News & Events

The new Industrial Property Law has been adopted in Morocco and will come into effect as of 18 December 2004.

The main amendments brought by this new law are:

1-     The annulment of the two laws currently in force : the Dahir Law of 1916 covering Morocco Zone (CASABLANCA) and the 1938 Law which covers Tangier Zone. However, the two laws will remain in force until 18 December 2004.

2-     The new unified law will cover the whole Moroccan territory (both Tangier and Casablanca Zones). i.e. there will be NO need to file separate applications in both zones, as one application will be sufficient to cover both of them.

3-     Pharmaceutical compositions, pharmaceutical products and/or remedies including the processes will now become patentable.

4-     The protection of indications of origin and appellations of origin.

5-     The protection of schemes of configuration (topographies) of integrated circuits.

6-     The regulation of rights and obligations of employer and employee in case of invention by the latter.

7-     The regulation of titles of industrial co-ownership.

8-     The protection terms have been amended to:

1. 20 non renewable years for patents
2. 10 years renewable indefinitely, with a grace period of 6 months for late renewals for trademarks.
3. 5 years renewable for two new consecutive periods of 5 years for designs and industrial models.
4. 10 years for schemes of configuration.

                                                              i.      Regularization of an incomplete filing dossier : 3 months

                                                             ii.      Grace period for settlement of patent annuities after expiration of due date : 6 months

9-     IMPORTANT :

• As of 18 December 2004, all patents, trademarks, designs or model registrations which were registered or filed prior to 18 December 2004 in either Morocco (Casablanca) or Tangier Zones, will automatically extend its protection  to the other zone.

• If the expiration of a trademark or model is included in the period of six months after 18 December 2004 (untill 17 June 2005), renewal can be effected before the application of the new law in order to benefit from a new  term of 20 years instead of 10 years for trademarks and 25 years instead of 5 years for models.

• However, it should be noted, that like the laws currently in force, the examination of applications according to the new law will only be form, i.e. the applications will not undergo any substantive examination. Nevertheless, the new law stipulates very strong civil and penal sanctions in cases of counterfeiting and illegal competition.