The Kingdom of Morocco had two legislations in the field of IP, the law dated October 4, 1938 governing the Tangier zone (Northern part of Morocco) and the Dahir (law) of June 23, 1916 governing the Casablanca zone (rest of Morocco). It was necessary to file two separate applications one in the Casablanca zone and one in the Tangier zone to enjoy full protection throughout the Kingdom of Morocco.
2004

The Kingdom of Morocco had two legislations in the field of IP, the law dated October 4, 1938 governing the Tangier zone (Northern part of Morocco) and the Dahir (law) of June 23, 1916 governing the Casablanca zone (rest of Morocco). It was necessary to file two separate applications one in the Casablanca zone and one in the Tangier zone to enjoy full protection throughout the Kingdom of Morocco.
2004

After long, the implementing regulations of the new law no. 17-97 on the Protection of Industrial Property in Morocco were published in the Official Bulletin on June 17, 2004 and entered into force on December 18, 2004. Thus, it abolished the two previous legislations on Industrial Property, the law dated October 4, 1938 governing the Tangier zone (Northern part of Morocco) and the Dahir (law) of June 23, 1916 governing the Casablanca zone (rest of Morocco).
The new law foresaw that, starting from December 18, 2004, all patents, trademarks, Industrial models & designs which were registered or filed before that date, in the Casablanca zone will automatically extend protection to Tangier zone and vice versa.
The amendments made brings the Moroccan law on Industrial Property into harmony with TRIPS requirements. The new law brought about a number of important amendments which comprise aspects of trademarks, patents, industrial models & Designs and add other provisions (Patentability of pharmaceutical products; protection of Layout-designs (topographies) of integrated circuits; new types of marks: service mark, certification mark and certification/collective mark; dissuasive measures in case of imitation, counterfeiting and unfair competition; trademarks are no longer protected by use and the owners of non-registered marks were granted six months grace period to have their trademarks registered in order to be protected according to the provisions of the new law; plant varieties are no longer eligible for patent protection and are governed by the law no.9/94 pertaining to the protection of plant varieties…)

A new law No. 31-05 entered into force on February 20, 2006, which amend and complete the law No. 19-97.
The amendments made brings the Moroccan law on industrial property into harmony with the Patent Law Treaty (PLT), Trademark Law Treaty (TLT) and also to comply with the Free Trade Agreements signed between Morocco and other countries especially USA.
The new law brought about a number of important amendments which comprise aspects of trademarks, patents, and add other provisions (the possibility to request the extension of the period of protection of a patent, new types of marks: sounds signs such as sounds, musical phrases and olfactory mark; the system of opposition has been implemented in Morocco; introduction of provisions on border measures/customs surveillance…)

A new law No. 31-05 entered into force on February 20, 2006, which amend and complete the law No. 19-97.

The new law brought about a number of important amendments which comprise aspects of trademarks, patents, and add other provisions (Organization of the profession of Industrial Property Attorney; improvement of the patent system and the introduction of the examination of patent; possibility of validation of an EP; annuities are payable as from grant; divisional applications; introduction of dating system; strengthening the enforcement of Industrial Property Rights…)

current law no.79-97 on the Protection of Industrial Property as amended and completed by law no.31-05 and 23-13 along with the respective decrees of application (consolidated in French)

The first Moroccan law relating to the protection of literary and artistic works was promulgated on June 23, 1916 followed by those of November 9, 1926 and February 16, 1927. These laws were abrogated and replaced by law of July 29, 1970, itself abrogated and replaced by the law no. 2-00 promulgated on February 15, 2000, published in the Official Bulletin on May 18, 2000 and entered into force on November 18, 2000.

Amendments to law no. 2-00 of February 15, 2000 were made, and a law no. 34-05 was promulgated by Dahir no. 1-05-192 of February 14, 2006. The new law brought a certain number of amendments to contribute to the improvement of the national system for the protection of copyright and neighboring rights, by among others, strengthening the protection of right holders and consumers against counterfeit and piracy.

Additional amendments supplementing the law no. 2-00 were made, and a new law no. 79-12 was promulgated by Dahir no. 1-14-97 of May 20, 2014.

Of course, these legislative provisions were made to bring the national law up to date and in line with the new international environment and in harmony with international treaties and agreements, including the WTO TRIPS Agreement, the WCT and WPPT Treaties of WIPO, and the Free Trade Agreements concluded by our Country with other Partner Countries.

Plant varieties were protected by patents and the first and current law no. 9-94 on the Protection of Plant Varieties was promulgated by the Dahir No. 1-96-255 of 21 January 1997.
It will have positive consequences in the agricultural field and in particularly the seed sector. The application of this law allows to provide breeders with the legal instrument to defend their right to property; to provide farmers with new technologies in plant breeding; to ensure compliance with the international commitments made at the signing of the WTO agreements in Marrakesh which specify in the TRIPS agreements the obligation to protect the intellectual property rights of “inventors”, breeders included; promote the access of Moroccan agricultural products to the export market and improve their competitiveness; encourage investment in the seed industry sector; provide Morocco with the legal instrument to join the International Union for the Protection of New Varieties of Plants (UPOV).

The accession to International Treaties on Industrial Property offers many benefits, namely the reinforcement of its legal framework for the protection of industrial property rights for domestic and foreign investors and the alignment with the highest international standards in this field.

The kingdom of Morocco is a state party to the main IP treaties and conventions:

• Convention Establishing the World Intellectual Property Organization (July 27, 1971)

• Agreement establishing the World Trade Organization (WTO) (January 1, 1995)

• World Trade Organization (WTO) – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (January 1, 1995)

• Paris Convention for the Protection of Industrial Property (July 30, 1917)

• Madrid Agreement Concerning the International Registration of Marks (July 30, 1917)
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (October 8, 1999)
• Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (October 1, 1966)
• Trademark Law Treaty (July 6, 2009)