The different types of intellectual property as protected in Morocco are listed as follows:

• Patents (Inventions):

Under Moroccan law, patent protection is available for any invention that is novel, involves an inventive step, and is industrially applicable, provided it does not form part of the existing state of the art. Patent rights are granted by the OMPIC.

Eligible subject matter may include:

• Products,
• Processes,
• New applications or combinations of known means that produce a result previously unknown within the state of the art.

Patent protection also extends in Morocco to:

• Pharmaceutical inventions, including compositions, products, and manufacturing methods or devices;
• Computer-implemented inventions, provided that the invention:
  • Relies on a computer, computer network, or other programmable device,
  • Is wholly or partly executed by means of one or more computer programs, and
  • Provides a technical contribution beyond mere software functionality.

In addition, biotechnological inventions may be patentable under specific conditions. This includes:

• Biological material isolated from plant varieties or animal breeds, or obtained through a technical process;
• Plants or animals, where the invention is not limited to a particular plant variety or animal breed;
• New plant varieties not already subject to a plant breeder’s rights application, in accordance with Law No. 9.94 on the Protection of Plant Varieties.

However, Moroccan Law excludes the following subject matter from protection:

• Discoveries, scientific theories, and mathematical methods;
• Aesthetic creations;
• Schemes, rules, and methods for performing mental acts, playing games or doing business, as well as computer programs as such;
• Presentations of information;
• Inventions whose publication or exploitation would be contrary to public policy or morality;
• Plant varieties already protected under Law No. 9.94;
• Methods of surgical or therapeutic treatment of the human or animal body, and diagnostic methods applied to the human or animal body. However, products such as substances or compositions used in such methods remain patentable.

• Integrated circuit layout-designs (Topographies):

Under Moroccan Law, the topography of an integrated circuit benefits from specific protection as a form of technical and intellectual creation, with the objective of fostering innovation in the microelectronics sector while maintaining a narrowly defined scope of legal protection.

The term “topography” refers to the three-dimensional arrangement, regardless of its form of expression, of the elements (including at least one active element) and all or part of the interconnections of an integrated circuit. This protection also applies to layouts designed for circuits that are yet to be manufactured. The topography must reflect an original design effort, resulting in a unique physical structure attributable to its creator.

Protection is strictly limited to the topography itself, and does not extend to:

• The underlying ideas, concepts, systems or techniques used to create the layout;
• The encoded information embedded within the circuit.

This limitation is designed to prevent overbroad protection and to ensure that technical innovation remains accessible, with legal protection confined solely to the original design of the layout.

To obtain protection, the topography must be formally registered with the OMPIC.

Upon registration, a certificate of topography is issued. This certificate constitutes a standalone industrial property right, distinct from patents or industrial designs.

• Industrial designs and models:

Moroccan Law distinguishes between industrial designs, defined as any combination of lines or colors, and industrial models, which refer to three-dimensional shapes, whether or not combined with lines or colors. Both serve to give a product, whether industrial or handcrafted, a distinctive external appearance that may be replicated in the manufacture of similar products.

Importantly, protection applies only to the aesthetic aspects of the product. It does not extend to technical or functional features, but rather to the visible characteristics such as shape, contours, lines, colors, texture, and surface ornamentation.

To qualify for protection, a design or model must meet two key legal requirements:

Novelty:

The design or model must produce a distinct visual impression that sets it apart from existing designs. Novelty is evaluated from the perspective of an informed observer, and prior disclosures, whether through publication, use, display, or commercialization, may defeat novelty if made before the filing or priority date.

Distinctive Character:

The creation must not merely reproduce or imitate existing designs. It should present a unique combination of features, such as proportions, ornamentation, or styling, that clearly differentiates it from prior works.

Once these criteria are satisfied, the design or model may be registered with the OMPIC. Upon registration, the applicant is issued a Certificate of Registration of an Industrial Design or Model, which constitutes a formal industrial property right.

• Trademarks, trade names or service marks:

A trademark for goods, commerce, or services is protected in Morocco when it constitutes a sign capable of graphical representation, serving to distinguish the products or services of a natural or legal person. These signs may include:

Brand Shape	Explanation
Words marks	Words: All words, in the broad sense, are signs that may constitute a valid mark. Exceptions are made for words which merely qualify or designate goods or services to which the mark applies, in which case the sign is not distinctive. Examples of descriptive markings: “air”, “motorcycle”.
	Word assembly: These are either: ·       Compound nouns: Compound nouns can be in the form of everyday terms. ·       Neologism: a neologism is a new word coined by the contraction or modification of several existing words, such as “NESCAFE”. ·       Slogans: a slogan is a concise and striking formula designating a product or service, their purpose is to summarize the purpose and/or characteristics of the product or service. The slogan must be distinctive and not deceptive, i.e. not likely to mislead the public about the origin or quality of the product.
	Surnames: Names in the form of a patronymic (surname) can constitute a valid trademark. This is the case of “FORD” for cars. However, the use of a common surname as a trademark (homonym) is a delicate issue, as it risks losing its distinctive character to the extent that consumers will no longer be able to distinguish the goods or services of a particular company. Courts may limit or prohibit the recent trademark applicant from using his or her name by the namesake that is already registered by another person as a trademark. To this end, they order an addition to this name, in order to avoid the risk of confusion. Indeed, the use of a third party’s surname is subject to the latter’s authorization.
	Pseudonyms: They can also be registered as trademarks. In the case of a pseudonym of a third party, the authorisation of its holder must be sought prior to registration. Failing this, its owner may prohibit the commercial use and cancel the registration of the trademark if he demonstrates, as in the case of surnames, that its commercial use or its registration as a trademark is likely to cause him prejudice due to confusion. Famous pseudonyms can be freely chosen as a trademark due to their negligence or the absence of the rights holders. The names of literary or cinematographic characters that do not constitute pseudonyms or patronymic names may also be lawfully registered as trademarks. If these names are original, they are covered by copyright for the benefit of their creator and consequently, their registration as a trademark by someone other than the latter, requires authorization from the rights holder, for example: the case of the Tarzan character.
	Geographical names: The geographical name may be registered as a trademark. The choice of a geographical name as a trademark is prohibited in the following cases: ·       When it is an appellation of origin that cannot be validly registered as a trademark, because it is a collective asset that all producers in a region can use, which justifies the prohibition of its exclusive use by a single person. ·       When the appropriation as a trademark is likely to damage the name, image or reputation of a local authority. ·       When the geographical name is likely to mislead the public as to the origin of the product or service.   The registration of a geographical name as a trademark has disadvantages, in particular the impossibility of preventing a competitor who also actually carries on his activity in that place from mentioning his address. This can then result in confusion that can harm the trademark owner.
	Letters, numbers and acronyms: Letters, numbers or initials may constitute a trademark. Thus, the following are valid trademarks: ·       The letter “O” for a perfume from Lancôme. ·       The number 555 for perfumes. ·       The acronym “SVP” for services.
Figurative marks	Drawings: Drawing can be defined as any line or color arrangement representing an image with a specific meaning, it can be the figuration of a player or a crocodile such as “Lacoste” for clothing brands. The design can be combined with a name to form a complex mark. To constitute a valid trademark, the design must not infringe the rights of its author if the design was not made by the applicant. The latter must ensure in writing that the rights have been transferred for trademark purposes. When the design represents the features of a person, its use as a trademark requires the prior authorization of the owner of the design or his successors. Thus, any person can prohibit the reproduction of his features.
	Labels: Among the signs that can be protected within the framework of the trademark are labels, such as jeans labels.
	Stamps, selvedges and reliefs: They are capable of constituting a trade mark provided that they are distinctive, i.e. have a shape not imposed by the nature of the product or correspond to the normal function of the product.
	Logos: A logo is a symbol made up of a set of graphic signs that make up a brand for a product or a company. When they benefit from copyright, logos cannot be registered as a trademark without the written permission of their author. This type of sign can be registered as a trademark provided that it is distinctive.
	Hologram and CGI: The validity of such signs expresses the legislator’s desire to take account of new technological realities. An example of this is the shape of the yoghurt box.
	Shapes: The law considers shapes to be distinctive signs. It then contented itself with listing a few examples of the different shapes that could constitute a trademark, art.133.b designates “… shapes, in particular those of the product or its packaging or those characterising a service… ». Thus, shapes of a generic or banal nature, or shapes that are imposed by the nature of the product, or those that give the product its substantial value, are not considered valid.
	Colors, layouts, combinations, color shades: The Law sets out the provisions, combinations of colours or shades of colours as a sign that can be registered as a trademark. The choice of a single colour, as such, cannot create a monopoly situation for the depositor to the detriment of other operators. Indeed, the natural colour of a product cannot be registered. Finally, one or more colors can be validly used as a trademark in a particular position.
Sound marks	They are one of the notable innovations of the Act, which states that musical sounds and phrases can constitute a trademark provided that they are capable of graphic representation. In the field of sound, graphic representation can be done by means of the transposition of music into notes written in a sufficiently precise manner or by a device that records the sound to represent it on a specific graphic.
Olfactory marks	This sign can be identified in practice, for example, by the presentation of a chemical formula for the smell. However, the techniques currently used do not reliably identify the designated odour, which explains the constant search for effective means for the representation of this type of mark.

Under Moroccan Law, for a sign to be eligible for trademark protection, it must satisfy a set of substantive requirements:

• Lawfulness: The sign must not be contrary to public order or morality.
• Non-deceptiveness: It must not mislead the public, particularly with respect to the nature, quality, or geographical origin of the goods or services.
• Distinctiveness: The mark must be capable of distinguishing the goods or services of one undertaking from those of others.
• Availability: The sign must not infringe prior rights, including existing trademarks, trade names, or other protected signs.

Moroccan trademark law recognizes various categories of trademarks based on their commercial function:

• Manufacturer’s Trademark: This refers to a mark affixed by the manufacturer to goods it produces. These goods may be either finished products or raw materials. A single product may carry multiple trademarks, reflecting contributions from different manufacturers along the supply chain.
• Commercial Trademark: This mark is applied by the distributor to the products it markets. It may coexist with the manufacturer’s trademark, but its function is no longer to indicate the origin of the product, but rather to differentiate the distributor’s offering in the market.
• Service Mark: A service mark is used to identify services offered by various economic operators, such as those in the transport, banking, insurance, hospitality, legal, or consulting sectors. Given the intangible nature of services, these marks are often used as trade names or business signs, but they may also appear on physical items associated with the service (e.g. luggage tags, checkbooks, business documents).

Trademark protection is formalized through registration with the OMPIC.

Upon registration, the applicant receives a Certificate of Registration of a Trademark for Goods, Commerce, or Services, which constitutes an enforceable industrial property right.

• Collective marks:

The Law provides for the registration of collective marks and certification marks, which are distinct from standard trademarks in both form and function. These legal instruments are designed to regulate the use of a distinctive sign by multiple authorized users in Morocco, under specific conditions set by the owner of the mark. They are commonly used in sectors such as associations, crafts, and agri-food, where they serve to promote collective recognition or ensure compliance with quality standards.

1. Collective Marks: Shared Use Under Common Rules

A collective mark is intended to be used by several entities or individuals, provided they adhere to the rules of use established by the mark holder, typically an association, cooperative, or other representative group.

The collective mark functions as a shared commercial identity, enabling members to:

• Pool their resources to improve the market positioning of their goods or services;
• Increase visibility in competitive sectors;
• Foster consumer trust through consistent branding.

2. Certification Marks: Guaranteeing Objective Standards

A certification mark, by contrast, serves to guarantee that goods or services bearing the mark conform to objective criteria, particularly relating to:

• The nature or type of the product or service;
• Its technical properties;
• Specific qualitative standards.

Unlike collective marks, certification marks do not imply group membership. Moreover, the Law in Morocco prohibits the manufacturer, importer, or seller of goods or services from registering a certification mark.

• Geographical indications and appellations of origin:

In Morocco, the Law provides protection for two distinct forms of geographical signs used to designate products that originate from specific locations and derive particular qualities or reputations from that origin: Geographical Indications and Appellations of Origin.

These legal instruments play a vital role in the promotion of local products, the preservation of cultural and regional heritage, and the prevention of commercial misappropriation.

1. Geographical Indications:

It refers to any sign used to identify a product as originating from a defined geographical area, be it a territory, region, or locality, where a specific quality, reputation, or characteristic of the product is essentially attributable to that origin.

It may consist of a broad range of identifiers, including:

• Geographical or personal names;
• Letters or numerals;
• Figurative signs;
• Specific colours or combinations thereof.

2. Appellations of Origin

By contrast, an Appellation of Origin is defined more narrowly. It refers specifically to the geographical name of a country, region, or locality that is used to designate a product:

• That originates exclusively from that geographical area; and
• Whose qualities, reputation, or specific characteristics result exclusively or essentially from the geographical environment, including both:
  • Natural factors (e.g. climate, soil, topography); and
  • Human factors (e.g. traditional know-how, production techniques).

• Distinctive signs for handicraft products:

The Moroccan handicrafts sector, renowned for its traditional know-how and cultural diversity, benefits from a dedicated legal framework under Law No. 133.12.

Under this legal regime, two primary types of distinctive signs are recognized for handicraft products:

1. National or Regional Handicraft Label

This label is an official mark of quality recognition awarded to artisanal products that meet specific criteria, including:

• Unique characteristics related to their design, manufacturing process, or raw materials;
• Superior quality in comparison to similar products on the market;
• When applicable, a demonstrable link to a specific geographical origin.

The label serves as a symbol of excellence, enhancing the market value of products while affirming their authenticity.

2. Geographical Indication for Handicraft Products

Complementing the general regime of geographical indications under Law No. 17-97, Law No. 133.12 establishes a specific geographical indication tailored to artisanal products. This sign identifies products originating from a particular territory, region, or locality, where the product’s quality, reputation, or specific characteristics are essentially attributable to that geographical origin.

The artisanal geographical indication aims to:

• Protect local Moroccan handicrafts against imitation and misappropriation;
• Valorize local cultural resources and craftsmanship;
• Guarantee authenticity to consumers.

• Distinctive signs of origin and quality for foodstuffs, agricultural and fishery products:

Moroccan legislation, specifically Law No. 25.06, provides a comprehensive framework for the recognition and regulation of distinctive signs of origin and quality applicable to agricultural and fishery products. This framework aims to protect local heritage by defining and safeguarding several key designations:

1. Agricultural or Fishery Label

It constitutes an official recognition that a product demonstrates specific qualities and characteristics that confer upon it a level of quality superior to comparable products. This distinction is particularly grounded in the product’s production or manufacturing conditions and, where applicable, its geographical origin.

2. Geographical Indication

It identifies a product as originating from a defined territory, region, or locality where the product’s quality, reputation, or specific characteristics are essentially attributable to its geographical origin. Crucially, the stages of production, processing, and/or preparation must take place within the designated geographical area.

3. Designation of Origin

It applies to the geographical name of a region, specific place, or in exceptional circumstances, a country, used to designate a product whose quality, reputation, or other defining characteristics are exclusively or essentially due to the geographical environment. This environment includes both natural factors (such as climate and soil) and human factors (such as traditional know-how and production methods). All stages of production, processing, and preparation must occur within the delineated geographical area.

Additional Considerations:

• Traditional names, whether geographical or not, that designate products from a specific region or locality may also be recognized as geographical indications or designations of origin, provided they satisfy the above definitions.
• Certain geographical designations may extend to products whose raw materials originate from a broader or different geographical area than where processing occurs. Such cases are subject to strict conditions: the raw material production area must be previously defined; specific production conditions must be officially recognized by the competent authority; and regular inspections must be conducted to ensure compliance with the law.

• Copyrights:

Moroccan law provides a comprehensive legal framework for the protection of intellectual creations through Law No. 2.00 on Copyright and Related Rights. This legislation safeguards any original work in the literary, artistic, or scientific fields, provided that such work is a product of the mind, exhibits originality, and is expressed in an identifiable form.

The scope of protection notably includes:

• Literary, artistic, and journalistic works, which are original intellectual creations in the literary and artistic fields, such as works expressed in writing, computer programs, lectures, speeches, sermons, and other works made of words or expressed orally; musical works, whether or not including accompanying texts; dramatic and dramatico-musical works; choreographic works and pantomimes; audiovisual works including cinematographic works and videograms; fine arts works, including drawings, paintings, and other graphic arts, engravings, lithographs, leather prints, and all other fine arts works; architectural works; photographic works; applied arts works; illustrations; maps, plans, sketches, and three-dimensional works relating to geography, topography, architecture, or science; folklore expressions and works inspired by folklore; and designs from the clothing industry.
• The title of the work.
• Derivative works, notably translations, adaptations, musical arrangements, and other transformations of works and folklore expressions.
• Collections, such as collections of works, folklore expressions, or mere data or traits, such as encyclopedias, anthologies, and databases, whether reproduced on machine-readable media or any other form.
• Ancient manuscripts.
• Folklore expressions when intended for commercial purposes or used outside traditional or customary contexts.

Intellectual property rights are protected for fixed durations and may, where applicable, be renewed under the following conditions:

• Patents (Inventions):

Under Moroccan law, a patent for an invention is granted for a maximum term of 20 years from the filing date of the application.

The patent term may be extended if the grant occurs more than 4 years after the filing date. In such cases, the extension corresponds to the period elapsed between the expiration of the 4-year timeframe and the actual grant date.

Moreover, for patents relating to pharmaceutical products, which require a marketing authorization under applicable laws and regulations, an additional extension may be requested by the patent holder or their representative. This extension covers the period between the expiry of the statutory deadline for granting the marketing authorization and its actual issuance date. The extension :

• Takes effect after the expiration of the original patent term;
• Cannot exceed two and a half years;
• Is subject to payment of the prescribed fees.

Annuity payments may be conveniently made through the official website below, ensuring timely maintenance of intellectual property rights: https://payment.cmi.co.ma/adapter/forms/ompic/index.php

• Plant varieties:

Under the Moroccan law related to Plant varieties cited above, the duration of protection for each plant species is determined by the competent authority. This protection period cannot be less than 20 years for field crops, and 25 years for tree species and vines. The term of protection commences from the date of issuance of the corresponding certificate.

• Integrated circuit layout-designs (Topographies):

The protection granted for the topographies of integrated circuits is limited to a term of 10 years starting from the filing date of the application.

• Industrial designs and models:

Protection for an industrial designs and models is granted for an initial term of 5 years from the filing date of the application. This protection may be renewed upon request by the right holder or their authorized representative, subject to the submission of proof of payment of the applicable renewal fees.

Renewals may be granted for up to 4 consecutive periods of 5 years each, allowing a maximum total protection term of 25 years.

Requests for renewal must be submitted within the 6 months preceding the expiration of the current protection period. A grace period of six months following the expiration date is also available, during which the applicant may complete the renewal formalities. The renewed protection period takes effect immediately after the expiry of the previous term.

It is important to note that renewal applies exclusively to the industrial design as registered in its most recent status in the national register of industrial designs.

This renewal procedure is carried out electronically via the website: Renouvelez un dessin /modèle industriel en ligne sur Directinfo.ma – OMPIC

• Trademarks, trade names or service marks:

Trademark registration takes effect from the filing date and is valid for a period of 10 years, with the possibility of indefinite renewal.

Renewal of the trademark registration in Morocco may be requested provided that it does not involve any modification to the trademark’s design or an extension to goods or services beyond those specified in the original registration application. In cases where renewal applies only to certain goods or services covered by the registration, the application for renewal must be limited accordingly.

Should the applicant wish to extend the scope of protection to include additional elements not covered in the initial filing, a new registration application is required.

Renewal requests must be submitted within the 6 months preceding the expiration of the current registration term. A grace period of 6 months following the expiration date is also granted to complete the renewal process. The renewed term is calculated from the expiration date of the previous registration and applies solely to the trademark as recorded in its most recent status in the national trademark register.

This renewal procedure is conducted electronically via the following official website: Renouvelez votre marque en ligne sur Directinfo.ma – OMPIC

The provisions outlined above concerning the registration and renewal of trademarks apply equally to collective marks and certification marks.

• Geographical indications and appellations of origin:

These intellectual property rights are not subject to any specific time limits.

• Copyright:

According to Law No. 2.00, the protection of copyrights is established as follows:

Economic rights over a work are protected for the lifetime of the author plus 70 years after their death, while moral rights are unlimited in duration; they are therefore imprescriptible, inalienable, and transmissible by inheritance to heirs.

Economic rights over a collaborative work are protected for the lifetime of the last surviving author plus 70 years after their death.

Economic rights over an anonymously or pseudonymously published work are protected until the expiration of 70 years from the end of the calendar year in which such work was lawfully published for the first time or, failing such publication within 50 years from the creation of the work, 70 years from the end of the calendar year in which the work was made accessible to the public or, if none of these events occurred within 50 years from the creation, 70 years from the end of the calendar year of its creation.

If, before the expiration of this period, the author’s identity is revealed without doubt, the previous provisions shall apply.

Economic rights over a collective work or an audiovisual work are protected for 70 years from the end of the calendar year in which such work was lawfully published for the first time or, failing such publication within 50 years from creation, 70 years from the end of the calendar year in which the work was made accessible to the public or, failing these events within 50 years from creation, 70 years from the end of the calendar year of creation.

The duration of protection for applied arts works is 70 years from the end of the calendar year of the first authorized publication or failing such authorized publication within 50 years from creation, 70 years from the end of the calendar year of creation.

All terms expire at the end of the calendar year in which they would normally expire.

The term of protection granted to performances, to phonograms and to broadcasts shall be seventy 70 years from the end of the calendar year in which the first authorized publication took place; failing such authorized publication, protection shall be granted for fifty 50 years from the date of creation, or seventy 70 years from the end of the calendar year of creation.

The initial holder of each of these intellectual property rights is as follows:

• For Patents (Inventions):

Under the Law, the right to a patent is initially vested in the inventor, whether acting individually or jointly with others. The inventor may be a natural person or, through legal succession or contractual assignment, the right may pass to a legal entity governed by public or private law. Only the person holding this right is entitled to file a patent application and to take legal action against any third party attempting to unlawfully appropriate the invention.

In Morocco, the term “beneficiary” refers to any individual or entity succeeding to the inventor’s rights, whether by inheritance, contractual transfer, or legal assignment. Beneficiaries enjoy the same rights as the original inventor, including the capacity to apply for patent protection and to enforce those rights in the event of infringement.

Patent rights may be held by:

• Moroccan nationals;
• Foreign residents in Morocco;
• Owners of industrial or commercial establishments located in Morocco; or
• Nationals of countries that offer Morocco reciprocal treatment.

In the case of submission to a hierarchical power, it is possible to distinguish between service invention, occasional invention and free invention.

Service Invention	The ownership of an invention that results from work on a research mission belongs to the employer. The invention here is considered as such when it is the result of studies and research ordered by the employer. They are then responsible for the resulting consequences and are thus entitled to benefit from the advantages of the invention developed through the research. The invention of a service results either from an employment contract containing an inventive mission that corresponds to the actual functions of the employee inventor, or from studies and research that are explicitly entrusted to the employee. In practice, this type of invention is found in companies carrying out R & D activity or in universities and research centres. The Law clearly specifies that the patent related to the service invention is the property of the employer, but the employee still benefits from consideration for his invention. In all cases, the inventor retains the right to be mentioned in the patent. A key issue arising in the context of service inventions concerns the employee’s entitlement to additional remuneration for inventions made in the course of their employment. While Moroccan law explicitly grants the competent courts jurisdiction to resolve disputes between the employer and the employee regarding such remuneration, it also indicates that the criteria and conditions governing this entitlement should be clearly defined within the framework of: Collective bargaining agreements, and The individual employment contract.   The law does not prescribe a fixed amount or method of calculation for this remuneration, leaving room for negotiation and contractual flexibility. In the event of a dispute, the court exercises sovereign discretion in adjudicating the matter. However, its decision must be duly reasoned, based on the factual and contractual context, and consistent with the principles of fairness and recognition of the employee’s inventive contribution. The relationship between the employee and the employer is based on a few principles, including the following: • If the employment contract contains contractual provisions that are more favourable to the employee, these apply as a priority. • The Law provides the legal framework governing the relationship between the company and the employee in the absence of contractual provisions more favourable to the employee. • The general duty to which both the company and the employee are subject is to communicate all useful information about the invention in question. • Each of them must refrain from any disclosure of the invention that could compromise in whole or in part the exercise of the rights conferred by the patent of invention. • Under penalty of nullity, the written document is a condition required to prove the agreement between the employee and his employer. • The employee inventor is mentioned as such in the patent. He may also object to this mention.
Occasional invention	Occasional inventions, while being made in the context of the company’s activity, are the responsibility of an employee bound by an employment contract that is neither an inventive mission nor a research or study mission. The view attached to this kind of invention has evolved for a long time. After considering that occasional invention was an employee’s right, difficulties in finding solutions arose with the appearance of delicate situations: for example, when an employee discloses the idea to his employer and the latter, by admitting it, provides him with the ability to continue the research; In this regard, case law has considered that this invention is a common property between the employee and his employer, since it is the result of a shared effort. Thus, for this occasional invention to be judged as such, it is necessary for the employee to be able to carry out the invention through one of the following situations: • in the performance of his duties; • in the field of the company’s activities; • by knowledge or use of techniques or means specific to the company; • by the use of data provided by the company.   With a view to regulating the relationship between the employee and the company, the Law provides for conditions to be respected by both parties in order to preserve their rights related to the invention made. Also: • The employee is required to inform the company immediately, by means of a written statement, which must be sent by registered letter with acknowledgement of receipt. • The company has the obligation to ensure that it attributes to itself the ownership or enjoyment of all or part of the rights attached to the invention. This claim must be made within 6 months of the date of receipt of the declaration, otherwise the deadline will lapse; In other words, the company that allows this period to pass without filing a patent application loses its right for any subsequent application, and the invention automatically reverts to the employee who owns it. • The filing of the patent application relating to the claimed rights must be made by the company to OMPIC. If the company chooses to file the patent application after receiving the declaration of the employee inventor, expressing to this effect its desire to appropriate the invention, the Law expressly requires that it remunerate the inventor – unless he withdraws – by granting consideration for the invention he has made and from which it has benefited. It should be noted that the option between the operating license and the purchase of the patent is a prerogative of the company. It is worth mentioning the criteria that characterize the employee’s right: • The remuneration obtained by the employee as a result of his or her invention must be based on a fair price, and in the case of several inventors, the division is made between them.   • The calculation of the fair price is the responsibility of: – in principle to the parties; – in the event of a dispute, in court.   • The court considers the following elements in determining the fair price: – in particular, the elements that could be presented by both the employee and the company depending on: o   the initial contributions offered by the parties; o   the industrial and commercial utility of the invention; – in general, all the elements that may arise from the case, for example the experts’ reports and the comparison of similar situations.
Free Invention	Free invention is one that is completely foreign to the company and the employment contract. Thus, the nature of this invention corresponds to its title. It is, for example, a free invention when an engineer linked to a company specializing in the motorcycle industry achieves, outside his working hours, a new technique in the field of aviation. In this case, the invention and the patent attached to it are the inventor’s own property, without any rights for the employer.

In circumstances where multiple individuals independently develop the same invention in Morocco, the Moroccan legislation provides a clear mechanism for determining which party is entitled to claim the corresponding industrial property rights.

The governing principle is based on the first-to-file system. Accordingly, the right to a patent is granted to the inventor who can demonstrate the earliest valid filing date for the invention. The law does not consider who first conceived the invention, but rather prioritizes the applicant who first completes the formal filing process.

In practical terms, this means that even if an inventor was the first to develop the invention, failure to file in a timely manner may result in the loss of entitlement to the patent.

• For distinctive signs of handicraft products, as well as distinctive signs of origin and quality for foodstuffs, agricultural, and fishery products:

Under Moroccan law, the application may be submitted by a variety of eligible stakeholders.

Primarily, the application may be filed by:

• Artisans and Producers and/or processors organized as associations, cooperatives, or other professional groupings duly established under applicable legislation; or
• Local authorities or other competent public institutions.

In addition, the legal framework allows for flexibility and inclusivity in the application process:

• Any other interested natural or legal person may either join an existing application, or
• Submit an individual application independently, provided they demonstrate a legitimate interest in the recognition of the product.

• For integrated circuit layouts (topographies):

The right belongs to the creator(s) or their successors in title, subject to the aforementioned provisions regarding employees.

• For industrial designs and models:

In Morocco, the ownership of an industrial design or model initially vests in its creator(s) or their successors in title, subject to the aforementioned provisions concerning employee-created works.

In practice, the first applicant for registration is presumed to be the rightful creator, unless evidence to the contrary is presented.

Where a design or model is the result of a joint creative effort by two or more individuals, the right to legal protection belongs to them jointly, or to their respective successors. However, only those who have made an original creative contribution are considered co-creators. Individuals who have merely provided technical assistance or support, without contributing creatively to the final design, do not acquire any ownership rights.

• For trademarks, trade names and service marks:

Ownership of a trademark, including individual, collective, and certification marks, vests in the holder(s) recorded in the national trademark register. These may be natural or legal persons, and ownership arises from the act of registration with the OMPIC.

• For plant varieties:

The applicant for the protection of a plant variety shall be the breeder, who may be:

• The person who has created, discovered, and developed the variety;
• The person who employs or has commissioned the work of the aforementioned individual, except where otherwise agreed by contract;
• Or the successor in title or assignee of either of the above.

The right of acquisition may be claimed by:

• Moroccan natural or legal persons;
• Foreign natural or legal persons domiciled or having their registered office in Morocco;
• Nationals of states, as well as natural or legal persons domiciled or having their registered office in those states, provided that the legislation of those states grants Moroccans protection at least equivalent to that afforded under the applicable Moroccan law.

• For copyrights:

The author of a work is the initial holder of the related moral and economic rights. In the case of a joint work, the co-authors are the initial co-owners of these rights. However, when the joint work can be divided into independent parts that can be reproduced, performed, or exploited separately, the co-authors may hold independent rights over these parts while remaining co-owners of the rights related to the work as a whole.

Regarding collective works, the initial holder of the moral and economic rights is the natural or legal person who initiated the work and under whose responsibility the work was created, in their name. For composite works, ownership belongs to the author who created them, subject to the rights of the authors of pre-existing works incorporated therein.

When a work is created by an author within the scope of an employment contract for the benefit of a natural or legal person (the employer), the author initially holds the moral and economic rights unless otherwise stipulated in the contract. However, the economic rights are considered transferred to the employer to the extent justified by the employer’s usual activities at the time of creation.

For audiovisual works, the initial holders of moral and economic rights are the co-authors, such as the director, screenwriter, and composer. The authors of pre-existing works adapted or used in these audiovisual works are assimilated to these co-authors.

Moroccan intellectual property law draws a clear distinction between registered rights, whose recognition and enforceability are contingent upon completion of administrative formalities, and unregistered rights, which benefit from legal protection by virtue of their mere creation, without requiring formal registration.

1. Registered Rights:

Under Moroccan law, the following are considered registered rights:

• Patents
• Layout-designs (topographies) of integrated circuits
• Industrial designs and models
• Trademarks
• Geographical Indications and Appellations of Origin
• New plant variety rights
• Distinctive signs of handicraft products
• Distinctive signs of origin and quality of foodstuffs and agricultural and fishery products

2. Unregistered Right:

By contrast, copyright under Moroccan law constitutes an unregistered right, arising automatically upon the creation of an original work in the literary, artistic, or scientific domain. While registration is not a prerequisite for protection, rights holders may file a voluntary declaration with the Moroccan Copyright and Related Rights Office (BMDAV).

This optional formality serves practical purposes, notably to facilitate proof of authorship and to enable the collective management of economic rights, including royalty collection and licensing.

Note : Legal Deposit: Mandatory Submission of Published Works

Moroccan law provides for a legal deposit obligation with the National Library of the Kingdom of Morocco (BNRM) for any natural or legal person (public or private) that produces documents intended for public distribution.

Materials subject to legal deposit include:

• Printed documents (books, newspapers, brochures),
• Graphic and photographic works,
• Audio, audiovisual, and multimedia content,
• Software, databases, and computer applications.

Legal deposit aims to:

• build the national documentary heritage,
• preserve the country’s cultural memory,
• and facilitate access to knowledge and information.

The Moroccan legal framework provides for tailored filing procedures depending on the nature of the intellectual property right concerned, with administration entrusted to specialized institutions governed by dedicated legislation.

1. Filing with OMPIC:

The OMPIC serves as the national authority responsible for the receipt, examination, and granting of industrial property rights, including:

• Patents;
• Trademarks (for goods, services, or trade);
• Industrial designs and models;
• Geographical Indications and Appellations of Origin
• Layout-designs (topographies) of integrated circuits;
• Distinctive signs for handicraft products;
• Designations of origin and quality signs for agricultural, fishery, and agri-food products.

Applications may be filed by any natural or legal person, whether Moroccan or foreign, either directly or through a duly authorized representative.

Applicants may choose among several filing channels:

• In person:
• At OMPIC’s headquarters in Casablanca;
• At one of the 28 regional centers across the country;
• At partner service counters (e.g., the Casablanca Chamber of Commerce and the French Chamber of Commerce and Industry in Morocco);
• Online, via the electronic portal DirectInfo (www.directinfo.ma), which allows users to submit applications, track progress, and pay official fees.

Each application must include:

• The duly completed form;
• Supporting documents (depending on the type of right);
• Proof of payment of the required fees.

2. Filing with the ONSSA:

New plant varieties benefit from a specific protection regime under Law No. 9-94 on the Protection of Plant Varieties, administered by the National Office for Food Safety (ONSSA). Rights are conferred in the form of a Plant Variety Certificate.

Regarding the procedure, applications must be submitted using the official “Form A”, which is:

• Available from ONSSA’s competent departments; or
• Downloadable from ONSSA’s official website.

The completed form must be physically filed with ONSSA and accompanied, by:

• The required technical documentation;
• A description of the variety;
• And proof of payment of the applicable fees.

The duration of the registration process for intellectual property rights in Morocco varies depending on the type of right and the procedural requirements applicable in each case. The following timeframes are indicative and may be influenced by factors such as the complexity of the application, the administrative workload of the relevant authority, and potential third-party interventions (e.g., oppositions).

For trademarks, and other rights subject to analogous registration procedures, the registration process generally spans between 6 to 12 months from the date of filing.

The key procedural stages include:

• Formal examination (to verify compliance with administrative requirements),
• Publication in the Official Bulletin,
• A statutory opposition period of 2 months, during which third parties may contest the application,
• Possible exchange of arguments between the applicant and the opponent,
• A decision on the opposition (if any),
• Issuance of the registration certificate, subject to the absence or resolution of objections.

In the case of patents, the registration process generally does not exceed 18 months from the filing date, provided the application meets all formal and substantive examination criteria.

Pursuant to Moroccan law, third parties may submit written observations to the OMPIC within 2 months of the publication of an industrial property title application. These observations may address substantive or formal grounds affecting the validity of the application.

OMPIC is required to promptly notify the applicant or their authorized representative of any such observations. The applicant then has a two-month period to file a response, where applicable.

In the context of plant variety protection, Moroccan law allows any interested party to submit written and substantiated observations to the competent authority within 3 months of the publication of the application for a plant variety certificate.

Such observations are strictly limited in scope and may only address the claim that the variety does not meet the eligibility criteria for protection.

In the event that the OMPIC refuses a registration application, the applicant or their authorized representative is entitled to submit written observations within 2 months from the date of notification of the refusal. Should these observations contest the grounds for rejection, OMPIC may undertake a re-evaluation of the application and subsequently issue a new decision based on the additional information provided.

Similarly, artisans whose products are denied certification or whose certification has been withdrawn by a designated certification and control body may seek a review of their case before the competent authority. A decision on such claims is rendered within 2 months from receipt of the request, following the advisory opinion of the National Commission. The ruling on the review is final and binding on all parties.

With regard to distinctive signs of origin and quality, any producer or processor whose certification request is refused, or whose product certification is withdrawn by a certification and control body, may also request a review within a 2-month period from the date of refusal or withdrawal. The competent governmental authority will issue its decision within 2 months of receiving the claim, after considering the National Commission’s opinion.

The fees applicable to the applications and renewals for each of these intellectual property rights vary depending on the category of the applicant, whether they are a microenterprise/SME, an individual, a self-employed person, an artisan, a university, or an educational institution, whether national or foreign (Category 1), or another category (Category 2).

For Category 1 (including all taxes): http://www.ompic.ma/sites/default/files/visuel%20tarif%202025%20VF%201.pdf

 

Patents (Inventions)
	Online Fee	Standard Fee
Filing fee	300.00	600.00
Fee for search report and patentability opinion	2,400.00	4,800.00
Fee for publication of the patent application or patent	300.00	600.00
Additional fee for publishing claims exceeding 10 claims	192.00 per claim
Annual Fees
From 2nd to 5th year / year	300.00
6th year	480.00
7th year	600.00
8th year	720.00
9th year	840.00
10th year	1,200.00
From 11th to 15th year / year	1,800.00
From 16th to 20th year / year	3,000.00
Granting fee for patent certificate with content of the patent under electronic format	1,200.00	2,400.00
Additional fee per page of patent certificate title	12 dirhams per page
Restoration request fee for protection duration	600.00
Fee for extension of protection duration / per year	12,000.00

 

Trademarks, trade names and service marks
	Online Fee	Standard Fee
Filing fee (1 class)	1,200.00	1,800.00
Additional class	240.00	360.00
Renewal fee (1 class)	1,200.00	1,800.00
Additional class	240.00	360.00

 

Geographical Indications and Designations of Origin
	Fee
Protection request	600.00

 

Industrial Designs and Models
	Online Fee	Standard Fee
Filing fee (5 designs)	480.00	720.00
For more than 5 designs, per group of 5 designs started	480.00	720.00
Renewal fee (5 designs)	480.00	720.00
For more than 5 designs, per group of 5 designs started (renewal)	480.00	720.00

For Category 2 (including all taxes): http://www.ompic.ma/sites/default/files/visuel%20tarif%202025%20VF%202.pdf

Patents (Inventions)
	Online Fee	Standard Fee
Filing fee	900.00	1,200.00
Fee for search report and patentability opinion	7,200.00	9,600.00
Fee for publication of the patent application or patent	900.00	1,200.00
Additional fee for publishing claims exceeding 10 claims	480.00 per claim
Annual Fees
From 2nd to 5th year / year	1,200.00
6th year	1,920.00
7th year	2,400.00
8th year	2,880.00
9th year	3,360.00
10th year	4,800.00
From 11th to 15th year / year	7,200.00
From 16th to 20th year / year	12,000.00
Granting fee for patent certificate with content of the patent under electronic format	3,600.00	4,800.00
Additional fee per page of patent certificate title	12 dirhams per page
Restoration request fee for protection duration	2,400.00
Fee for extension of protection duration / per year	48,000.00

 

Trademarks, trade names and service marks
	Online Fee	Standard Fee
Filing fee (1 class)	1,800.00	2,400.00
Additional class	360.00	480.00
Renewal fee (1 class)	1,800.00	2,400.00
Additional class	360.00	480.00

 

Geographical Indications and Designations of Origin
	Fee
Protection request	1,200.00

 

Industrial Designs and Models
	Online Fee	Standard Fee
Filing fee (5 designs)	720.00	960.00
For more than 5 designs, per group of 5 designs started	720.00	960.00
Renewal fee (5 designs)	720.00	960.00
For more than 5 designs, per group of 5 designs started (renewal)	720.00	960.00

Failure to pay any prescribed renewal fees within the stipulated deadlines results in the lapse of the rights in question, with the rights ceasing to have legal effect.

The holder of an industrial property title who has failed to comply with a deadline before OMPIC may submit a request for reinstatement of rights if they provide a legitimate excuse, or if the failure to meet the deadline directly results in the rejection of the application, forfeiture, or loss of any other right.

However, a request for reinstatement of rights may not be submitted in the event of failure to comply with a deadline for the payment of fees required for the renewal of the registration of an industrial design or a trademark.

Although the Law does not provide for the renewal of a patent, whose protection is limited to a maximum duration of 20 years, it does establish consequences in the event of non-payment of the fees required to maintain its validity. To this end, the fees required to maintain the validity of a patent are paid to OMPIC for the years following the year in which the patent was granted. The patent holder who fails to pay these fees within the prescribed deadlines risks forfeiture of these rights. However, payment may be validly made within an additional grace period of 6 months from the due date.

When the payment of the required fees has not been made by the due date, OMPIC sends a warning by registered letter with acknowledgment of receipt to the patent holder or their representative, informing them that they risk forfeiture of their rights if payment is not made before the expiration of the 6-month grace period mentioned above. The absence of such a warning does not constitute grounds for reinstating the patent holder’s rights.

Forfeiture, after the expiry of the 6-month period, is recorded by a written and reasoned decision from OMPIC notified to the patent holder or their representative. However, the latter may, within 3 months from the date of notification of the decision, file an appeal with OMPIC to be reinstated in their rights if they justify a legitimate excuse for non-payment of the required fees.

In this case, the reinstatement of rights may be granted by a written decision notified to the patent holder or their representative.

• Patents (Inventions), Integrated circuit layout-designs (Topographies), Industrial designs and models and Trademarks:

In accordance with the Decree, when an act results in the transfer, modification, or assignment of the rights attached to a patent application, a certificate of layout-design (topography) of integrated circuits, industrial designs or models, a trademark application, or to the rights related to an already granted patent, certificate, or registered trademark, an application for the registration of said act must be filed with OMPIC.

This application, which may concern only one single act, can be submitted by one of the parties to the act concerned or by their legally appointed representative.

The registration application must include the following mandatory information:

• The identity of the applicant;
• The nature of the registration requested (assignment, license, seizure, etc.);
• The references of the title concerned (patent or certificate number);
• The relevant supporting documents for the act.

Once the application is filed, a receipt indicating the filing date is issued to the applicant or their representative.

A certificate of registration is then issued or notified to the applicant once the entry has been made in the National Register of Patents, the Register of Layout-Design Certificates (Topographies), the Register of Industrial Designs and Models and the Register of Trademarks.

The registration application must be accompanied, at the time of filing, by all supporting documents related to the act to be registered, including, as applicable:

• One of the originals of the legalized private agreement evidencing the change in ownership or enjoyment of rights, or to the corresponding application, or an official copy of the act if it is notarized;
• A copy of the above-mentioned act if the applicant wishes the original or official copy to be returned to them, or an extract if they wish to limit the registration to that portion only;

In specific cases of transfer:

• A document evidencing transfer by inheritance: in the event of the holder’s death.
• A certified true copy of the document justifying the operation: in cases of merger, demerger, or acquisition.

Also required:

• The power of attorney, if a representative is appointed;
• Proof of payment of the applicable fees.

• Copyright:

Under Moroccan intellectual property law, economic (or patrimonial) rights may be transferred in two ways:

• Inter vivos, i.e., through a contract between living persons,
• By operation of law, particularly in the event of the author’s death.

However, moral rights are personal and inalienable. They cannot be transferred inter vivos but may be transmitted by law after the author’s death.

Moreover, with regard to works inspired by Moroccan folklore, any total or partial assignment of copyright, or any grant of an exclusive license over such works, is valid only with the prior approval of the Moroccan Copyright Office (BMDA).

Finally, it is important to note that any contract for the assignment of economic rights, or any license agreement concerning acts falling under these rights, must be made in writing in order to be legally valid.

• Patents (Inventions):

Under Moroccan Law, any act transferring, modifying, or otherwise affecting the rights attached to a patent application or a granted patent must be recorded in the National Patent Register, maintained by the OMPIC, to be enforceable against third parties. Notwithstanding this requirement, prior to registration, such acts remain enforceable against third parties who acquire rights after the date of the act, provided they had actual knowledge of the act at the time of acquisition.

Acts that affect ownership or the enjoyment of rights attached to a patent, including assignments, licenses, pledges or their release, seizures, and the validation or lifting of seizures, must be registered upon request by either party to the act.

In cases of co-ownership, any co-owner may assign their share at any time. The remaining co-owners benefit from a right of first refusal, exercisable within 3 months from the notification of the proposed assignment. Should the parties fail to agree on the sale price, it will be determined by the competent court. Following the court’s decision, the parties have 30 days to either withdraw from or proceed with the sale or purchase of the co-owned share, without prejudice to any damages payable. Legal costs incurred shall be borne by the withdrawing party.

• Integrated circuit layout-designs (Topographies)

Just like invention patents, acts resulting in the transfer, modification, or assignment of rights attached to a layout-design (topography) certificate for integrated circuits must be registered in the National Register of Layout-Designs (Topographies), maintained by OMPIC.

• Industrial designs and models:

Any act transferring, modifying, or otherwise affecting the rights attached to an application for registration or a registered industrial design or model must be entered into the National Register of Industrial Designs and Models to be enforceable against third parties.

Notwithstanding this requirement, prior to such registration, the act remains enforceable against third parties who acquire rights after the date of the act, provided they had actual knowledge of the act at the time of acquisition.

Acts affecting ownership or the enjoyment of rights relating to an industrial design or model, such as assignments, licenses, creation or transfer of security interests, renunciations, seizures, validations, or lifting of seizures, must be recorded by the competent authority upon the request of either party.

• Trademarks, trade names and service marks:

According to the Law, any act involving the transfer or licensing of intellectual property rights must be documented in writing, under penalty of nullity.

With the exception of licensing agreements relating solely to trademark applications or registered trademarks, all acts that transfer, modify, or otherwise affect the rights attached to a trademark application or a registered trademark must be registered in the National Trademark Register, maintained by the OMPIC, to be enforceable against third parties.

Prior to such registration, these acts are nonetheless enforceable against third parties who acquire rights after the date of the act, provided they had actual knowledge of the act at the time of their acquisition.

Acts impacting ownership or rights related to a trademark application or registered trademark, including assignments, creation or transfer of security interests, renunciations, seizures, validations, or lifting of seizures, must be recorded by OMPIC upon request by either party to the act.

Notably, collective certification marks cannot be assigned, pledged, or subjected to enforcement measures. However, the competent authority may authorize the transfer of the registration of a collective certification mark, contingent on the transferee’s commitment to comply with the mark’s regulations on effective use. Such transfers must also be recorded in the National Trademark Register.

Accordingly, any unregistered act, particularly a transfer of rights, is not enforceable against third parties unless those third parties acquired their rights after the date of the act and had knowledge of it at that time.

• For Patents (Inventions), Integrated circuit layout-designs (Topographies), Industrial designs and models and Trademarks:

The conditions required to grant a license to a third party are those described in the answer to question 11 above, which outlines the legal procedures and requirements applicable to the granting of a license.

• For copyright:

The author of a work may grant licenses to other persons to perform acts covered by their economic rights. These licenses may be exclusive or non-exclusive. Contracts for the assignment of economic rights or for licenses to perform acts covered by economic rights must be made in writing.

Assignments of economic rights and licenses to perform acts covered by economic rights may be limited to certain specific rights as well as in terms of purpose, duration, territorial scope, and extent or means of exploitation.

The absence of mention of the territorial scope for which the economic rights are assigned or the license granted to perform acts covered by economic rights shall be considered as limiting the assignment or license to the country in which the assignment or license is granted.

The absence of mention of the extent or means of exploitation for which the economic rights are assigned or the license granted to perform acts covered by economic rights shall be considered as limiting the assignment or license to the extent and means of exploitation necessary for the purposes envisaged at the time of granting the assignment or license.

In accordance with the previous answer to the question 12, registration of a license in the national registry is mandatory for it to be enforceable against third parties, except for licensing agreements relating to applications for trademark registration or registered trademarks.

An exclusive license is one in which the licensor agrees not to grant licenses to any third party for the exploitation of the same right during the entire term of the license and within the territorial scope or for the products/services defined in the agreement.

In this case, the licensee benefits from an exclusive right of exploitation, meaning they are the only party authorized to use the right under the agreed terms. Unless otherwise stated in the contract, the licensor is also required to refrain from exploiting the right within the territory or for the products covered by the license.

Thus, in the absence of a contrary clause in the agreement:

• The exclusive licensee acts as if they were the sole holder of the usage right.
• The licensor temporarily loses the ability to exploit the right directly or indirectly within the scope defined by the license.

On the other hand, a license is considered non-exclusive when the licensor retains the right:

• to exploit the right themselves,
• and to grant additional licenses to third parties for the same right or territories.

In this case, the licensee does not benefit from any exploitation monopoly, they share the right of use with other potential users, including the right holder themselves.

This means that:

• The licensor may grant multiple licenses.
• The licensee cannot prevent the licensor or other licensees from using the right under the agreed contractual terms.

• For Patents (Inventions):

Any intentional infringement of the rights of a patent holder constitutes an act of counterfeiting and is punishable by imprisonment from two to six months and a fine ranging from 50,000 to 500,000 dirhams, or by only one of these two penalties. In the case of repeat offenses, the penalties may be doubled. A repeat offense is established when a final conviction for identical acts has been rendered against the defendant within the previous five years.

The court may also order the destruction of the counterfeit goods belonging to the infringer, as well as of the devices or means specifically intended for the commission of the infringement.

Anyone who has knowingly concealed, displayed, offered for sale or sold, imported, or exported products considered counterfeit will be subject to the same penalties as the infringers. The same applies to anyone who has knowingly assisted the perpetrator of the above-mentioned offenses.

If the infringer is an employee who worked in the patent holder’s workshops or establishment, the penalties are increased to imprisonment from six months to two years and a fine ranging from 100,000 to 500,000 dirhams, or only one of these penalties. These same penalties apply to any employee who collaborated with the infringer after having disclosed the patented processes. The employee may also be prosecuted under Article 447 of the Penal Code.

Without prejudice to the penalties provided by specific laws, anyone who, through public speeches or lectures, writings, printed materials sold or distributed, or through posters or public displays, provides information, indications, or descriptions concerning inventions or layout designs (topographies) of integrated circuits for which a patent or registration application has been filed (by themselves or others), but which has not yet been granted, shall be subject to a fine of 50,000 to 500,000 dirhams. In the event of a repeat offense, the punishment includes, in addition to the fine, imprisonment of three months to two years.

Anyone who knowingly violates any of the prohibitions provided by law is subject to a fine ranging from 100,000 to 500,000 dirhams. In accordance with Article 192 of the Penal Code, if such a violation harms national defense during wartime, the penalty is imprisonment from five to thirty years. If committed during peacetime, the penalty is imprisonment from one to five years.

The same provisions apply to the layout designs (topographies) of integrated circuits.

• For industrial designs and models:

Any intentional infringement of the rights of the owner of a registered industrial design or model is punishable by imprisonment for a term of two to six months and a fine ranging from 50,000 to 500,000 dirhams, or by one of these two penalties only.

In the case of repeat offenses, the penalties may be doubled. A repeat offense is established when the offender has, within the previous five years, been convicted by a final judgment for identical acts.

The court may also order the destruction of counterfeit goods owned by the infringer, as well as the tools, devices, or means specifically intended for the production of such counterfeits.

• For trademarks, trade names and service marks:

The following are considered counterfeiters and are punishable by imprisonment from three months to one year and a fine ranging from 100,000 to 1,000,000 dirhams, or by one of these two penalties only:

1. Those who have counterfeited a registered trademark or fraudulently affixed a mark belonging to another party;
2. Those who have used a trademark without the owner’s authorization, even with the addition of terms such as “formula,” “style,” “system,” “recipe,” “imitation,” “type,” or any other similar indication likely to mislead the buyer;
3. Those who, without legitimate reason, held products they knew to bear a counterfeited or fraudulently affixed trademark and who knowingly sold, offered for sale, supplied, or offered to supply goods or services under such a mark;
4. Those who knowingly delivered a product or provided a service different from what was requested, under a registered trademark;
5. Those who imported or exported products bearing a counterfeited or fraudulently affixed trademark;
6. Anyone who knowingly imported or commercially used labels, packaging, or containers bearing a mark identical or indistinguishable from a registered trademark, intended for commercial use on goods or in relation to services identical to those for which the mark is registered.

The following acts are punishable by imprisonment from two to six months and a fine ranging from 50,000 to 500,000 dirhams, or by one of these two penalties only:

1. Those who, without counterfeiting, fraudulently imitated a registered trademark in a way that could mislead the buyer, or who used a fraudulently imitated trademark;
2. Those who used a registered trademark containing misleading indications regarding the nature, essential qualities, composition, or useful content, species, or origin of the goods or products;
3. Those who, without legitimate reason, held products known to bear a fraudulently imitated mark, or knowingly sold, offered, or supplied goods or services under such a mark.

The following are punishable by imprisonment from one to three months and a fine ranging from 50,000 to 500,000 dirhams, or by one of these two penalties only:

• Those who included prohibited signs in their industrial, commercial, or service marks without the required authorization from competent authorities;
• Those who imported into Morocco, held, offered for sale, or sold natural or manufactured products bearing such marks.

Any infringement of the rights of the owner of a registered trademark may be prosecuted ex officio by the Public Prosecutor, even without a complaint from a private party or rights holder.

The court may also order the destruction of counterfeit goods that belong to the infringer, as well as any devices or tools specifically used to commit the counterfeiting.

These penalties apply equally to collective marks and certification marks.

• For geographical indications and designations of origin:

Anyone who commits the following acts is liable to imprisonment from two to six months and a fine ranging from 50,000 to 500,000 dirhams, or to one of these two penalties only:

1. The direct or indirect use of a false or misleading indication concerning the origin of a product or service, or the identity of the producer, manufacturer, or trader;
2. The direct or indirect use of a false or misleading geographical indication or designation of origin, or the imitation of such indications, even when the true origin of the product is stated, or when the designation is used in translation or accompanied by expressions such as “style,” “method,” “imitation,” or similar terms.

• For copyright:

Any person who, for commercial exploitation purposes, knowingly and unlawfully violates, by any means whatsoever, the following rights shall be punished by imprisonment from two to six months and a fine of 10,000 to 100,000 dirhams, or by only one of these penalties:

• Copyright rights;
• Rights of performers;
• Rights of phonogram producers;
• Rights of broadcasting organizations.

Commercial exploitation violations include:

• Any intentional infringement of copyright or related rights not motivated, directly or indirectly, by financial gain;
• Any intentional infringement committed for the purpose of obtaining a commercial advantage or private financial gain.

The same penalties, along with additional measures and sanctions, shall apply to:

• Any person who imports or exports copies made in violation of the provisions of this law;
• Any person who illegally performs one of the acts listed in Article 7 of Law 2-00;
• Any person who commits acts listed in Article 65 of Law 2-00;
• Any person found criminally liable under Article 65.4 of Law 2-00.

In cases of habitual infringement, the penalties provided under Article 64 are doubled.

If a person commits another act of copyright or related rights infringement within five years after a final judgment, they shall be punished by imprisonment from one to four years and a fine of 60,000 to 600,000 dirhams, or by only one of these penalties.

In case of a violation of this law, the competent court may order the following security measures and additional penalties, provided no prior ruling on the same matter has been issued against the same parties:

1. Seizure of all infringing copies, their packaging, materials and equipment used in the offense, related assets, documents, accounts, and business papers;
2. Confiscation of assets proven linked to the illegal activity and, except in exceptional cases, of all infringing copies, their packaging, and production materials, without compensation of any kind to the defendant;
3. Destruction (except in exceptional cases) of the infringing copies, packaging, and production materials, or alternatively, reasonable disposal outside commercial channels to minimize the risk of further infringement, again without compensation to the defendant;
4. Temporary or permanent closure of the business operated by the offender or their accomplices;
5. Publication of the conviction judgment in one or more newspapers designated by the court, at the offender’s expense, without exceeding the maximum fine amount.

Intellectual property rights in Morocco may be enforced through multiple avenues, including civil court proceedings, which encompass infringement actions and claims for damages, as well as administrative mechanisms such as customs enforcement measures and opposition proceedings before the OMPIC.

The duration and cost associated with intellectual property procedures in Morocco vary considerably based on the type of right involved, the complexity of the matter, and whether administrative or judicial processes are engaged.

In Morocco, intellectual property disputes are generally adjudicated by the competent courts of first instance located in the jurisdiction where the defendant is domiciled or maintains their registered office. Proceedings are initiated by filing a written complaint with the relevant court, following the procedural requirements set forth in the Moroccan Code of Civil Procedure.

The timeframe for obtaining a judgment varies according to the court’s calendar and caseload. Judgments may include various remedial measures such as awarding damages, issuing injunctions to prohibit further infringement, or ordering the seizure and destruction of infringing goods. Parties dissatisfied with the decision may file an appeal before the Court of Appeal.

The Customs and Indirect Tax Administration in Morocco plays a critical role in the enforcement of intellectual property rights at the borders. At the request of a registered trademark owner or the beneficiary of an exclusive right of use, Customs may suspend the release for free circulation of imported, exported, or in-transit goods suspected of being counterfeit, bearing identical or confusingly similar trademarks.

Such a suspension request must be substantiated with adequate evidence indicating an infringement of protected rights and must provide sufficient details, reasonably expected to be known by the rights holder, to enable Customs to identify the suspected counterfeit goods. Customs may further require additional documentation or information, as well as payment of applicable fees. Both the applicant and the declarant or holder of the goods must be notified promptly of any suspension measures taken.

The suspension is valid for one year, or for the remaining protection period of the trademark if shorter. These protective measures similarly extend to holders of protected geographical indications or designations of origin.

Suspension is automatically lifted, subject to the provisions of Article 206, if the applicant fails within ten working days of notification to provide Customs with either:

• Provisional judicial measures ordered by the president of the competent court; or
• Proof of having initiated legal proceedings accompanied by guarantees required by the court to cover any potential liability should the goods ultimately not be counterfeit.

To initiate legal proceedings, the applicant may request from Customs the names and addresses of the sender, importer, recipient, or holder of the goods, along with the quantity concerned, regardless of any conflicting confidentiality provisions.

Customs may also act ex officio if it determines or suspects that goods are counterfeit, immediately suspending their release and notifying the rights holder. Upon request, relevant information must be provided to the rights holder, and the declarant or holder of the goods is also notified without delay.

If, following final judicial determination, the goods are confirmed counterfeit, they must be destroyed, except in exceptional circumstances. The costs of storage, destruction, and related procedures are borne by the infringer. Such goods may not be exported or placed under any other customs regime except under exceptional conditions.

In cases where the suspension is lifted due to an amicable settlement, the agreement must include a clause mandating destruction of the goods. Additionally, Customs may destroy goods abandoned to customs upon order of the summary judge and at the request of the entitled party, who will bear the associated costs.

Importantly, Customs is not liable for the suspension measures. If the goods are ultimately found not to be counterfeit, the importer may seek compensation through the courts from the applicant for any damages incurred as a result of the suspension.

In matters of intellectual property in Morocco, the law does not require the use of alternative dispute resolution mechanisms before initiating judicial proceedings.

In Morocco, various avenues exist for resolving intellectual property disputes. Parties may initiate judicial proceedings before the competent courts of first instance to pursue claims including infringement, invalidity, and ownership disputes.

Concurrently, administrative remedies are available before the OMPIC, such as filing oppositions against trademark registrations and other administrative challenges.

To initiate a successful infringement action under Moroccan law, the intellectual property right holder must establish the essential elements constituting the infringement.

Primarily, the claimant must prove the existence of a valid and enforceable intellectual property right, such as a registered trademark, granted patent, or published design. It must be demonstrated that the defendant engaged in an unauthorized exploitation of that right by performing acts reserved exclusively for the right holder (including reproduction, use, commercialization, importation, etc.) without express authorization, thereby violating the rights conferred by the protected intellectual property.

The burden of proof rests entirely on the right holder, who must present relevant and admissible evidence substantiating the infringement.

Key evidentiary tools include:

• Infringement seizures: Authorized by an order from the president of the Commercial Court, these seizures permit a bailiff, often accompanied by an expert, to document the presence of infringing goods and to collect pertinent documents or samples as evidence.
• Technical expert reports, commercial documentation (such as invoices, catalogs, advertisements, and correspondence), and witness statements further strengthen the evidentiary record supporting the claimant’s case.

a) Is there a technical judge, a judge with technical experience, a court appointed expert, an expert agreed by the parties, and/or parties’ expert witness evidence?

Moroccan law does not impose specific qualifications or specialization requirements on judges hearing intellectual property disputes. However, recognizing the technical complexity often inherent in such cases, judges may order the appointment of an independent expert to assist the court by providing an informed opinion on specialized matters.

Typical areas for expert input include:

• The existence of the alleged infringement;
• The similarity between products or signs;
• The scope and validity of the intellectual property right asserted by the claimant;
• The quantification and assessment of damages.

b) What mechanisms are available for compelling the obtaining and protecting of evidence? Is disclosure or discovery available?

In intellectual property infringement matters, the president of the Commercial Court may, by reasoned order, authorize a judicial officer (typically a bailiff, often accompanied by an expert) to undertake precautionary measures, which may include:

• Conducting a detailed description of the suspected infringing goods, with or without the collection of samples;
• Executing the seizure of counterfeit products, documents, or any instruments related to the alleged infringement.

These measures generate a comprehensive evidentiary report aimed at securing critical evidence before it can be altered or destroyed.

It is important to note that the seizure must be followed by the initiation of substantive legal proceedings within 30 days; otherwise, the seizure order is automatically rendered void. Should the claimant’s action subsequently fail, the defendant may seek damages arising from the wrongful seizure.

The Moroccan judicial system operates under an inquisitorial model, whereby judges actively manage the investigation and evaluation of evidence. While parties are responsible for submitting evidence, including documents, expert reports, witness testimonies, and results of counterfeit seizures, it is ultimately the judge who exercises full discretion in assessing the admissibility and probative value of such evidence, relying on personal conviction.

In intellectual property litigation, alleged infringers may invoke several defenses, including but not limited to:

• Lack of a valid right: Contesting the validity of the asserted intellectual property right, such as an unregistered trademark, a revoked patent, or lack of originality in a design.
• Authorization by the rights holder: Establishing that the defendant’s actions were permitted under a valid license or exploitation agreement.
• Absence of an unlawful act: Demonstrating that the contested use or reproduction falls within legally recognized exceptions, such as fair use, private use, or personal copying.
• Substantial difference: Arguing that the allegedly infringing product or sign does not sufficiently resemble the protected right, thereby negating infringement.
• Statute of limitations: Asserting that the claim is time-barred due to the expiration of the legally prescribed limitation period.

Under Moroccan law, any person or legal entity with a legitimate and direct interest may initiate a challenge against an intellectual property right. This standing is particularly recognized for holders of prior rights, economic operators who consider themselves adversely affected by a registration impacting their business activities or rights, as well as professional associations, trade unions, and the public prosecutor’s office.

Challenges to intellectual property rights in Morocco may be initiated either during the registration process, for example, through opposition proceedings against trademark applications, or at any time during the term of the right, such as through actions for nullity or forfeiture. The timing and procedure depend on the specific nature of the right and the governing legal provisions.

In Morocco, intellectual property rights may be challenged either during their registration process or at any time throughout their term of protection. The competent authority to hear such challenges depends on the nature of the intellectual property right involved.

Administrative opposition proceedings, particularly relating to trademarks, are managed by OMPIC and must be filed within a prescribed period following the publication of the registration application.

Actions for nullity, forfeiture, or infringement are generally adjudicated by the Commercial Courts, except for copyright disputes, which fall within the jurisdiction of the Courts of First Instance.

The grounds for invalidation vary according to the type of right. For trademarks, challenges often arise from conflicts with prior rights. For patents and industrial designs, grounds may include disputes over rightful ownership, such as claims by inventors or their successors, or breaches of legal and contractual obligations. In copyright cases, common challenges relate to the lack of originality or allegations of fraudulent authorship.

Moroccan law provides mechanisms to limit or neutralize the legal effects of an intellectual property right, notably through the grant of compulsory licenses. Such licenses may be issued where a patent is not exploited by its holder within a specified timeframe, generally three years from the grant date or four years from the filing date, or on grounds of public interest, particularly in critical sectors such as public health.

Holders of intellectual property rights in Morocco have access to a range of provisional and final remedies designed to halt infringement and safeguard their rights.

• Provisional Remedies: Rights holders may petition the court for provisional measures, such as an infringement seizure, aimed at securing goods suspected of infringement to prevent the loss or destruction of evidence. Such measures can be requested either prior to or during trial. Additionally, the court may grant a preliminary injunction to immediately restrain infringing activities and prevent irreparable harm, particularly in urgent cases involving trademarks and patents.
• Final Remedies: Infringement actions enable the court to formally recognize the violation of intellectual property rights. The court may order the permanent cessation of infringing acts and the destruction of counterfeit goods. Rights holders are entitled to claim damages to compensate for economic and moral harm suffered, with the amount assessed by the court based on the gravity of the infringement and the extent of losses. The court may also require the infringer to publish the judgment at their expense to redress moral prejudice. Furthermore, infringement may incur criminal sanctions, including fines and imprisonment, depending on the severity of the offense.

The costs associated with enforcing intellectual property rights or engaging in litigation in Morocco can vary considerably. This variation depends on several factors, including the type of IP right at issue, the complexity of the case, the identity and number of parties involved, and the level of jurisdiction handling the matter. As such, it is challenging to provide a standard or uniform cost estimate.

Under Moroccan law, the general principle is that the unsuccessful party bears the legal costs. This framework allows prevailing rights holders to seek recovery of expenses incurred during enforcement or litigation proceedings.