Patents for inventions
- An invention is patentable if it is new, involves an inventive step and is capable of industrial application.
- A patent confers an exclusive right of exploitation for twenty years from filing, subject to payment of the annual fees.
- Applications are filed with the Moroccan Industrial and Commercial Property Office (OMPIC).
Trademarks
- A trademark is a sign capable of graphic representation that serves to distinguish goods or services; ownership is acquired by registration.
- Registration takes effect for ten years and is renewable indefinitely.
- The owner may bring infringement proceedings and oppose the registration of a later identical or similar mark.
Infringement and sanctions
- Infringement actions are brought before the Commercial Court; an infringement seizure (saisie-contrefaçon) allows evidence to be gathered.
- Law 23-13 strengthened criminal penalties and border measures (customs detention of infringing goods).
- Industrial designs are protected for five years, renewable up to twenty-five years.
Key articles
Art. 17
« The term of protection conferred by a patent is twenty years from the filing date of the application. »
Art. 152
« Registration of the mark takes effect from the filing date for a period of ten years, renewable indefinitely. »
A lawyer's points to watch
- Carry out a prior-rights search before filing any trademark or trade name; OMPIC does not check availability of its own motion.
- The period for opposing the registration of a trademark is short after publication: monitor the OMPIC bulletin.
- A trademark not used for five years may be revoked at the request of a third party.
The English text on this page, including the quoted articles, is an unofficial translation. Information sheet prepared by Maître Lahfaia Law Firm, Rabat. It does not constitute legal advice. Only the text published in the Official Bulletin of the Kingdom of Morocco is authoritative; the articles cited may have been amended since this sheet was written.