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Summary of Trademark Registration System :
Summary
of Patent Registration System :
Summary of Design Registration System :
Summary of Domain Name Registration System :
A new law No. 17-97
on Industrial Property was promulgated and published in the Official
Gazette No.4778 on March 16, 2000, to unify the two separate laws
which were governing industrial property in Morocco, law dated
June 23, 1916 governing the ex-French zone and law of October
4, 1938 governing the Tangier zone.
A most recent law No. 31-05 amending and completing the above
law had entered into force on February 20, 2006.
Below is a summary of trademark, patent, design and domain name
registration system and requirements.
Summary of Trademark
Registration System in light of
the new laws 17-97 and 31-05 :
Once a trademark
application is filed, it will be published in an Official Gazette
for opposition by thirds within a legal period of 2 months as
from publication date.
An opposition can be filed on the basis of :
- A prior trademark registration.
-A well-known trademark (according to the provisions of article
6bis of Paris Convention).
-A registered Geographical Indication.
In case no opposition was filed, the trademark application is
granted Registration.
The validity period of a trademark is 10 years starting from application
date, renewable for similar periods indefinitely.
A trademark can be renewed within the 6 months preceding its due
date. A grace period of 6 months starting from expiry date is
granted for late renewal with fine.
The 9th edition of Nice Classification is applicable in Morocco.
Except for licenses, all acts affecting propriety of the trademark
(assignments, mergers, change of name…) must be recorded. Otherwise,
they will not be enforceable against thirds.
Can also be registered :
- Sound marks
- olfactifs marks
- Collective marks
- Certification Collective marks.
Note: Morocco is a party to the Madrid Agreement and Protocol
regarding the international registration of trademarks and a member
to the Paris Convention for the Protection of Industrial Property.
Summary of Patent
Registration System in light
of the two laws 17-97 and 31-05 :
Once an application for the registration of
a patent is filed, it will be examined as to form only. No substantive
examination is carried out as to novelty, inventive steps or Industrial
application.
- The validity period of a patent is 20 years as from date of
filing.
- Annuities are paid in blocks of 5 years. A grace period of six
months is granted for late payment of annuities.
- The validity period of pharmaceutical patents can be extended,
under conditions.
- A patent may be subject to a compulsory license if not worked
out within a period of 3 years as from grant date or 4 years as
from filing date.
- A patent may be subject to ex-officio license, when the public
health or security is involved.
- Inventions of employees are protected.
- Pharmaceutical products and compositions as well chemicals are
patentable
- A certificate of Addition is also patentable.
Note: Morocco adhered to the PCT (Patent Cooperation Treaty) on
October 8, 1999.
Summary of Design
Registration System
:
Industrial designs
/ models are examined as to the form only, without any substantive
examiationas to novelty.
One application can include up to 50 designs
of the same nature.
The protection period of an Industrial design / model is 5 years
as from filing date, renewable for two other consecutive periods
of 5 years each.
The total period of validity of an Industrial design / models
can not exceed 15 years.
An Industrial design / model can
be renewed within the 6 months prior to its due date. A grace
period of 6 months as from expiry date is granted for late renewal
with fine.
Summary of Domain Names
Registration System
:
There is no law
governing domain names in Morocco. Cases of domain names disputes
are brought before the courts.
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