LITIGATIONS

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.

The holders of IP titles duly registered in Morocco are entitled to enforce their rights before the Competent Tribunals either through civil or penal proceedings:

Trademarks

  • Nullity action based on an earlier right, aiming to obtain the cancellation of any subsequently filed or registered identical or similar trademark.
  • Nullity action against a trademark a trademark which is deceptive or lacks distinctiveness.
  • Revocation action which can be instituted by any interested party against a trademark for lack of use during a consecutive period of 5 years.
  • Action claiming ownership of a trademark which was filed in violation of a contractual or legal obligation.
  • Action for unfair competition.
  • Action for infringement against actual use of counterfeit products or services.

Patent

  • Nullity action based on an earlier right, aiming to obtain the cancellation of a subsequently filed patent.
  • Nullity action against a patent which lacks novelty.
  • Action claiming ownership of a patent which was filed in violation of the true owner’s rights.
  • Action for infringement against actual use of counterfeit products of the patented invention.
  • Lack of actual use of a patent gives right only to a right for a compulsory license.

Industrial Designs / Models

  • Nullity action based on an earlier right, aiming to obtain the cancellation of a subsequently filed Design / Model.
  • Nullity action against a Design / Model which lacks novelty.
  • Action claiming ownership of a patent which was filed in violation of the true owner’s rights.
  • Action for infringement against actual use of counterfeit products of the Design / Model.