Morocco

General Information

• Capital: Rabat
• Population: 29.7 million
• Area: 446 550 km2
• Languages: Arabic - official language. French, Spanish, Berber
• Exports: Food and beverages; semi-processed goods; consumer goods; phosphates
• Imports: Semi-processed goods; capital goods; food and beverages; fuel and lubricants; consumer goods; raw materials
• Currency: Moroccan Dirham

Trade Marks

International Conventions

WIPO, WTO, Paris Union, Signatory of the Trade Mark Law Treaty, Madrid Agreement, Signatory to the Madrid Protocol, Nice Agreement, Nairobi Treaty, Berne Union, Hague Union.

Requirements for Application

(a) Power of attorney, simply signed. A separate document is required for each application.
(b) Fifteen prints and a printing block of the trade mark - device marks.

Classification

International classification of goods and services. A single application may cover more than one class.

Procedure

Examination as to formal requirements only. If all original documents are not lodged within 3 months of the filing date, the application may be refused.

Opposition

There are no provisions for filing opposition to a trade mark registration.

Use

Registration may be cancelled if there has been no bona fide use of the trade mark for a continuous period of five years up to date of application for cancellation.

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods. No grace period allowed.

Licensing/Registered Users

Licensing is recognised. The license agreement must provide for quality control by the licensor.

Requirements

(a) License agreement, in French or accompanied by verified translation, legalised up to Moroccan consular level;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the user.

Assignments

Assignments are possible and may be made with or without goodwill

Requirements

(a) Deed of assignment, in French or accompanied by verified translation, legalised up to Moroccan consular level;
(b) Power of attorney from the assignee.

Marking of Goods

Notice of registration by use of the legend ‘Marque Déposée’ optional.

Generally, there is no requirement to mark the country of origin on the goods. False or misleading labels are prohibited as are any goods bearing emblems or insignia that are similar to or copies of Moroccan religious or official emblems or insignia.

There are specific requirements for the labelling of foodstuffs, drugs and pharmaceuticals.

Labels affixed to processed food products should state the name and address of the manufacturer and packer, the country of origin and the weight of contents. The same applies to drug and pharmaceutical labels that must bear the name and percentage of each component.

Patents

General

Morocco is a member of the International Convention, WTO and PCT. It had two zones - a Casablanca zone (French zone) and a Tangier zone. Previously, patent protection had to be obtained separately and then maintained in each of the zones. Patent protection obtained for Morocco (Casablanca zone) also previously covered Western Sahara. Patent protection in Tangier could also previously be obtained by way of a patent of importation but this is no longer possible. New Industrial Property legislation is coming into force as from 18 December 2004 unifying the two zones and making any patent in either zone effective in the other zone. In terms of the new law, it is no longer necessary to file separate applications in each zone.

Patentable Subject Matter

Products, processes or new application or combination of known means to achieve a result unknown In the prior art are patentable. Under the new law, pharmaceutical inventions are now patentable but methods for the treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body are excluded. The exclusion does not apply to products, in particular substances or compounds, for use in any of these methods.

Filing Requirements

Neither legalisation nor notarisation of any documents is required. A specification in French is needed.

Novelty

An invention is new if it does not form part of the state of the art. The state of the art comprises everything made available to the public by means of a written or oral description, by use or in any other way, before the date of filing or priority date.

Disclosure is excused if it occurred within the six months preceding the filing date; if it results from the publication, after the date of filing, of a prior patent application and if, in either case, it was due directly or indirectly to an evident abuse in relation to the applicant or his legal predecessor or the fact that the applicant or his legal predecessor had displayed the invention at an official, or officially recognised, international exhibition held in a convention country. In the latter case, the displaying of the invention must be declared at the time the application is filed. 

Examination

Examination is restricted to form only and patentability based on the title.

Duration/Maintenance

A patent has a term of twenty years from the date of filing subject to payment of renewal fees every five years. Patents and patent applications filed under the previous legislation and on which the 5th, 10th, 15th or 20th annuities have not already been paid require multiple annuities to be paid up to the 5th, 10th 15th or 20th annuities, as the case may be, on the next anniversary of filing/international filing date occurring after 18 December 200 Thus if for example the 2nd annuity has been paid, when the 3rd annuity becomes due, if this is after 18 December 2004, the 3rd, 4th and 5th annuities must be paid to bring the patent into the five year cycle. If the 5th, 10th or 15th annuity was the last annuity paid, then the patent must be renewed for 5 years when the next annuity is due. A grace period of six months is allowed for late payment of annuities as of right. The Act requires the Patent Office to issue a notice of lapsing and, within 3 months after receipt, restoration is possible if the patentee can justify the reason for non-payment.

Working

After 3 years from grant or 4 years from filing, whichever is later, a compulsory licence may be granted if:

(a) working has not begun or real and effective preparations for working have not begun;
(b) the needs of the market are not being satisfied;
(c) working has been abandoned for more than 3 years;
(d) where the interests of public health demand, patents for medicines, processes for obtaining medicines, for products necessary for obtaining medicines or processes for obtaining these products, if the medicines are not made available to the public in sufficient quantity or quality or at an abnormally high price; or
(e) the State requires the patent for defence requirements. 

Licences/Assignments

Recordal of Licences and Assignments is necessary in order to have effect against third parties.