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ARTICLE · 21 OCTOBER 2020

Is Western Sahara A No-go For Trademark Protection?

Western Sahara is an Atlantic-coastal desert area of 266,000km2, bordered by the Atlantic Ocean, Morocco, Algeria and Mauritania.

MoroccoIntellectual Property

Western Sahara is an Atlantic-coastal desert area of 266,000km2, bordered by the Atlantic Ocean, Morocco, Algeria and Mauritania. A former Spanish colony, it has been on the the United Nations (UN) list of non-self-governing territories since 1965 along with 17 other territories.

'Non-self-governing territories' are defined as "territories whose people have not yet attained a full measure of self-government" according to Chapter XI of the UN Charter.

The reasons for a region to be declared a non-self-governing vary and are specific to each territory. In the case of Western Sahara, this is mainly due to the fact that it is a disputed territory between the Saharawi people, led by the Polisario Front, which self-proclaimed it the Sahrawi Arab Democratic Republic (SADR) in 1976, and Morocco, which annexed two-thirds of the country in 1975 after the withdrawal of Spain.

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