restrictions, conditions or reservations.
Article 38:
A patent application may cover only one invention or a group of inventions so interrelated as
to constitute a single general inventive concept."
33. Please describe if your legislation provides for limited exceptions to the exclusive rights
conferred by a patent.  If affirmative, please make a reference to relevant legislation.
According to Article 55 of Law No. 17-97:
"The rights conferred by a patent shall not extend to:
(a) Acts performed in a private environment and for non-commercial purposes;(b) acts performed for experimental purposes relating to the subject-matter of the
patented invention;
(c) the extemporaneous preparation of medici nes by pharmacies in individual doses, on a
doctor’s prescription, and acts relating to medicines thus prepared;
(d) acts relating to the product covered by the patent performed on Moroccan territory
after the product has been introduced into commerce in Morocco by the patent owneror with his express consent;
(e) the utilization of patented subject-matter on board aircraft, land vehicles or ships of
countries members of the International Union for the Protection of Industrial Property
which enter Moroccan airspace, territory or territorial waters temporarily oraccidentally;
(f) acts performed by anyone who, in good faith, on the filing date of the application or,
where priority is claimed, on the priority date of the application on the basis of which
the patent was issued in Moroccan territory was using the invention or makingeffective and serious preparations for using it, insofar as the said acts do not differ, in
nature or purpose, from the prior effective or contemplated use.  The right of the prior
user may only be transferred with the enterprise to which it is attached."IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 26
34. Please explain whether or not your legislatio n provides for compulsory licensing. If so,
please explain in detail the conditions under which a compulsory licence may be granted.  In
particular, please explain how your national le gislation considers individual merits in the
authorization of such use.
Articles 60 to 66 of Law No. 17-97 deal with compulsory licensing and incorporate the same
principles as Article 31 of the TRIPS Agreement.  These articles provide as follows:
"Sub-section II.  Compulsory licences
Article 60:
Any natural person or legal person in public or private law may, three years after the issuance
of the patent or four years after the date of filing the application for a patent, obtain from the
court a compulsory licence in respect of that patent, in accordance with Articles  61 and 62
below, if at the time of the request and in the absence of legitimate excuses, the owner of the
patent or his successor in title:
(a) Has not begun to exploit, or has not made effective and serious preparations to
exploit, the invention covered by the patent within the territory of the Kingdom 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) has abandoned the exploitation or marketing of the patent in Morocco more than three
years previously.
Article 61:
An application for a compulsory licence must be filed with the court.  It must be accompanied
by a justification stating that the applicant has been unable to obtain an exploitation licence
from the owner of the patent on an amicable basis, and in particular on reasonable commercialterms and conditions, and that the applicant is in a position to exploit the invention in such a
way as to meet the needs of the Moroccan market.
Article 62:
A compulsory licence may not be an exclusive licence.A compulsory licence must be issued predominantly for the supply of the Moroccan market.A compulsory licence is granted pursuant to conditions established by the court, in particular
with respect to its duration and scope, which shall be limited to the purpose for which the
licence is granted, and with respect to the royalties to which it gives rise.  These royalties
shall be determined on a case by case basis, taking into account the economic value of the
licence.
The court may amend these conditions at the request of the owner or the licensee.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 27
Article 63:
If the circumstances that led to the granting of the compulsory licence cease to exist and it
appears unlikely that they will recur, the e xploitation licence may be withdrawn provided that
the legitimate interests of the licensees are ad equately protected.  Upon motivated request of
any interested party, the court may review the continued existence of these circumstances.  If
the owner of a compulsory licence fails to abide by the conditions pursuant to which the
licence was granted, the owner of the patent and, if applicable, the other licensees may have
the court withdraw the licence.  Any transfer of the rights attached to a compulsory licence
shall be submitted to the court for its approval, on pain of nullity.
Article 64:
Once judicial decisions taken pursuant to the present sub-section become final, the clerk’s
office shall give notice thereof to the agency responsible for industrial property, which shall
enter them in the national patent register.
Article 65:
In the absence of an amicable agreement, the court may, pursuant to Articles  60 to 62 above,
grant the holder of a compulsory licence a patent of addition to the patent itself, even if suchpatent of addition is issued before the expiry of the periods referred to in Article 60 above.
Article 66:
If an invention protected by a patent cannot be exploited without infringing the rights attached
to an earlier patent for which the owner refuses to grant an exploitation licence on reasonable
commercial terms and conditions, the owner of the later patent may obtain a compulsory
licence from the court pursuant to the same conditions as set forth in Articles  60 to 62 above,
provided:
(a) The invention claimed in the later patent involves an important technical advance of
considerable economic significance in relation to the invention claimed in the earlierpatent;
(b) the owner of the earlier patent is entitled to a cross-licence on reasonable terms to use
the invention claimed in the later patent;  and
(c) the licence in respect of the earlier patent is non-assignable except with the
assignment of the later patent."
It follows from these articles that the conditions laid down must necessarily be fulfilled by
any natural person or legal person in public or private law wishing to obtain a compulsory licence forthe exploitation of an invention patented in Morocco.  These conditions are set out in the
aforementioned articles, in particular in Article 60.
35. Please explain how your legislation explicitly ensures that a proposed user has made
efforts to obtain authorization from the righ t holder on reasonable commercial terms and
conditions and that such efforts have not been successful within a reasonable period of time.  In
this context, how do you define "reasonable period of time".  Please also explain how your
legislation ensures that the use of a compulsory  licence shall be author ized predominantly for
the supply to the domestic market of the Member authorizing such use.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 28
Articles 61 and 62 of Law No. 17-97 stipulate that:
"Article 61:
An application for a compulsory licence must be filed with the court.  It must be accompanied
by a justification stating that the applicant has been unable to obtain an exploitation licence
from the owner of the patent on an amicable 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 62:
A compulsory licence may not be an exclusive licence.
A compulsory licence must be issued predominantly for the supply of the Moroccan market.
A compulsory licence is granted pursuant to conditions established by the court, in particular
with respect to its duration and scope, which shall be limited to the purpose for which the
licence is granted, and with respect to the royalties to which it gives rise.  These 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."
The provisions on compulsory licensing are intended to sanction misuse of the patent by the
owner who, while not exploiting the patent hi mself, refuses to grant a licence for it.
Thus, any interested natural person or legal person in public or private law must file an
application with the court in order to obtain a compulsory licence.
However, this application must be accompanied by a statement showing that the applicant has
been unable to obtain an exploitation licence from the patent owner on an amicable basis, and 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.
The evaluation of the aforementioned commercial terms and conditions is a matter for the
court which may rule on this issue if the patent owner claims that they are in fact reasonable or the
applicant claims that they are not.
This is the basis for the provisions concerning the granting of compulsory licences in the third
paragraph of Article 62 above.
Moreover, a compulsory licence must be issued predominantly for the supply of the
Moroccan market, as stated in the second paragraph of Article 62.
36. Please state if your legislation grants addi tional protection for innovations after the
20 years of patent protection has lapsed.
Law No. 17-97 does not provide for an additional term of protection for patents.  Thus,
Article 17 of the Law reads as follows:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 29
"The documents of title to industrial property protecting inventions are:
(a) Patents for invention issued for a term of protection of twenty years from the filing
date of the patent application;
(b) patents of addition, which are ancillary documents of title for inventions whose
subject-matter is linked to at least one claim of a main patent.  Patents of addition are
granted for a term which takes effect from the filing date of the corresponding
application and expire with the main patent to which they are linked."
37. Please explain how your legislation provide s for the enhanced patent protection of
patents or patent applications pending on 1 January 1995.
Patents for which applications had been filed on 1 January 1995 were issued in accordance
with the procedure laid down by the law.
Patents for inventions relating to pharmaceutical products, applications for which were filed
under the "mailbox" system established pursuant to Article 70.8 of the TRIPS Agreement, will be
issued in accordance with the procedure laid down by Law No. 17-97 as soon as it enters into effect.
38. Please explain how your legislation provides for the reversal of the burden of proof in
relation to process patents.
When requested by an opposing party, the judicial authorities have the authority to order a
party to the proceedings to produce evidence in his control.
These powers are conferred on the judicial authorities by various provisions, including those
of the Code of Civil Procedure and the Dahir Establishing a Code of Obligations and Contracts.
Thus, Article 55 of the Code of Civil Procedure stipulates that "before ruling on the merits,
the judge may, at the request of both or one of the parties, or ex officio, order an expert study, an
inspection of premises, the establishment of the genuineness of a document or any other investigativemeasure".
Similarly, under Article 435 of the Code of Obligations and Contracts, although the
communication to the other party of commercial ledgers and balance sheets and household records
can only be ordered by the courts in collation, community and partnership cases or in other cases inwhich the books are common to both parties or in the event of bankruptcy, it may be ordered, either
ex officio or at the request of one of the parties, in the course of proceedings and even before any
complaint has been lodged, when justified by sufficient need, though only to the extent required by
that need.
G. L
AYOUT -DESIGNS (TOPOGRAPHIES ) OF INTEGRATED CIRCUITS
39. Please describe how your legislation protects topographies.
Law No. 17-97 mentions layout-designs (topographies) of integrated circuits among the
elements that fall within its protection.  Thus, Article 1 reads as follows:
"For the purposes of this Law, the protection of industrial property shall have as its subject-
matter patents for invention, layout-designs (topographies) of integrated circuits, industrialIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 30
designs, trademarks, service marks, trade names, and indications of source and appellations of
origin, as well as the prevention of unfair competition."
Moreover, other articles read as follows:"Article 90:
For the purposes of this Law:- A layout-design (topography) means the three-dimensional disposition, however
expressed, of the elements, at least one of which is an active element, and of some orall 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 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 theIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 31
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."
Likewise, according to Article 201:
"Any encroachment on the rights of the owner of  a patent, a patent of addition, an integrated
circuit lay-out design (topography) certificate, an industrial design registration certificate or a
trademark or service mark registration certificate, as defined in Articles 53, 54, 99, 123, 124,154 and 155 above, respectively, shall constitute an infringement.
The offer, placing on the market, reproduction, use and stocking with a view to use or placing
on the market of an infringing product, where these acts are performed by a person other than
the manufacturer of the infringing product, shall not render their author liable unless the acts
were performed with full knowledge of the facts."
40. Please explain what protection your national  legislation grants to right holders against
the unlawful importation, sale or distribution for commercial purposes of topographies
including integrated circuits or other articles in which a topography is incorporated in
accordance with Article 36 of the TRIPS Agreement.
Article 99 of Law No. 17-97 reads as follows:
"Article 99:
In the absence of the consent of the holder of the right in the design, the following shall be
prohibited:
(a) The act of reproducing, whether by incorporation in an integrated circuit or
otherwise, a protected layout-design (topography) in its entirety or any part thereof,
except the act of reproducing any part that does not comply with the requirement oforiginality 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 protectedIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 32
layout-design (topography) is incorporated, or an article incorporating such an
integrated circuit only insofar as it continues to contain an unlawfully reproduced
layout-design."
41. Please explain how your legislation provi des for the derogation from Article 36 as
specified in Article 37 of the TRIPS Agreement where a person has no knowledge or reasonable
grounds to know when acquiring an integrated circuit or an article incorporating such an
integrated circuit that it contains an unlawful topography.
Article 100(c) provides as follows:
"Article 100:
The following acts shall not be considered unlawful:
(…)(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 such
act did not know and had no reasonable ground to know, when acquiring theintegrated circuit or article incorporatin g such an integrated circuit, that it
incorporated an unlawfully reproduced layout-design.  After the time that such person
has received sufficient notice that the layout-design was unlawfully reproduced, that
person may perform any of the acts with respect to the stock on hand or ordered
before such time, but shall be liable to pa y to the right holder a sum equivalent to a
reasonable royalty such as would be payable under a freely negotiated licence in
respect of such a layout-design."
42. Please state the term of protection granted by your legislation to topographies.
Law No. 17-97 provides a term of protection of ten years for layout-designs (topographies) of
integrated circuits.  Thus, Article 94 stipulates that:
"Any layout-design (topography) may form the subject of a document of title to industrial
property known as an 'integrated circuit layout-design (topography) certificate'.
Layout-designs (topographies) of integrated circuits shall be protected for a term of ten years
from the application filing date."
H. P
ROTECTION OF UNDISCLOSED INFORMATION
43. Please explain whether or not your legislatio n grants a defined period of time for the
protection of undisclosed information. If so, please give the time span.
There are numerous statutory provisions that  protect undisclosed information without,
however, specifying the duration of that protection.
Thus, Article 18 of the General Civil Service Act and Regulations requires every official to
keep confidential everything concerning facts and information of which he becomes aware during or
in connection with the performance of his duties, irre spective of the confidentiality provisions of the
Criminal Code.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 33
Article 15 of the Code of Criminal Procedure stipulates that:
"During the investigation or inquiry the procedur e shall be confidential.  Anyone participating
in this procedure shall be bound to professional secrecy under the conditions and subject to
the penalties laid down in the Criminal Code."
The Code of Obligations and Contracts also contains various provisions concerning the
relevant obligations of the State and those of its officials and members of the legal service.
Thus, the State is liable for any damage caused directly by the activities of its services or the
administrative errors of their officials (Article 79).  Civil servants are personally liable for any
damage 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 ofauthority (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 judgments,
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 andrefrain from communicating any information taken from the files or publishing documents or letters
concerning an ongoing investigation (Article 36 of  Law No. 1-93-162 Organizing the Practice of the
Profession of Attorney).
With regard to Law No. 17-97 on the Protection of Industrial Property, Articles 18(c), 215,
216, 218 and 221 contain provisions dealing with the protection of undisclosed information and
impose penalties on any act of disclosure of information relating to an invention:
"Article 18(c):
The employee and his employer must communicate to each other all useful information
concerning the invention in question.  They shall disclose nothing that might jeopardize the
exercise of the rights conferred by this Title, in whole or in part."
"Article 215:
The penalties provided for in Articles 213 and 214 above shall be increased to imprisonment
for six months to two years and/or a fine of 100,000 to 500,000 dirhams only if the infringer
is an employee who has worked in the workshops or the establishment of the patentee.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 34
An employee who has entered into association with the infringer after informing him of the
processes described in the patent shall be liable to the same penalties.
The employee may be prosecuted under the provisions of Article 447 of the Criminal Code.
Article 216:
Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications sold
or distributed, offered for sale or displayed in public places or at public meetings, or in bills orposters exposed to public view have given any information, indication or description
whatsoever concerning patents or patents of addition relating to a main patent or integrated
circuit 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 specifically intended for committing the offence."
44. Please explain how your legislation defines undisclosed information.
See reply to question 43 above.
45. Please explain how your legislation de fines data submitted to governments or
governmental agencies.
Article 216 of Law No. 17-97 reads as follows:
"Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications 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 descriptionIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 35
whatsoever 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."
I. ENFORCEMENT
46. Please describe how your legislation provides for effective action against infringement of
intellectual property rights.
"Title VIII: Legal proceedings
Chapter 1: General provisions
Article 201:
Any encroachment on the rights of the owner of a patent, a patent of addition, an integrated
circuit layout-design (topography) certificate, an industrial design registration certificate or a
trademark or service mark registration certificate, as defined in Articles 53, 54, 99, 123, 124,154 and 155 above, respectively, shall constitute an infringement.
The offer, placing on the market, reproduction, use and stocking with a view to use or placing
on the market of an infringing product, where these acts are performed by a person other than
the manufacturer of the infringing product, shall not render their author liable unless the actswere performed with full knowledge of the facts.
Article 202:
The action for infringement may be brought by the owner of the patent, a patent of addition,
an integrated circuit lay-out design (topography) certificate, an industrial design registration
certificate or a trademark or service mark registration certificate.
However, the beneficiary of an exclusive right of use may, unless the licensing agreement
stipulates otherwise, bring an action for infringement if, after notice has been served by a
bailiff or registrar, the owner fails to bring such an action.
The owner may apply to be joined to infringe ment proceedings brought by the beneficiary
under the preceding paragraph.
Any licensee may apply to be joined to infrin gement proceedings brought by the owner, in
order to obtain compensation for the damage he has suffered.
Article 203:
When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 36
An application for prohibition or the provision of security shall only be accepted if the action
on the merits appears to be serious and is brought within a maximum of 30 days of the owner
becoming aware of the facts on which it is based.
The judge may make the prohibition subject to the provision by the applicant of security
intended to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded.
Article 204:
The court of the place of effective or elective domicile of the defendant, that of the place in
which his agent is established or that of the place in which the agency responsible for
industrial property matters is established, if the defendant resides abroad, shall have
jurisdiction.
Proceedings involving both a matter of marks and a related matter of industrial designs or
unfair competition shall be heard by the court.
Article 205:
The public right of action may be exercised only upon the lodging of a complaint by the
injured party, except in the event of a violation of the provisions of Articles 24(a), 113 and
135(a) and (b) above for which the Public Prosecutor’s Office is competent.
The correctional court may not hear and determine the case until the court called upon to
establish the reality of the damage has delivered a final judgment.  Objections by thedefendant based on the nullity of the industrial property title document and questions relating
to the ownership of the document of title may not be raised before the correctional court.
Civil and criminal proceedings under this Title shall be time-barred three years after the acts
which gave rise to them.
The commencement of civil proceedings sha ll suspend the limitation period in criminal
proceedings.
Article 206:
At the request of the Public Prosecutor’s Office or any other interested party, by virtue of an
interim order of the president of the court, any product unlawfully bearing a trademark,
service mark or trade name shall be seized on importation, as shall any product bearing false
indications concerning its origin or the identity of the producer, manufacturer or trader.
Article 207:
Acts that precede the recording of the grant of patents for invention, patents of addition or
layout-designs (topographies) of integrated circuits or the registration of industrial designs or
the registration of trademarks or service mark s in the registers maintained by the agency
responsible for industrial property matters shall not give grounds for proceedings under thisLaw.
Where the acts were performed after the aforesaid recording or registration, those who
performed them may plead their good faith, if they can produce evidence in support.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 37
Article 208:
Persons found guilty under the provisions of this Title may be deprived, for a maximum
period of five years, of the right to belong to a professional association.
Article 209:
The court shall order the publication of judgments delivered under this Title once they have
become final.
Chapter II: Patents for invention: Section 1: Civil proceedings
Article 210:
The beneficiary of a compulsory licence, as mentioned in Articles 60 and 66 above, may
bring an action for infringement if, after due notice, the patent owner does not bring such an
action.
The beneficiary of an ex officio licence, as mentioned in Articles 69, 74 and 75 above, may
bring an action for infringement if, after due notice, the owner does not bring such an action.
Article 211:
The holder of an application for a patent or an application for a patent of addition to a main
patent may adduce any kind of evidence in order to prove the infringement of which heclaims to be the victim.
Moreover, if so ordered by the president of the court having jurisdiction in the place where
the infringement is alleged to have taken place, he may have a bailiff or court officer make a
detailed description of the allegedly infringing goods or processes, with or without seizure.
The description may be made with the assistance of a qualified expert.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, nature and extent of theinfringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 of this Law, and to the holder
of a compulsory or ex officio licence, subject to the condition laid down in Article  210above.
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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 38
Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favourof the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Section II: Criminal proceedings
Article 213:
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for two
to six months and/or a fine of 50,000 to 500,000 dirhams.
For repeat offenders, the penalties may be doubled.
There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous
five years.
The court may also order the destruction of objects found to be infringing owned by the
infringer, as well as implements or mean s specifically intended for committing the
infringement.
Article 214:
Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The sameshall apply to any aid knowingly given to the perpetrator of any of the above-mentioned
offences.
Article 215:
The penalties provided for in Articles 213 and 214 above shall be increased to imprisonment
for six months to two years and/or a fine of 100,000 to 500,000 dirhams only if the infringer
is an employee who has worked in the workshops or the establishment of the patentee.
An employee who has entered into association with the infringer after informing him of the
processes described in the patent shall be liable to the same penalties.
The employee may be prosecuted under the provisions of Article 447 of the Criminal Code.Article 216:
Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications sold
or distributed, offered for sale or displayed in public places or at public meetings, or in bills orIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 39
posters exposed to public view have given any information, indication or description
whatsoever concerning patents or patents of addition relating to a main patent or integrated
circuit 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 500,000dirhams.
In addition to the fine, repeat offenders shall be liable to imprisonment for three months to
two years.
Article 217:
Without prejudice, where appropriate, to the more serious penalties for breaches of national
security, anyone knowingly infringing one of the prohibitions specified in Article 42 above
shall be liable to a fine of 100,000 to 500,000 dirhams.  If national defence has been impaired,
a penalty of imprisonment for one to five years may also be imposed.
Chapter III: Layout-designs (topographies) of integrated circuits
Article 218:
The provisions of Chapter II of this Title shall be applicable to civil and criminal proceedings
for infringement of layout-designs (topographies) of integrated circuits.
Chapter IV: Industrial designs. Section 1: Civil proceedings
Article 219:
The holder of an industrial design may adduce any kind of evidence of the infringement of
which he claims to have been the victim.
He shall also be entitled, if so ordered by the president of the court of the place of
infringement, to have a bailiff or court officer make a detailed description, with or without
seizure, of the allegedly infringing products.
The said description may be made with the assistance of a qualified expert.The execution of the order may be made conditional upon the lodging of a deposit by the
applicant.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, content and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 above.
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the above order is executed, the detailed description, with or without seizure,shall be ipso jure  null and void, without prejudice to possible damages.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 40
Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favourof the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Section II: Criminal proceedings
Article 221:
Any deliberate infringement of the rights of the owner of an industrial design shall be
punishable by a fine of 25,000 to 250,000 dirhams.
This penalty shall be increased to a fine of 50,000 to 250,000 dirhams and imprisonment for
one to six months if the offender was in the employ of the injured party.
The latter penalties shall also be applicable if the defendant is a repeat offender, that is to say
has been irrevocably convicted of the identical offence within the previous five years.
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence.
Chapter V: Trademarks and service marks
Section 1: Civil proceedings
Article 222:
If so ordered by the president of the court, the owner of a registered mark or the beneficiary of
an exclusive right of exploitation may have a bailiff or court officer make a detailed
description, with or without the taking of samples, or seize the goods or services allegedly
marked, offered for sale, delivered or supplied to his detriment and in violation of his rights.
The said description may be made with the assistance of a qualified expert.
In the same order, the president of the court may authorize whatever steps may be necessary
to establish the origin, content and extent of the infringement.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded.
If the applicant fails to institute proceedings before the court within a maximum of 30 days
following the date on which the order is executed, the detailed description, or seizure, shall be
ipso jure  null and void, without prejudice to possible damages.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 41
Article 223:
Where it is a question of establishing whether a product or service has been substituted for
that requested under a registered mark, the court officer shall not be required to produce theorder provided for in Article 222 above until after delivery of the product or provision of the
service other than that said to have been requ ested or, if the order authorizes several findings
of substitution, after the last delivery of the product or the last provision of the service.
Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Section II: Criminal proceedings
Article 225:
The following shall be deemed to be infrin gers and liable to imprisonment for two to
six months and/or a fine of 50,000 to 500,000 dirhams:
(1) Those who have counterfeited a registered mark or fraudulently affixed a mark
belonging to others;
(2) those who have made use of a mark withou t the authorization of the interested party
even if accompanied by words such as 'formula', 'style', 'system', 'recipe', 'imitation',
'kind', or any other similar indication liable to mislead the buyer;
(3) those who, without lawful cause, have stocked products which they knew to bear a
counterfeit or fraudulently affixed mark and have knowingly sold, put on sale,
supplied or offered to supply goods or services under such a mark;
(4) those who have knowingly delivered a produ ct or provided a service other than that
requested of them under a registered mark.
Article 226:
The following only shall be liable to a penalty of imprisonment for one to six months and/or a
fine of 25,000 to 250,000 dirhams:
(1) Those who, without counterfeiting a registered mark, have made a fraudulent
imitation thereof likely to mislead the buyer or have made use of a fraudulently
imitated mark;
(2) those who have made use of a registered mark bearing indications likely to mislead
the buyer as to the nature, material properties, composition or active-principle
content, type or origin of the object or product described;IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 42
(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.
Article 227:
Imprisonment for one to three months and/or a fine of 50,000 to 500,000 dirhams may be
imposed only on those who have had incorporated in their trademarks or service marks
prohibited signs mentioned in Article 135(a) a bove without the authorization of the competent
authorities and those who have introduced into Morocco, stocked, put on sale or sold naturalor manufactured products bearing the said signs as a mark.
Article 228:
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence.
Article 229:
The penalties laid down in Articles 225 to 228 above shall be applicable to collective marks,
as well as to collective certification marks.
Chapter VI: Trade names
Article 230:
Any infringement or fraudulent use of a trade name, whether or not it forms part of a
trademark or service mark, shall be subject to the penalties laid down in Article 225 above.
Chapter VII: Indications of source and appellations of origin
Article 231:
The unlawful acts specified in Article 182 above shall be subject to the penalties laid down in
Article 226 above, without prejudice to th e penalties laid down in special laws.
Chapter VIII: Industrial awards
Article 232:
The following shall be liable to imprisonment for two to six months and/or a fine of 50,000 to
500,000 dirhams:
(1) Those who, without entitlement and fraudulently, have conferred upon themselves
industrial awards mentioned in Article 189 above or have conferred upon themselves
fictitious awards by reproduction on their products, signs, advertisements,
prospectuses, letterheads, business documents or packaging, or in any other manner;
(2) those who, under the same conditions, have used them for purposes other than those
for which they were obtained;IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 43
(3) those who have made industrial or commercial use of awards other than those
mentioned in Article 189 above.
Article 233:
The following shall be liable to a fine of 25,000 to 250,000 dirhams:
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 above."
47. Please explain whether or not your legislation provides for a mechanism to appeal to
judicial bodies of final administrative decisions.
Under the Moroccan administration of justice, any judgment delivered by the domestic courts
may be appealed.
Several pieces of legislation contain provisions to this effect.  Thus, Article 24 of the Code of
Civil Procedure reads as follows:
"In the absence of statutory provisions to the contrary, the courts of appeal shall hear appeals
against judgments of the courts of first instance, as well as against orders issued by theirpresidents."
In this connection, Article 134 of the Code of Civil Procedure stipulates that:"There shall be a right of appeal in all cases not formally excluded by the Law.Appeals against judgments of the courts of first 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 judgment was served
from the date of service. Service, even without reservation, shall not preclude acceptance ofthe judgment and waiver of the right of appeal.  The period of appeal and an appeal lodged
within the legal time-limit shall be suspensory, unless an order annulling the suspensive effect
of the appeal is made under Article 147."
On the same subject, Article 18 of Law 53-95 Establishing Commercial Courts stipulates that:"Appeals against judgments of the commercial courts shall be lodged within fifteen days of
the date of notification of the judgment, in accordance with the provisions of Articles 134 to
141 of the Code of Civil Procedure, subject to the provisions of the second paragraph of
Article 8 of this Law.
The application for appeal shall be filed with the registry of the commercial court.The registry shall transmit the application, together with the accompanying documents, to the
registry of the competent commercial court of appeal within a maximum of fifteen (15) daysof the application filing date."
The Moroccan system of administration of justice also allows appeals against administrative
decisions upon application lodged with the administrative courts under the provisions of DahirIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 44
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."
In addition, Articles 20 to 25 of Law No. 41-90 read as follows:"Article 20:
An administrative decision may be vitiated by misuse of authority either because of the lack
of jurisdiction of the authority that took it or because of formal defect, abuse of power,
inadequate grounds or violation of the law.  Anyone adversely affected by such a decision
may challenge it before the competent administrative court.
Article 21:
An application to set aside for misuse of authority must be accompanied by a copy of the
administrative decision challenged.  If there has been a previous administrative appeal, 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 60 days of publication of the decision challenged or its notification to the interested
party.
However, before the expiration of the period mentioned in the preceding paragraph, interested
parties may apply to the same administrative authority to reconsider its decision or appeal to a
higher administrative authority.  In this case an appeal to the administrative court may validly
be introduced within sixty days of notificati on of the express decision dismissing, in whole or
in part, the prior administrative appeal.
Failure of the administration to reply to an appeal for reconsideration or an appeal to a higher
administrative authority shall be treated as a refusal. If the administrative authority is aIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 45
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 of
the aforementioned Law.
48. Please describe how your legislation authorizes judges to order production of evidence
by the opposing party.  Please give precise information on what measures are taken to ensure
the protection of confidential information.
Same as reply to question 38 above.
49. Please quote provisions of your legislation that authorize judges to order a defendant to
desist from an infringement.
Law No. 17-97 provides as follows:
"Article 203:
When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 46
An application for prohibition or the provision of security shall only be accepted if the action
on the merits appears to be serious and is brought within a maximum of 30 days of the owner
becoming aware of the facts on which it is based.
The judge may make the prohibition subject to the provision by the applicant of security
intended to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded."
"Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
"Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
"Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
50. Please quote what provisions of your legislation authorize judges to order the payment
to the right holder of adequate damages to compensate the injury he suffered.
The judicial authority may order a party to the proceedings whose acts have been recognized
as infringing protected industrial property rights to pay the opposing party damages in compensation
for the injury suffered.  In this respect, paragraphs 1 and 2 of Article 203 of Law No. 17-97 provide
that:
"When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the allegedlyIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 47
infringing acts or make their continuation subj ect to the provision of security intended to
ensure the indemnification of the title holder or the licensee.
An application for prohibition or the provision of security shall only be accepted if the action
on the merits appears to be serious and is brought within a maximum of thirty days of the
owner becoming aware of the facts on which it is based."
Moreover, Articles 212, 220 and 224 of that Law read as follows:"Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
"Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or meansspecifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
"Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
The damages awarded will also cover the losses suffered by the injured party.
51. Please quote what provisions of your legislation authorize judges to order the payment
of the right holder's expenses by the infringer.
Same as reply to question 50 above.
52. Please explain if and how judges have the authority to order that infringing goods are
placed outside channels of commerce or destroyed.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 48
Law No. 17-97 contains the following provisions:
"Article 212:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the defendant, of objects identified as infrin ging owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 213:
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for two
to six months and/or a fine of 50,000 to 500,000 dirhams.
For repeat offenders, the penalties may be doubled.
There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous five
years.
The court may also order the destruction of objects found to be infringing owned by the
infringer, as well as implements or mean s specifically intended for committing the
infringement."
"Article 220:
At the request of the injured party, and provided the measure is necessary to ensure that the
continuation of the infringement is prohibited, the court may order the confiscation, in favourof the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party.
Article 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 49
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence."
"Article 224:
At the request of the injured party, and provided the measure is necessary to ensure that
continuation of the infringement is prohibited, the court may order the confiscation, in favour
of the applicant, of objects identified as infringing owned by the infringer at the time of entry
into force of the prohibition and, where necessary, the confiscation of implements or means
specifically intended for committing the infringement.
The value of the objects confiscated shall be taken into account in calculating the
compensation to be awarded to the injured party."
"Article 228:
The court may also order the destruction of infringing objects owned by the infringer, as well
as of implements or means specifically intended for committing the offence."
53. Please quote what provisions of your legislation authorize judges to indemnify a
defendant in the event of abuse by the plaintiff.
Articles 203, 211, 219 and 22 of Law No. 17-97 provide as follows:
"Article 203, third paragraph:
The judge may make the prohibition subject to the provision by the applicant of security
intended to ensure the indemnification of any damage suffered by the defendant if the action
for infringement is subsequently deemed to be unfounded."
"Article 211:
The holder of an application for a patent or an application for a patent of addition to a main
patent may adduce any kind of evidence in order to prove the infringement of which he
claims to be the victim.
Moreover, if so ordered by the president of the court having jurisdiction in the place where
the infringement is alleged to have taken place, he may have a bailiff or court officer make adetailed description of the allegedly infringing goods or processes, with or without seizure.
The description may be made with the assistance of a qualified expert.In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, nature and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 of this Law, and to the holderof a compulsory or ex officio licence, subject to the condition laid down in Article  210
above.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 50
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the order is executed, the detailed description, with or without seizure, shall be
ipso jure  null and void, without prejudice to possible damages."
"Article 219:
The holder of an industrial design may adduce any kind of evidence of the infringement of
which he claims to have been the victim.
He shall also be entitled, if so ordered by the president of the court of the place of
infringement, to have a bailiff or court officer make a detailed description, with or withoutseizure, of the allegedly infringing products.
The said description may be made with the assistance of a qualified expert.The execution of the order may be made conditional upon the lodging of a deposit by the
applicant.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, content and extent of the
infringement.
The same right shall be available to the holder of an exclusive right of exploitation, subject to
the condition laid down in the second paragraph of Article 202 above.
If the applicant fails to institute proceedings before the court within 30 days following the
date on which the above order is executed, the detailed description, with or without seizure,
shall be ipso jure  null and void, without prejudice to possible damages."
"Article 222:
If so ordered by the president of the court, the owner of a registered mark or the beneficiary of
an exclusive right of exploitation may have a bailiff or court officer either make a detaileddescription, with or without the taking of samples, or seize the goods or services allegedly
marked, offered for sale, delivered or supplied to his detriment and in violation of his rights.
The said description may be made with the assistance of a qualified expert.
In the same order, the president of the court may authorize whatever steps may be necessary
to establish the origin, content and extent of the infringement.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant to ensure the indemnification of any damage suffered by the defendant if the actionfor infringement is subsequently deemed to be unfounded.
If the applicant fails to institute proceedings before the court within a maximum of 30 days
following the date on which the order is executed, the detailed description, or seizure, shall be
ipso jure  null and void, without prejudice to possible damages."
54. Please explain how your legislation implements Article 50 of the TRIPS Agreement.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 51
The provisional measures which the judicial authorities may order, upon application, under
the provisions of Law No. 17-97 are as follows:
- When an infringement case is brought before the court, its president may issue an
interim order prohibiting, provisionally and on pain of a fine, the continuation of the
allegedly infringing acts.  This interim prohibition order, which is issued, upon
application, by the president of the court, may make the prohibition subject to 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.
- Seizure on importation, at the request of th e Public Prosecutor's Office or any other
interested party, by virtue of an interim order of the president of the court, of any
product unlawfully bearing a trademark, service mark or trade name and, likewise,
any product bearing false indications concerning its origin or the identity of the
producer, manufacturer or trader.
- Attachment of a document of title to industrial property by the creditors of the title
holder in question, under an interim order of the president of the court.  However, the
execution creditor must, on pain of the attachment being declared void and within
15 days of the date of the attachment order, bring an action before the court toestablish the validity of the attachment and procure the sale of the title attached.
- With respect to patents and industrial design s, a detailed description, with or without
seizure, of the allegedly infringing products or processes, at the order of the president
of the court of the place of infringement, made by a bailiff or court officer.  Thedescription may be made with the assistance of a qualified expert.
The execution of the order may be made subject to the lodging of a deposit by the applicant.In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, content and extent of the
infringement.  However, if the applicant fails to institute proceedings before the court within 30 daysfollowing the date on which the order is executed, the detailed description, with or without seizure,
shall be  ipso jure  null and void, without prejudice to possible damages.
Where marks are concerned, if so ordered by the president of the court, the owner of a
registered mark or the beneficiary of an exclusive right of exploitation may have a bailiff or courtofficer make a detailed description, with or without the taking of samples, or seize the goods or
services allegedly marked, offered for sale, delivered or supplied to his detriment and in violation of
his rights.
This description may be made with the assistance of a qualified expert.In the same order, the president of the court may authorize whatever steps may be necessary
to establish the origin, content and extent of the infringement.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant to ensure the indemnification of any damage suffered by the defendant if the action for
infringement is subsequently deemed to be unfounded.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 52
However, if the applicant fails to institute proceedings before the court within a maximum of
30 days following the date on which the order is executed, the detailed description, or seizure, shall be
ipso jure  null and void, without prejudice to possible damages.
Where it is a question of establishing whether a product or service has been substituted for
that requested under a registered mark, the court officer shall not be required to produce the above-
mentioned order until after delivery of the product or provision of the service other than that said to
have been requested or, if the order authorizes several findings of substitution, after the last delivery
of the product or the last provision of the service.
55. Please identify the competent authorities in your jurisdiction who receive requests from
right holders for an application to suspend the release of counterfeit goods by the customs
authorities.
Law No. 17-97 includes the following provisions:
(1) Article 206 provides as follows:
"At the request of the Public Prosecutor’s Office or any other interested party, by
virtue of an interim order of the president of the court, any product unlawfully
bearing a trademark, service mark or trade name shall be seized on importation, asshall any product bearing false indications concerning its origin or the identity of the
producer, manufacturer or trader."
(2) Articles 53(a) and (c) and 99(b) prohibit:
- Importing or stocking with a view to making, offering, introducing into commerce or
using the product forming the subject-matter of the patent or the product obtained
directly by the process forming the subject-matter of the patent;
- importing, selling or otherwise distributing for commercial purposes a protected
layout-design (topography), an integrated circuit in which a protected layout-design
(topography) is incorporated, or an article incorporating such an integrated circuitonly insofar as it continues to contain an unlawfully reproduced layout-design;
without the consent of the holder of the protected industrial property rights,while Article 214 provides that:"Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The same
shall apply to any aid knowingly given to the perpetrator of any of the above-mentioned
offences."
56. Please indicate whether or not procedures are available to suspend the exporting of
counterfeit goods.
Under Article 214 of Law No. 17-97:
"Those who have knowingly handled, exhibited, offered for sale or sold, introduced or
exported infringing products shall be liable to the same penalties as the infringer.  The sameIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 53
shall apply to any aid knowingly given to the perpetrator of any of the above-mentioned
offences."
57. Please quote what provisions of your legisl ation authorize the competent authorities to
order the destruction or disposal of infringing goods.
Law No. 17-97 provides as follows:
"Article 15:
Only the commercial courts shall have jurisdiction to hear disputes arising out of the
application of this Law, with the exception of the administrative decisions for which it
provides."
"Article 213:
Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and
54 above, shall constitute an infringement and shall be punishable with imprisonment for two
to six months and/or a fine of 50,000 to 500,000 dirhams.
For repeat offenders, the penalties may be doubled.There shall be repetition of the offence, within the meaning of the present article, when the
defendant has been irrevocably convicted of the identical offence within the previous
five years.
The court may also order the destruction of objects found to be infringing owned by the
infringer, as well as implements or mean s specifically intended for committing the
infringement."
58. Please indicate whether or not your legislation provides for a de minimis  imports
exception.
Questions 58 and 59 have already been dealt w ith in Morocco's replies to the checklist of
issues on enforcement (document IP/N/6/MAR/1).
59. Please explain how your legislation implements Article 61 of the TRIPS Agreement.
See the reply to question 58.
IV. REPLIES TO QUESTIONS POSED BY THE UNITED STATES
A. GENERAL
1. Please describe, in relation to each form of intellectual property covered by the TRIPS
Agreement, including plant vari ety protection, the manner in which national treatment and
most-favoured-nation treatment are provided 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".  TheIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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) on 28 October 1975;
• the TRIPS Agreement, concluded on 15 April 1994 and signed by Morocco on that
date.
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 No. 17-97 on the Protection of Industrial Property.
According to Article 3, "[n]ationals 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 lessfavourable than that enjoyed by nationals of the aforesaid countries".
Moreover, under the provisions of Law No. 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 theMoroccan 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 asliterary 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 work
itself 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).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 related
rights to which the Kingdom of Morocco is party shall be applicable to the cases for which this Law
provides.  Should the provisions of this Law conflict with those of an international treaty to which theKingdom 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 computer
program, a database or a musical work in graphic form (score), whoever the proprietor of the original
or the copy rented or lent to the public (Article 10(d)).
It should be noted that the above-mentioned rental and lending rights do not apply to the
rental of computer programs where the program itself is not the essential object of the rental
(Article 10, last paragraph).
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 sale
or any other transfer of ownership, the rental or lending of his performance to the public, and themaking 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 50 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 placefor 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 of
the use of the performance, and to object to any distortion, mutilation or other modification of hisperformances 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).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 50 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.
Article 1 of Law No. 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:  words, 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;IP/Q/MAR/1, IP/Q2/MAR/1,
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(b) signs or denominations that can be used to designate a characteristic of the product or
service, and in particular the kind, quality, quantity, purpose, value, geographical
origin or time of production of the product or provision of the service;
(c) signs constituted exclusively by shapes imposed by the nature or function of the
product or conferring on the latter its substantive value.
With regard to signs that cannot be adopted as a trademark, Article 135 of Law No. 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 or
those that are already the subject of international agreements in force intended to
ensure their protection, national or foreign decorations, and Moroccan or foreignmetal 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:
(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 No. 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 that
mark.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 No. 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 to a
product or service which displays, in respect of its nature, properties or qualities, thecharacteristics 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,
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 trademarkregister.
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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 competent 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 nationaltrademark 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 to
meet 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 No. 17-97 deal with the procedure for registering trademarks and
read as follows:
"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 mattersIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 60
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 andregistered 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 theapplicant 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.
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 whichis 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 filing
date.  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 fourthIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 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 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.
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 No. 17-97 provide as follows:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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"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 laiddown 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.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 licenceIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 63
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 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 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 the
holders of the registered rights.
The waiver shall be recorded in the national trademark register."
8. Please provide the length and terms of  protection the trademark law of Morocco
provides for a trademark.
Articles 6 to 13 of Law No. 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 titlewhen they 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 No. 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:IP/Q/MAR/1, IP/Q2/MAR/1,
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"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.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;
if there exists a likelihood of confusion among the public.
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 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 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 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 fiveyears from the date of registration of the mark, unless registration was applied for in bad
faith."
Similarly, Law No. 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 atrademark or service mark registration certificate, as defined in Articles 53, 54, 99, 123, 124,
154 and 155 above, respectively, shall constitute an infringement.
The offer, placing on the market, reproduction, use and stocking with a view to use or placing
on the market of an infringing product, where these acts are performed by a person other thanthe manufacturer of the infringing product, shall not render their author liable unless the acts
were performed with full knowledge of the facts."
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.
Article 203:
When an infringement case is brought before the court, its president may issue an interim
order prohibiting, provisionally and on pain of a fine, the continuation of the allegedly
infringing acts or make their continuation subj ect to the provision of security intended toIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 theowner 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 No. 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 tothe 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 theIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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three months preceding the action for forfeiture and after the owner became aware of the
possibility of an action for forfeiture.
It shall be the responsibility of the owner of the mark against whom the action for forfeiture is
brought to prove that the mark has been used.  Such proof may take any form.
Forfeiture shall be effective from the expiration of the five-year period specified in the first
paragraph of this article.  It shall have unconditional effect.
Article 164:
The owner of a mark that has become by his doing:(a) The usual designation in trade for the product or service;(b) liable to mislead the public, in particular as to the nature, quality or geographical
origin of the product or service;
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.
Law No. 17-97 mentions indications of source and appellations of origin among the elements
that fall within the scope of its protection.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 68
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 constituting 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, geographical
origin 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) 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."
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 No. 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 specifiedcharacteristics 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/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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(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 who
may 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 No. 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 tospecial 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-principle
content, type or origin of the object or product described;
(3) those who, without lawful cause, have stocked products which they knew to bear a
fraudulently imitated mark or have knowingly sold, put on sale or offered to supplyproducts or services under such a mark."
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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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With regard to wines, the appellation of origin regime is regulated by Ministry of Agriculture
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 frameworkfor these beverages, which are well defined and protected.
E. INDUSTRIAL DESIGNS
13. Please describe the procedure that must be followed to obtain protection for textiledesigns and cite to the relevant provisions of law or regulation.
Law No. 17-97 protects industrial designs irresp ective of the nature of the design or the
branch of activity to which it relates, provided th at the design complies with the prescribed conditions
and formalities.
Thus, Articles 6 to 13 of Law No. 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 No. 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 in
accordance 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 acreative contribution, shall not deemed to be its creator or co-creator.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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Article 110:
The provisions of Articles 77 to 80 above shall be applicable to industrial designs.
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 theapplicant 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),IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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(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.
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 orIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 matters
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 a
registration certificate accompanied by the graphic or photographic reproduction of theindustrial 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 No. 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 fees 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 theprocedure 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 be
notified 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 the
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 No. 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 of
10 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:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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"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 the
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 interestedparty 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 interestedIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 77
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 that
definitively establishes the competent court."
Proceedings before the administrative courts are initiated on application in writing signed by
an attorney on the roll of one of the Moroccan bar associations (Article 3 of Law No. 41-90), in
accordance with the procedure laid down in the Code of Civil Procedure, as specified in Article 7 of
the aforementioned Law.
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 judgments 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 judgments of the courts of first instance shall be lodged within thirty days.
This period shall run from personal service or service at the effective or elected domicile orservice at the hearing, where the law so provides.
The period shall run in respect of the person on whose application the judgment was served
from the date of service. Service, even without reservation, shall not preclude acceptance of
the judgment and waiver of the right of appeal.  The period of appeal and an appeal lodgedwithin 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 thepatented 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 to
determine the process actually used.
According to Article 21 of Law No. 17-97:
"The invention may relate to products, to processes or to any new application or combination
of known methods, for the purpose of attaining a result not previously attainable by state-of-
the-art means.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 No. 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, or the holder of a patent or a patent of addition to a main patent, may adduce any kindof 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 detailed
description of the goods or processes alleged to be counterfeit, with or without seizure.  Thedescription may be made with the assistance of a qualified expert.
The execution of the order may be made conditional upon the lodging of a deposit by the
applicant.
In the same order, the president of the court may authorize a bailiff, assisted by a qualified
expert, to do whatever may be necessary to establish the origin, nature and extent of the
infringement.
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 holder 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 various
statutory 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 inIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 No. 17-97 deal with compulsory 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 natural person or legal person in public or private law may, three years after the
issuance of the patent or four years after the date of filing the application for a patent, obtain
from the court a compulsory licence in respect of that patent, in accordance with Articles  61
and 62 below, if at the time of the request and in the absence of legitimate excuses, the ownerof the patent or his successor in title:
(a) Has not begun to exploit, or has not made effective and serious preparations to
exploit, the invention covered by the patent within the territory of the Kingdom 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 an
exploitation 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:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 royalties
shall be determined on a case by case basis, taking into account the economic value of the
licence.
The court may amend these conditions at the request of the owner or the licensee."
• Article 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 Agreement
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 AgreementIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 adequately 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 Agreement
Article 66:
"If an invention protected by a patent cannot be exploited without infringing the rights
attached to an earlier patent for which the owner refuses to grant an exploitation licence on
reasonable commercial terms and conditions, the owner of the later patent may obtain a
compulsory licence from the court pursuant to the same conditions as set forth in Articles 60
to 62 above, provided:
(a) The invention claimed in the later patent involves an important technical advance of
considerable economic significance in relation to the invention claimed in the earlierpatent;
(b) the owner of the earlier patent is entitled to a cross-licence on reasonable terms to use
the invention claimed in the later patent;  and
(c) the licence in respect of the earlier patent is non-assignable except with the
assignment of the later patent."IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 the
Union 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.
- 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 protectionIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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Protection 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 the protected variety (e.g. ahybrid).
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;
- acts performed by farmers for the purpose of reproduction or propagation, on their
own holdings, using the harvested product obtained by cultivating the protected
variety, with the exception of tree, and ornamental and floral crops.
(c) Term of protection
The term of protection is 20 years for annual species, 25 years for tree and vine varieties and
30 years for date palm.
3. Procedures for the filing and examination of applications and the issuing of plant variety
certificates
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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 Register of New Plant Variety Certificates 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.
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 to
30,000 dirhams.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 firsttime 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;
- providing more equipment (computers, laboratories, greenhouses, etc.).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 the
TRIPS 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 No. 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 patentapplication 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 ofthe International Union for the Protection of Industrial Property.
However, in this latter case, the exhibition of the invention must be declared when the
application is filed.
Article 27:
An invention shall be regarded as involving an inventive step if, for a person skilled in the art,
it is not obviously derived from the state of the art.
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 No. 17-97 is that the items in
question are incompatible with the patentability criteria laid down in the above-mentioned Article 22.
These exclusions are incorporated in Article 23 on principle and in accordance with regionalIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 No. 17-97 provides 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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.
As indicated in Article 31(a) of Law No. 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 No. 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 No. 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 berepresented 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 No. 17-97;
(8) a list of accompanying documents."Moreover, for ethical reasons and in accordance with Article 37 of Law No. 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 exhaustive
list of what is meant by public order.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 89
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.
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 asfollows:
"Subject to the provisions of Articles 9 and 11 of this Law, the administrative courts shall
have jurisdiction to hear, in the first instan ce, applications to set aside administrative
decisions for misuse of authority, cases relating to administrative contracts and actions forcompensation for damage caused by the acts or activities of public-law corporations,
excluding, however, that caused on the public highway by a vehicle belonging to a public-law
corporation."
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 a ppears 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 thepatent owner, as required by Article 30 of the TRIPS Agreement.
The provisions of Article 55(a), (b) and (c) of Law No. 17-97 relate, in particular, to acts
devoid of any industrial or commercial content capable of injuring the patent owner.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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 patentowner, 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 possession
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 provisions
of law.
Article 1 of Law No. 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 No. 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 orall 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 theinterconnections 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 oflayout-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 theconditions referred to in the preceding paragraph.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 91
"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, 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:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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(a) the act of reproducing, whether by incorporation in an integrated circuit or otherwise,
a protected layout-design (topography) in its entirety or any part thereof, except the
act of reproducing any part that does not comply with the requirement of originality
referred to in Article 91 above;
(b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout-design (topography), an integrated circuit in which a protected
layout-design (topography) is incorporated, or an article incorporating such an
integrated circuit only insofar as it continues to contain an unlawfully reproduced
layout-design.
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 such
act did not know and had no reasonable ground to know, when acquiring theintegrated circuit or article incorporatin g such an integrated circuit, that it
incorporated an unlawfully reproduced layout-design.  After the time that such person
has received sufficient notice that the layout-design was unlawfully reproduced, that
person may perform any of the acts with respect to the stock on hand or ordered
before such time, but shall be liable to pa y to the right holder a sum equivalent to a
reasonable royalty such as would be payable under a freely negotiated licence in
respect of such a layout-design.
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 bedeclared 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 concerne d, Article 218 of Law No. 17-97 subjects civilIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 93
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 ofundisclosed information as required by Article 39.2 of the TRIPS Agreement and providecitations to the relevant provisions of law.
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 any
damage 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 judgments,
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 ofdifficulties."
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 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 andIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
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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).
As for Law No. 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
disclosure of information relating to an invention.
"Article 18(c):
The employee and his employer must communicate to each other all useful information
concerning the invention in question.  They shall disclose nothing that might jeopardize, the
exercise of the rights conferred by this Title, in whole or in part."
"Article 215:
The penalties provided for in Articles 213 and 214 above shall be increased to imprisonment
for six months to two years and/or a fine of 100,000 to 500,000 dirhams only if the infringer
is an employee who has worked in the workshops or the establishment of the patentee.
An employee who has entered into association with the infringer after informing him of the
processes described in the patent shall be liable to the same penalties.
The employee may be prosecuted under the provisions of Article 447 of the Criminal Code.Article 216:
Without prejudice to the penalties laid down in special laws, those who in speeches or
lectures delivered in public places or at public meetings, or in documents or publications sold
or distributed, offered for sale or displayed in public places or at public meetings, or in bills or
posters exposed to public view have given any information, indication or description
whatsoever 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 byothers 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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 95
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 objects identified as infringing owned by the
infringer, as well as of implements or means specifically 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 allof 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:
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.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 96
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 in
Article 96 above may be effected within two years of the layout-design first being ordinarily
commercially exploited anywhere in the world.  However, in no case may filing be effectedmore than fifteen years after the final or intermediate topography was first fixed or encoded if
it has never been exploited.
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 the
act of reproducing any part that does not comply with the requirement of originality
referred to in Article 91 above;
(b) the act of importing, selling or otherwise distributing for commercial purposes a
protected layout-design (topography), an integrated circuit in which a protected
layout-design (topography) is incorporated, or an article incorporating such an
integrated circuit only insofar as it continues to contain an unlawfully reproducedlayout-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;IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 97
(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 such
act did not know and had no reasonable ground to know, when acquiring the
integrated circuit or article incorporatin g such an integrated circuit, that it
incorporated an unlawfully reproduced layout-design.  After the time that such person
has received sufficient notice that the layout-design was unlawfully reproduced, that
person may perform any of the acts with respect to the stock on hand or 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.
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 concerne d, Article 218 of Law No. 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 No. 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.
No legal text exclusively governs the protection of test data concerning pharmaceuticalIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 98
products and agricultural chemical products submitted to the competent authorities in order to obtain
authorization for their marketing in Morocco.
However, under the General Civil Service Statute, as supplemented and amended, provision is
made for the protection of confidential data which may be required by the public authorities for the
investigation of a case.
Article 18 of the aforementioned Statute provides that:"irrespective of the rules on professional secrecy contained in the Criminal Code, every civil
servant is bound by the obligation of professional discretion with respect to any facts orinformation of which he becomes aware during or in connection with the performance of his
duties.  Any unauthorized use or communication of official documents to third parties is
strictly prohibited."
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 file accompanying the application for marketing authorization in Morocco comprises
different parts:
- The first part concerns the chemical molecule.  This is the active starting material for
the medicinal product;
- the second part concerns the manufacturing process;
- the third part concerns the clinical, pharmacological and toxicological studies.The information contained in the third part of the file constitutes undisclosed information.
Such information provides evidence of the effectiveness and safety of a given medicinal product and
is usually published in international scientific journals.
A second applicant wishing to register the same product as a generic product is permitted to
use a simplified procedure, i.e. he is not obliged to repeat all the clinical, pharmacological and
toxicological studies, but may refer to the data published in the scientific literature.
Moreover, as was mentioned in the response to question 15, Moroccan legislation provides
for the protection of pharmaceutical products and agricultural chemical products.
Indeed, Article 21 of Law No. 17-97 on the protection of industrial property provides as
follows:
"The invention may relate to products, to processes or to any new application or combination
of known methods, or to the purpose of ob taining a result not previously attained by
state-of-the-art means.
The invention may also relate to pharmaceutical compositions, pharmaceutical products or
remedies of any kind, including processes or devices used to produce them."
Article 17 of the same Law indicates that patents for invention shall be issued for a term ofIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 99
protection of 20 years from the date of the filing of the patent application.
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 be
associated with the enforcement process.
The issues raised in questions 25 to 34 are fully discussed in the document containing
Morocco’s replies to the Checklist of Issues on Enforcement (IP/N/6/MAR/1).
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 Checklist of Issues on Enforcement (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 Checklist of Issues on Enforcement (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 Checklist of Issues on Enforcement (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 Checklist of Issues on Enforcement (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 Checklist of Issues on Enforcement (IP/N/6/MAR/1).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 100
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 Checklist of Issues on Enforcement (IP/N/6/MAR/1).
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, includingimprisonment 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 Checklist of Issues on Enforcement (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 Checklist of Issues on Enforcement (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 Checklist of Issues on Enforcement (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 otherinformation establishing that the criminal syst em operates effectively to deter copyright piracy
and trademark counterfeiting.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 101
The replies to questions 35 and 36 are contained in the two charts annexed hereto.
V. REPLIES TO QUESTIONS POSED BY JAPAN
A. COPYRIGHT AND RELATED RIGHTS
1. Please explain exceptions or exemptions of  the National Treatment and Most-Favoured-
Nation Treatment under the Copyright and Neighbouring Rights Law, if any, as permitted in
Articles 3 and 4 of the TRIPS Agreement.
Exemptions from national treatment
With regard to national treatment, Morocco applies the following exemptions under the
provisions of the Rome International Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations (Rome Convention):
- "The first fixation of the sound" is the only criterion applied, under Article 5.3 of the
Rome Convention, for the granting of national treatment to foreign producers of
phonograms;
- pursuant to Article 6.2 of the Rome Convention, national treatment is applied for the
protection of a broadcast only if the headquarters of the broadcasting organization issituated in a contracting State, or if the broadcast was transmitted from a transmitter
situated on the territory of the same contracting State.
Exemptions from the MFN clause
With regard to the MFN clause and in accordance with the provisions of Article 4(d) of the
TRIPS Agreement on exemptions from this clause, Mo rocco wishes to point out that it is a party to
the following international agreements on copyright and related rights, which entered into force prior
to the WTO Agreement and under which nationals of the signatory countries enjoy special benefits in
this field:
Agreements Date of Morocco's accession
Berne Convention of 9 September 1886 for the
Protection of Literary and Artistic Works (Paris Act,
1971)16 June 1917
Convention establishing the World Intellectual
Property Organization27 July 1971
Universal Copyright Convention 8 May 1972
Brussels Convention relating to the Distribution of
Programme-Carrying Signals Transmitted by Satellite30 June 1983
Nairobi Treaty on the Protection of the Olympic
Symbol11 November 1993IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 102
VI. REPLIES TO QUESTIONS POSED BY SWITZERLAND
A. GEOGRAPHICAL INDICATIONS
1. Please explain in detail how your legislation provides protection for geographical
indications.
Law No. 17-97 on the protection of industria l property provides for the protection of
geographical indications by includi ng geographical indications amon g the areas encompassed by the
scope and purpose of the law, in particular Article 1.
That law deals with the protection of geographi cal indications according to the nature thereof,
and specifically with regard to indications  of source and appellations of origin.
Accordingly, Article 180 of Law No. 17-97 deal s with indications of source and provides as
follows:  "The term ‘indication of source’ is defined as an expression or mark used to indicate that a
product or service comes from a country or group of countries, or a region or specific place."
Moreover, Article 182 qualifies as unlawful:- 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 the
designation is used in translation or accompanied by expressions such as 'kind', 'style',
'imitation' or the like.
Similarly, Article 183 of the law provides as follows:  "Criminal proceedings intended as a
deterrent to the commission of the unlawful acts re ferred to in Article 182 may be instituted by the
Office of the Public Prosecutor.  A claim for da mages may also be brought by any injured party,
whether a natural or juristic person, association or labour union, and in particular by any producers,
manufacturers or traders that may properly use the pa rticular indication or designation of origin in
question to identify their products or services, or by associations acting in representation of the same for
that purpose, without prejudice to th e right of recourse to civil action or of petitioning for precautionary
measures."
With respect to penalties, Article 231 of the law provides:  "The unlawful acts referred to in
Article 182 hereinabove shall be subject to the crim inal penalties laid down in Article 226 hereinabove,
without prejudice to any penalties establ ished pursuant to special legislation."
Thus, Article 231 provides that the unlawful acts refe rred to in Article 182 shall be liable to the
criminal penalties laid down in Article 226 in rega rd to marks.  Specifically, Article 226 provides as
follows:
"The following shall be liable to a penalty of im prisonment for one to si x 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;IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 103
(2) those who have made use of a registered mark bearing indications likely to mislead
the buyer as to the nature, material properties, composition or active-principle
content, type or origin of the object or product described;
(3) those who, without lawful cause, have stocked products which they knew to bear a
fraudulently imitated mark or have knowingly sold, put on sale or offered to 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 La w 13-83 of 5 October 1984, which establishes that any
deception with respect to the origin of goods cons titutes criminal fraud.  Anyone committing this crime
is liable to the penalties laid down in Article 1 of that law, including, inter alia,  imprisonment for a
period of six months to five years and/ or a fine of 1, 200 to 24, 000 dirhams.
B. PATENTS
2. Does your legislation grant patent protection to all categories of products or are there
any exceptions?  If so, please explain in detail what kind of exceptions exist and how they
comply with Article 27 of the TRIPS Agreement.
Article 22 of Law No. 17-97 deals with the crite ria for the patentability of an invention, and
establishes:  "Any new invention that involves an in ventive step and is capable of industrial application
may be patented."
In this connection, Article 21 provides as follows:
"The invention may relate to products, to proce sses 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 procedures and devices used in the preparation thereof."
Exceptions are covered by Articles 23, 24 and 25 of Law No. 17-97, in the following terms:
"Article 23:  The following are not  considered to be inventions in the sense of Article 22 above:
(1) Discoveries, scientific theories, or mathematical methods;(2) aesthetic creations;(3) schemes, rules or methods for performing me ntal acts or playing games, or pertaining
to economic activities, or to computer programs;
(4) presentations of information.Under the provisions of the present Article, th e listed subject-matter is deemed unpatentable
only to the extent to which a patent application or  patent relates to such subject-matter as such.
Article 24:  The following shall not be patentable:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 104
(a) Inventions the publication or application of which would be contrary to ordre public
or morality;
(b) new plant varieties, which are subject to the provisions of Law No. 9-94 respecting
the protection of new plant varieties.
Article 25:  Surgical or therapeutic methods of treatment for the human body or animals shall
not be considered inventions capable of industrial application pursuant to Article 22 above.  The
present provision shall not apply to products, and particularly substances or compositions, that are
used to put such a surgical or therapeutic treatment method into practice."
Computer programs are protect ed by Law No. 2-00 on copyright and neighbouring rights, and
new plant varieties are pr otected by Law No. 9-94.
Thus, Law No. 17-97 is consistent with the pr ovisions of Article 27 of the TRIPS Agreement.
Moreover, Law No. 9-94 on the protection of ne w plant varieties was drawn up on the basis of
the 1991 UPOV Convention.  This means that it meet s the requirements of Article 27 of the TRIPS
Agreement, which stipulates that new plant varieties must be protected by patents or by an effective sui
generis  system or by a combination thereof.  Protection based on the 1991 UPOV Convention is
considered to be an effective sui generis  system.
3. Does your legislation, in accordance with Article 27.1 in combination with Article 31 of
the TRIPS Agreement, consider importation as "working" a patent (and therefore preclude
compulsory licensing, if a product is being imported)?
Pursuant to Articles 16 and 51 of Law No. 17-97, the holder of a patent enjoys a temporary
exclusive right to exploit the patent.  That exclusive right includes the right to prevent any other
unauthorized person from exploiting the patent, pursuant to Articles 53 and 54 and Chapters 1 and 11
of Title VIII.
Article 53 provides as follows:
The following shall be prohibited, save consent by the patent owner:
(a) Making, offering, putting on the market or using a product which is the subject-matter
of the patent, or importing  or stocking a product for such purposes;
(b) using a process which is the subject-matter of the patent or – if the third party
involved is aware that or if the circumstances make it clear that the use of the process
is prohibited without the consent of the owner of the patent – offering to use such
process within Moroccan territory;
(c) offering, putting on the market or using the product obtained directly by a process
which is the subject-matter of the patent or importing , or stocking a product for such
purposes."
Article 54 likewise stipulates that:"It is also prohibited, without the consent of the owner of the patent, to supply or offer to
supply within Moroccan territory, to any person other than the person authorized to exploit
the patented invention, the means for putting such invention to use within that territory withIP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 105
respect to an essential element of the invention, if  the third party involved is aware, or if the
circumstances make it clear, that such means are suitable and intended for putting that
invention to use.
The provisions of the foregoing paragraph sh all not apply if the means for putting the
invention to use are products that are commercially available on a regular basis, unless the
third party incites the person to whom he delivers such means to commit the acts prohibited
by Article  53 above.
Persons who engage in the activities referred to in Article 55 below are not considered to be
persons authorized to exploit the invention in the sense of the first paragraph above."
However, the exclusive right conferred by the patent pursuant to the provisions of
Article 55(d) does not extend to acts concerning the product covered by the patent, carried out within
Moroccan territory, after the product has been made commercially available in Morocco by the owner
of the patent or with such owner’s express consent.
Articles 60 to 66 lay down the terms, conditions and procedures applicable to the granting of
compulsory licences.
With respect to new plant varieties, Article 16, paragraph 4, of Law No. 9-94 stipulates that
the authorization of the breeder is required for the following activities in regard to material for the
reproduction or propagation of the variety protected:
- Production or reproduction;
- conditioning for the purpose of propagation;
- offering for sale;- selling or other marketing;- exporting;- importing;
- stocking for any of the purposes mentioned above.
Follow-up question:
Please confirm whether your law, in accordance  with Article 27.1 of the TRIPS Agreement in
combination with Article 31 of the TRIPS Agreement, considers importation as
"working/utilizing" a patent (and therefore precludes compulsory licensing, if a product isimported).
Law No. 17-97 on protection of industrial pr operty deals with compulsory licences in
Articles 60-66.
The provisions of those Articles determine the conditions and formalities to be fulfilled for
the granting of a compulsory licence, and stipulate that such licences are granted by the competent
judicial authorities (commercial court) three years after the issue of the patent or four years after the
date of filing of the patent application.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 106
According to the above-mentioned provisions, any public or private law person may, within
the time-limits referred to above, submit an application to the competent court provided that such
application is accompanied by proof that the applicant was unable, by friendly agreement, to obtain alicence to use the patent from its owner on reasonable commercial terms and conditions, and that he is
in a position to exploit the invention in such a way as to satisfy the needs of the Moroccan market.
Similarly, a compulsory licence can only be non-exclusive and must be granted primarily in
order to supply the Moroccan market.
Thus, the application for a compulsory licence must be submitted in accordance with the
formalities and conditions referred to below, if at the time of the application and in the absence of
legitimate grounds for exemption (Article 60), the owner of the patent or his successor in title:
(a) Has not begun to exploit the patent or is taking effective and genuine preparatory
steps to exploit the patented invention on the territory of the Kingdom of Morocco;
(b) has not marketed the product covered by the patent in a quantity sufficient to satisfy
the needs of the Moroccan market;  or
(c) where the exploitation or marketing of the patent in Morocco has been abandoned for
more than three years.
The provisions contained in (a), (b), and (c) above constitute one of the essential criteria on
which any application to the court for a compulsory licence must be based.
Thus, failure on the part of the patentee or his successor in title to exploit or market the
patented product in Morocco in sufficient quanti ty to satisfy the needs of the Moroccan market
constitutes legitimate grounds for granting a compulsory licence.
Such marketing may be effected by the patentee or his successor in title and may arise from
the importation of a product patented in Morocco or from a local supply link resulting from
exploitation of the patent in Morocco.
However, in the event of any divergence of views on the interpretation of the provisions of
Law No. 17-97 on compulsory licences, the commercial courts alone have jurisdiction to entertain any
dispute arising from the implementation of that law, pursuant to the provisions of Article 15 thereof.
4. Does your legislation make the granting of  a compulsory licence subject to all the
conditions enumerated in Article 31 of the TRIPS Agreement?  Please cite the relevant
provisions of law.
Compulsory licences are governed by the provisions of Articles 60 to 66 of Law 7/97, which
are transcribed below:
"Article 60:  Any natural person or legal person in public or private law may, three years after
the issuance of the patent or four years after the date of filing the application for a patent,
obtain from the court a compulsory licence in respect of that patent, in accordance withArticles  61 and 62 below, if at the time of the request and in the absence of legitimate
excuses, the owner of the patent or his successor in title:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 107
(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) has abandoned the exploitation or marketing of the patent in Morocco more than three
years previously.
Article 61:  An application for a compulsory licen ce must be filed with the court.  It must be
accompanied by a justification stating that the applicant has been unable to obtain an
exploitation licence from the owner of the patent on an amicable 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 62:  A compulsory licence cannot be an exclusive licence.
A compulsory licence must be issued mainly for the purpose of supplying the Moroccan
market.
A compulsory licence is granted pursuant to conditions established by the court.  It must be
accompanied by a justification stating that the applicant has been unable to obtain an
exploitation licence from the owner of the patent on an amicable 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.  The court mayamend these conditions at the request of the owner or the licensee.
Article 63:  If the circumstances that led to the granting of the compulsory licence cease to
exist and it appears unlikely that they will arise again, the exploitation licence may be
withdrawn provided that the legitimate interests of the licensees are adequately protected.
Upon motivated request of any party having an in terest in the matter, the court may review the
continued existence of these circumstances.  If the owner of a compulsory licence fails toabide 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.  Any transfer
of the rights attached to a compulsory licence shall be submitted to the court for its approval,
on pain of nullity.
Article 64:  Once judicial decisions taken pursua nt 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 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 certificate of addition to the patent
itself, even if such certificate is issued befo re the expiry of the time-periods referred to in
Article  60 above.
Article 66:  If an invention protected by a pa tent cannot be exploited without infringing the
rights attached to an earlier patent for which the owner refuses to grant an exploitation licence
on reasonable commercial terms and conditions, the owner of the later patent may obtain a
compulsory licence from the court pursuant to the same conditions set forth in Articles  60 to
62 above, provided that:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 108
(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
of 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."
With respect to new plant varieties, Law No. 9-94 provides for two types of licences:
- Compulsory licences, pursuant to Articles 20, 21, 22, 23 and 24;- ex officio licences, pursuant to Articles 25, 26, 27, 28 and 29.Any natural person or legal person in public or private law may, three years after the issuance
of a certificate or four years after the date of filing the application for a certificate, obtain a
compulsory licence in respect of that certificate, in accordance with Articles 22 to 24 of Law No. 9-
94, if at the time of the request and in the absence of  legitimate excuses, the owner of the certificate or
his successor in title:
- Has not begun to exploit, or has not made effective and serious preparations to
exploit, the new plant variety covered by the certificate within Moroccan territory;  or
- has not marketed the product covered by the certificate in a quantity sufficient to
meet the needs of the Moroccan market;  or
- has abandoned the exploitation or marketing of the plant variety covered by the
certificate Morocco more than three years previously.
An application for a compulsory licence must be filed with the competent court.  It must be
accompanied by a justification stating that the applicant has been unable to obtain an exploitation
licence from the holder of the certificate, and that the applicant is in a position to exploit the plant
variety in serious and effective manner.
A compulsory licence cannot be an exclusive licence.  It is granted on specific terms,
particularly as to its duration, its scope and the royalties to which it gives rise.
At the request of the holder of the certificate or the licensee, these terms may be amended by
decision of the competent court.
Any transfer of the rights attached to a compulsory licence shall be submitted to the
competent court for its approval, on pain of nullity.
If the owner of a compulsory licence fails to abide by the conditions pursuant to which the
licence was granted, the holder of the certificate and, if applicable, the other licensees may have thecourt withdraw the licence.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 109
A plant variety which is indispensable to human or animal life or which is of public health
interest may be exploited ex officio by any person providing the appropriate technical and
professional guarantees.
Ex officio exploitation shall be authorized pursuant to administrative approval.
As from the date of publication of the administrative act authorizing the ex officio
exploitation of a certificate with respect to a new plant variety, any person providing the appropriate
technical and professional guarantees may ask to be issued a licence, which shall be referred to as an
"ex officio licence".
An ex officio licence cannot be an exclusive licence.  The terms and conditions for requesting
and issuing such a licence are established by regulation.
An ex officio licence is granted on specific terms, particularly as to its duration and scope.
The royalties to which an ex officio licence gives rise are left to the parties to agree upon
between themselves;  or in the event of failure to reach such an agreement, the amount of such
royalties is established by the competent tribunal.
If the holder of an ex officio licence fails to abide by the conditions stipulated, the licence
may be cancelled according to procedures established by regulation.
The State may, ex officio and at any time, for national defence purposes, obtain an
exploitation licence with respect to any new plant variety which is the subject of a new plant variety
certificate or an application for such a certificate, whether the exploitation of the new plant variety isto be done by the State itself or on its behalf.
Such ex officio licences are authorized by an administrative act under conditions established
by regulation.
The said administrative act lays down the terms of the licence.
The royalties to which such an ex officio licence gives rise are left to the parties to agree upon
between themselves;  or in the event of failure to reach such an agreement, the amount of such
royalties is established by the administrative tribunal of Rabat.
Such a licence takes effect as from the date of the request for an ex officio licence.The rights attached to an ex officio licence may not be assigned or transferred.
5. Does your legislation provide for the principle of the reversal of burden of proof in a
process patent litigation?   Please cite the relevant provisions of law.
This question raises the problem of the legal pr otection for owners of patents whose rights have
not been respected owing to illegal acts committed by infringers of the law on industrial property.
In order to provide better safeguards for owne rs of patents in this respect, the Moroccan
legislator has adopted the pr inciple of freedom of proof.
In this connection, Article  211 of Law No. 17-97 on the protection of industrial property
provides as follows:IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 110
"The holder of an application for a patent or an application for a certificate of addition to a
principal patent, may present all types of evidence in order to demonstrate the infringement of
which he claims to be a victim.
Moreover, he may have a bailiff or court officer, at the instruction of the president of the court
having jurisdiction in the place where the infringement is alleged to have taken place, make a
detailed description of the goods or processes alleged to be counterfeit, with or without
seizure.  The description may be carried out with the assistance of a qualified expert.
For purposes of carrying out the same order, the president of the court may authorize a bailiff,
assisted by a qualified expert, to carry out any steps useful in establishing the origin, nature
and extent of the infringement.
The same right is granted to any holder of an exclusive right of exploitation pursuant to the
second paragraph of Article 202 of this Law, or pursuant to Article  210 above with respect tothe holder of a compulsory licence or an ex officio licence.
If the applicant has failed 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 null and void as of right, without prejudice to possible damages."
Under ordinary law, 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, Article  22 of the Comm ercial Code provides as follows:
"In the course of a judicial proceeding, the court may order, either at ex officio or at the
request of one of the parties, that the accounting documents be excerpted or communicated."
The Commercial Code adds that "excerpting c onsists of extracting from the accounts only those
entries that concern the case before the court" (Article  23), and in the event that the respondent
endeavours to thwart this provision, the Commercial Code stipulates that "if, in response to the judge’s
order, the merchant refuses to produce his accounts, or states that he has no accounts, the judge may
consider the same as supporting the other party’s claims" (Article  25).
Similarly, the Dahir on obligations and contract s - the Moroccan Civil Code - states that "the
provision of evidence in respect of obligations need not be according to any special form other than such
as may be explicitly established by law" (Article  401).
The same Dahir enumerates the forms of evidence recognized by law as follows:
1. "Admission by a party;
2. written or documentary evidence;
3. oral evidence;
4. circumstantial evidence;5. sworn testimony, and the refusal to gi ve sworn testimony" (Article  404).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 111
The Dahir also states that where facts are to be proved, written or documentary evidence is
excluded (Article 444), and of course this is to the benefit of claimants or those whose rights have been
infringed upon.
C. PROTECTION OF UNDISCLOSED INFORMATION
6. Please explain in detail if your legislation ensures that undisclosed test or other data
submitted by an applicant to the responsible State agency in the procedure for market
authorization of a pharmaceutical or of an agricultural chemical product is protected against
disclosure and against unfair commercial use by a competitor, for example by prohibiting a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does yourlegislation provide for exceptions to this?  If yes, under what conditions would such exceptions
apply?  Does your legislation set a specific term of protection for undisclosed test or other data
of the first applicant?
The protection of undisclosed information, particul arly in regard to procedures for obtaining
authorization from the Ministry of Public Health to market a product, is provided for in a number of
laws and regulations.
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.
In the area of industrial property, this protec tion is granted pursuant to Articles 215 and 216 of
Law No. 17-97.
Article 215 provides as follows:"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 ... "
"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."
And Article 216 provides:
"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 to
a main patent or integrated circuit layout-designs (topographies) for which an application has beenfiled 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."IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 112
With regard to new plant varieties, Article 71 of Law No. 9-94 stipulates that the production
and trade secrets of interested parties are to be safeguarded.  The opposing party is given access to
evidence that might reveal such secrets only insofar as consistent with their protection.
Follow-up question
Referring to the issue of unfair commercial use of data submitted by an applicant to the
responsible State agency in the procedure for mark et authorization of a pharmaceutical or of an
agricultural chemical product, please explain in detail if your legislation explicitly prohibits a
second applicant from relying on, or from referring to the original data of the first applicant,
when applying subsequently for market authorization for his own product.  Does theresponsible State agency require the same amount of data from the second applicant as from the
first applicant?
The file accompanying the application for marketing authorization in Morocco is composed
of different parts:
- The first part concerns the chemical molecule.  This is the active starting material for
the medicinal product.
- The second part concerns the manufacturing process.- The third part concerns the clinical, pharmacological and toxicological studies.The information contained in the third part of the file constitutes undisclosed information.
Such information provides evidence of the effectiveness and safety of a given medicinal product andis usually published in international scientific journals.
A second applicant wishing to register the same product as a generic product is permitted to
use a simplified procedure, i.e. he is not obliged to repeat all the clinical, pharmacological and
toxicological studies, but may refer to the data published in the scientific literature.
It should be noted that Moroccan legislation provides for the protection of pharmaceutical
products and agricultural chemical products.
Article 21 of Law No. 17-97 on the protection of industrial property provides as follows:"The invention may relate to products, to processes or to any new application or combination
of known methods, for the purpose of attaining a result not previously attainable by
state-of-the-art means.  The invention may also relate to pharmaceutical compositions,
pharmaceutical products or remedies of any kind, including the processes and devices used to
produce them."
Article 17 of the same Law indicates that patents for invention shall be issued for a term of
protection of 20 years from the date of the filing of the patent application.
D. E
NFORCEMENT
7. Please indicate remedies provided by your legislation, which constitute effective
deterrents to infringements of intellectual property rights.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 113
The issue raised in question 7 has been discu ssed fully in the document containing Morocco’s
replies to the Checklist of Issues on Enforcement (IP/N/6/MAR/1).
8. Please describe any new initiatives that are planned to improve enforcement of
intellectual property rights in your country, particularly initiatives related to criminal
enforcement.
The issue raised in question 8 has been discu ssed fully in the document containing Morocco’s
replies to the Checklist of Issues on Enforcement (IP/N/6/MAR/1).
IP/N/6/MAR/1).IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 114ANNEX
STATISTICS OF INTELLECTUAL PROPERTY DISPUTES HEARD
BY THE COMMERCIAL COURTS IN 1999 AND 2000
Court Year Disputes considered on
the merits1Rulings on the merits Summary proceedings1Interim orders Amounts awarded (DH)
1999 15 44 00 05 90,000 Casablanca
2000 36 31 00 04 6,000
1999 00 00 00 00 00 Rabat
2000 14 08 10 10 10,000
1999 00 03 16 16 00 Fez
2000 02 04 13 13 23,000
1999 00 00 00 00 00 Agadir
2000 05 40 54 54 84,000
1999 05 05 00 00 00 Tangier
2000 23 16 03 03 00
1999 07 07 15 15 00 Marrakesh
2000 11 11 09 09 00
TOTAL 118 169 120 129
                                                     
1 Subject-matter of the disputes:  trademarks, trade names, bleach, wines, leather bags, clothing, marble, cassettes, Gillette r azors.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 115STATISTICS OF INTELLECTUAL PROPERTY DISPUTES HEARD
BY THE COURTS OF FIRST INSTANCE1 IN 1999 AND 2000
- CIVIL AND CRIMINAL CASES –
CIVIL PROCEEDINGS2CRIMINAL PROCEEDINGS2Court
Year Cases
considered
on the
meritsRulings on
the meritsSummary
proceedingsInterim
ordersCompensation
awardedCases
registeredConvictions Acquittals Total
rulingsCompensation
awarded
1999 18 18 00 00 Casablanca
2000 00 00 00 00
1999 00 07 01 00 Rabat
2000 00 05 00 01
1999 00 00 00 00 Mohammedia
2000 00 00 00 00
1999 00 00 00 00 Fez
2000 02 02 00 00
1999 00 01 00 00 Meknes
2000 00 00 00 00
1999 01 01 07 06 Marrakesh
2000 00 01 02 02
1999 00 00 00 00 Settat
2000 00 00 00 00
1999 00 00 00 00 Safi
2000 00 00 00 00
1999 01 01 00 00 Tangier
2000 00 00 02 02
1999 00 00 02 01 Agadir
2000 00 00 00 00
1999 00 00 00 00 Elfida derb sultan
2000 00 00 00 00
Oujda 1999 00 00 00 00
2000 00 00 02 02
                                                     
1 These statistics concern only 16 courts of first instance out of the 68 making up the Moroccan judiciary.
2 Subject-matter of the disputes:  Leather goods (bags), tiles,  bleach, video cassettes, electrical appliances, and so forth.IP/Q/MAR/1, IP/Q2/MAR/1,
IP/Q3/MAR/1, IP/Q4/MAR/1
Page 116CIVIL PROCEEDINGS2CRIMINAL PROCEEDINGS2Court
Year Cases
considered
on the
meritsRulings on
the meritsSummary
proceedingsInterim
ordersCompensation
awardedCases
registeredConvictions Acquittals Total
rulingsCompensation
awarded
1999 00 00 00 00 Ain Sebaa-HayMohammadi 2000 01 01 00 00
1999 00 00 00 00 Kenitra
2000 00 00 00 00
1999 00 00 00 00 Ain chok
1999 00 00 00 00
2000 00 00 00 00 Tétouan
1999 00 00 00 00
Total 23 37 16 14
__________