BORDER MEASURES

Enforcement of IP RIGHTS

Industrial Property in Morocco is governed by the law No. 17-97 dated December 18, 2004, as amended and completed by the two subsequent laws Nos. 31-05 of February 20, 2006 and the law 23-13 implemented on December 18, 2014.

The IP law was drafted to be in full compliance with the international standards adopted by the Paris Convention and the TRIPS Agreement to which Morocco is member state.

Right holders

The owners of registered trademarks or their exclusive licensees are entitled to submit a request to the Customs Administration, seeking the interception at the port of entry of suspected counterfeit products bearing their brands.

Documents needed

  • An Undertaking Form legalized
  • A power of attorney legalized
  • A notarized or certified official document showing that the signatory of both the Undertaking and the POA is authorized to act on behalf of the company
  • Certified copies of the trademarks involved, as issued by the Moroccan TMO

Proceedings

Once the suspension application is approved and whenever the customs would intercept any imported suspected counterfeit products, it would be compulsory to submit to Customs within 10 days evidence that Applicant had:

  • Obtained a ruling from the president of tribunal of commerce acting in chambers ordering the conservatory seizure at import of the fake articles, and
  • Initiated a substantive lawsuit against the importer along with payment of bond in order to damage the counterparts in case the products would not ultimately be found as counterfeit subsequently to a final court decision.

At the end of the court proceedings and in the event the suspended goods were declared counterfeit by virtue of a final court decision, the tribunal would order their destruction.

Failure to proceed as prescribed above within the timeframe of 10 days, the suspected counterfeit goods would be released for free circulation into the territory of Morocco and the suspension measure would be lifted.

In case of an amicable settlement between the brand owner and the importer, the Agreement should include a clause regarding destruction of the counterfeit detained products.