Morocco
issued the new Law no. 23-13 to amend the law no. 17/97 related to Industrial
Property. The said Law entered in force on December 18, 2014 and provides for
the protection of industrial property rights in accordance with international standards
in the field of industrial property.
The law protects patents for invention, layout-designs (topographies) of integrated circuits, industrial designs and models, trademarks and service marks, trade names, indications of source and appellations of origin and the repression of unfair competition.
The
new law introduces the trademark electronic application system. This system
permits national applicants or their agents file their trademark applications
online.
The
law also introduces the opposition system of trademarks in Morocco, where a
period of two months from the publication date of the trademark application
will be given during which a third party can oppose the trademark application.
The said opposition should be submitted in writing to the Registrar of
Trademarks. It is now possible to any interested third parties to oppose a
trademark on absolute grounds, calculation of deadlines before the PTO.
The
Moroccan Trademark Office will decide upon the opposition petition within six
months after having considered the demands (claims) of every party. This
timeframe can be extended to another six months. In case, one of the concerned
parties objected the decision of the Moroccan Trademark Office, the decision is
liable to appeal before the Appeal Commercial Court of Casablanca.
With
the aim of streamlining trademark filing procedures in Morocco, the law allows
the owner or his agent to submit a petition to the Trademark Office within two
months as of the expiry date of the initial prescribed deadline of three months
to complete filing procedures (late filing of documents).
The
said petition should be presented one time containing all original missing
documents with the tax payment thereof.
Once
a trademark application is filed, it will be examined as to form and
substantially and then is published in the Official Gazette for opposition
within 2 months as from the publication date. In case no opposition is lodged
against it, the certificate of registration is issued.
The
Customs administration is now entitled to block suspected counterfeited goods
not only for importation but also for exportation and in transit.
It
will be now be possible to file divisional applications either for patents,
trademarks and designs and models, possibility to delay the disclosure of a
design & model.
Licensing
and assignments are now allowed for pending applications.
Moreover,
major changes were made regarding the improvement of the invention patent
system, the consolidation of the national trademark system, the reform of the
national system of industrial designs and the enforcement of IP rights.
Office Marocain de la Propriété Industrielle et Commerciale
R.S. 114
KM 9,5 Route de
Nouasseur – Sidi
Maarouf
Casablanca
Morocco
Tel + 212 22 33
54 86
Fax + 212 22 33
54 80
Mail
directinfo@ompic.org.ma
www.ompic.org.ma
Morocco
is a member of the Paris Convention for the Protection of Industrial Property.
The International Classification of Goods and Services for the Purposes of the
Registration of Marks under the Nice Agreement (11th edition) is followed in Morocco.
Trademark Requirements:
1. A
power of attorney simply signed, and sealed with the official stamp of the
applicant company indicating the name and title of the signatory.
2. Full
particulars of the applicant company.
3. A
certified copy of the priority document in case priority is to be claimed.
4. A
certificate of guarantee if the mark is subject of international exhibitions or
if it is officially known.
5. If
the mark is collective, or of certification, a copy of the usage regulation is
needed.
To achieve better enforcement of Intellectual Property Rights (IPRs) and prevent any infringement on such rights, border measures were strengthened and stiffened. According to the Law, the Administration of Customs and Duties shall have the full authority to seize any goods found to bear similar or identical trademark(s) to the original ones. The seizure can be upon the request of the owner of a registered trademark, or its local agent.
It
is worth noting that the new law recognizes for the first time the
registrability of the sound and smell marks.
Requirements for filing sound and smell marks are as follows:
-
A Power of Attorney simply signed and stamped
by the applicant.
-
The name, address and nationality of the
applicant and the nature of its business.
-
list of
the goods to be covered by the application.
-
Fifteen prints of the trademark (not exceeding
8×8 centimeters) and printing block, which may be obtained locally.
-
The musical composition (notes) for sound marks
and explanatory legend regarding the essence for smell marks.
-
A certified copy of the basic registration if
convention priority is to be claimed. This must be submitted within 3 months of
filing.
Time frame:
-
Time frame from filing a trade mark application
up to registration, in the normal course of action is from 4 to 5 months.
Renewal requirement:
-
Power of attorney simply signed and sealed.
-
Scanned copy of the trademark registration
certificate.
Recordal of License agreement requirements:
-
A simply signed power of attorney from the
licensor or the licensee
-
license agreement with a sworn French
translation, notarized.
Morocco
is a PCT member state since October 8, 1999. In Morocco, patent applications
are examined as to formal requirements and to substantive requirements based on
an assessment of the invention against the criteria of novelty, inventive step
and industrial applicability. A Patent Examiner reviews the application and
searches the prior art to decide whether the application meets the requirements
of patentability.
The
PTO will prepare a preliminary search report with an opinion on the basis of
the claims, descriptions and drawings, if applicable. The preliminary search
report once prepared shall be notified to the applicant or his agent.
Afterwards, a final search report will be issued.
Patent Requirements:
1. A
Simply signed Power of attorney.
2. Three
copies of specifications, claims and drawings in French and Arabic.
3. Prior
substantive examination for designs and patents applications is now required.
Acceptance
of patents related to Micro-organisms is now permissible.
PCT Patent Application:
-
International Application Form.
-
International Search Report.
-
PCT Demand.
-
PCT Preliminary Examination Report.
-
Certified copy of priority document.
-
Specifications, claims abstract and drawings in
Arabic and French.
-
Deed of assignment duly executed by the
inventors.
-
Power of attorney simply signed by the
applicant.
- International Publication Sheet.
If a patent application is accepted, the applicant will be notified to pay an amount to obtain the patent letter and pay the due annuity fees.
In
other words, annuities for any pending patent applications are now payable
after grant only and upon acceptance, whether filed before or after the law
change on December 18, 2014.
Validity of the patent application:
-
A patent application is valid for 20-years, and
according to PCT page on WIPO website, “Law Art. No. 82 MA.12 ANNUAL FEES.
-
Renewal fees for a patent application must be
paid to the Office for the years following that in which the patent has been
granted. The owner of a patent who has not paid the renewal fees within the prescribed
time limit may incur the loss of his rights. However, the fees may validly be
paid within a further six-month period as of the date of expiry of the time
limit; in this case, a surcharge is added for each month of delay in payment
(see Annex MA.I). If the renewal fees have not been paid by the end of the
additional six-month period, the owner of a patent loses his rights, and a
written and substantiated decision of the Office as to the loss of rights is
communicated to the owner of the patent or the agent.”
Design Requirements:
-
Power of attorney signed and sealed.
-
3 sets of the representation of design.
-
Summary description of the design.
Recordal of change of name/address requirements:
-
Certified copy of the certificate of change of
name/address.
-
Details of the trademark (date, registration
number).
-
Power of attorney simply signed by the
applicant.
Recordal of assignment/merger requirements:
-
Certified copy of the deed of merger/license
contract which should be legalized up to the Moroccan Consulate in the
applicant home country.
-
Power of attorney simply signed by the
applicant.
Recordal of License agreement requirements:
-
A simply signed power of attorney by the
licensee.
-
A license agreement executed by both parties.
The validity:
-
The duration of protection is 25 years. The
registration of an industrial design or model shall have effect for 5-years as
from the deposit date. It may be renewed by the payment of the official fees
for 4 consecutive periods of 5-year.
-
Renewal of a registration must be effected
within a grace period of 6-month preceding the expiry of its term of validity.
However, a grace period of 6 months may be granted to effect the renewal with
surcharge.
An
application for a design or industrial model may be refused, if a model or design
is against public order, or if all original documents are not submitted to the
Patent Office within 3 months as of the filing date, or if the model or design
reproduces effigies of his Majesty the King or any member of the Royal Family.
Protection
of Copyright and Related Rights is regulated by law No. 34.05 on Copyright and
Related Rights Act which amends and completes the Law 02.00". The said Law
entered in force on March 2006.
FILING REQUIREMENTS
1. Power
of attorney, simply signed, with company seal.
2. one
copy of the work of art.
The
new law provides for a term of patrimonial rights amounting to 70-years after
the death of the author.