New law No. 31-05 entered into force on February 20, 2006, which amend and complete the actual law No. 19-97. The amendements made brings the Moroccan law on industrial property into harmony with the Patent Law Treaty (PLT), Trademark Law Treaty (TLT) and also to comply with the Free Trade Agreements signed between Morocco and other countries (USA, Jordan, Egypt, Tunisia and Turkey).

 

The new law brought about a number of important amendements which comprise aspects of trademarks, patents, and add other provisions of industrial property.

 

The period of protection of a patent can be extended, if the patent is granted 4 years as from the date of filing of the patent application, by the number of days covering the period between the expiry date of 4 years-period and the date of grant. - At the request of the patentee, the protection period of a patent of a pharmaceutical product can be extented to compensate any reduction of the term of protection due to the delay in administrative procedures regarding the official authorization for marketing required for drugs. The extention term covers the period between the date on which the the official authorization for marketing is issued and the grant date of the patent.

 

The extention term of the protection period takes effect as from the expiry of the legal term of protection of the patent of invention. Such request for extention should be submited to the patent office within 3 months as from the date of issuance of the marketing approval, against payment of relevant fees. - The law extend the grace period within which an inventor could divulge his invention, before the date of filing of the patent application to 12 months instead of 6 months.

 

The geographical indications and the appellations of origin are registered and kept in a separate register by the Trade Mark Office and are also subject to opposition by an earlier right holder or the owner of a protected trademark.

 

The new law 31-05 provides for new types of marks: Sounds Signs (such as sounds, musical phrases) and Olfactory Mark. The system of opposition has been implemented in Morocco, trademark applications are now subject to opposition within 2 months as from the publication date A decision on opposition in rendered by the TMO within 6 months which can be extended for a further period of 6 months either at the request of the parties involved or at the initiative of the TMO.

 

The final decision on opposition issued by the TMO can be appealed by the parties concerned before the Trade Court of Appeal of Casablanca. N.B.: Trademark applications filed as from February 20, 2006 are subject to opposition within 2 months as from the pubilication date. The first gazette has been issued containing trademark applications filed from february 20 to february 26, 2006.