New IP Law Issued in Morocco
15 Mar 2006RABAT - Morocco issued the new Law No. 31-05 which was approved by the Parliament on December 14, 2005, and published in the Official Gazette No. 5397 on February 20, 2006.
According to a press release by Abu-Ghazaleh Intellectual Property (AGIP), the Law No. 31-05 amends and supplements Law No. 17 - 97 on the Protection of Industrial Property in Morocco which took effect on December 18, 2004.
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.
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.
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:
1. A Power of Attorney simply signed and stamped by the applicant.
2. The name, address and nationality of the applicant and the nature of its business.
3. The list of the goods to be covered by the application.
4. Fifteen prints of the trademark (not exceeding 8x8 centimeters) and printing block, which maybe obtained locally.
5. The musical composition (notes) for sound marks and explanatory legend regarding the essence for smell marks.
6. A certified copy of the basic registration if convention priority is to be claimed. This must be submitted within 3 months of filing.
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