WORLD TRADE
ORGANIZATIONIP/N/1/MAR/2
13 November 2002
(02-6262)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  French
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
MOROCCO
By means of communications dated 10 October 2000 and 14 and 15 June 2001, the following
notification of intellectual property laws and regulations, in accordance with Article 63.2 of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the procedure laid
down by the Council for TRIPS, has been rece ived from the Permanent Mission of Morocco:
- Annex I lists the "main dedicated intellectual property laws and regulations".- Annex II lists "other laws and regulations".
- Morocco's replies to the Check-list of Issues on Enforcement.
1
                                                     
1 See document IP/N/6/MAR/1.IP/N/1/MAR/2
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Dahir No. 1-96-255 promulgating Law No. 9-94 on
the protection of new varieties of plants, 2
of 21 January 1997 (12 Ramadan).This Law protects new varieties of plants , defines
the scope of this protection and the rights
thereunder and prescribes civil and criminal
penalties for any infringement of the protected
rights.
Dahir No. 1-00-91 promulgating Law No. 17-97
concerning the protection of industrial property, 3
of 15 February 2000 (9 Dhu al-Qidah 1420).This Law protects patents for invention, layout-
designs (topographies) of integrated circuits,
industrial designs, trademarks, service marks, trade
names, indications of source and appellations of
origin and prevents unfair competition in relation tothe aforementioned elements.
Dahir No. 1-00-20 promulgating Law No. 2-00 on
copyright and related rights, 4
of 15 February 2000 (9 Dhu al-Qidah 1420).This Law protects authors of literary and artistic
works and defines the subject matter of thisprotection, the rights thereunder and their
limitations as well as the measures, remedies and
penalties applicable to piracy and other offences
under this Law.
Dahir No. 1-97-65 promulgating Law No. 53-95
establishing commercial courts, 5
of 12 February 1997.
                                                     
2 See document IP/N/1/MAR/P/1.
3 See document IP/N/1/MAR/I/1.
4 See document IP/N/1/MAR/C/1.
5 See document IP/N/1/MAR/E/1.IP/N/1/MAR/2
Page 3
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Dahir No. 1-00-71 promulgating Law No. 13-99
establishing the Moroccan Industrial and
Commercial Property Office, 6
of 15 February 2000 (9 Dhu al-Qidah 1420).This Law supplements the above-mentioned Law
No. 17-97, the provisions of which relate to the
agency responsible for industrial property matters,
and establishes the tasks entrusted to the Moroccan
Industrial and Commercial Property Office, inparticular those relating to industrial and
commercial property.
Decree No. 2.64.406 establishing the Moroccan
Copyright Office, 7
of 8 March 1965 (5 Dhu al-Qidah 1384).This Decree establishes the Moroccan Copyright
Office referred to in Article 60 of the above-mentioned Law No. 02-00.
Decree No. 2-75-321 regulating wine-making and
the stocking, circulation and trading of wines, 8
of 12 August 1977 (25 Shaban 1397).This Decree defines the different designations,
including appellations of origin, for wine which
may be produced and marketed in Morocco.
It should be noted that the National Vini- and
Viticultural Commission, the purpose of which is to
handle applications for appellation of origin labelsand to propose that such labels be granted, is
established under Article 12 of this Decree.
Order No. 869-75 of the Minister for Agriculture
and Agrarian Reform regulating the appellation of
origin regime for wines, 9
of 15 August 1977 (28 Shaban 1397).
(O.J. No. 3388 of 5 October 1977, p. 1091)This Order concerns the conditions with which
wines must comply to obtain appellations of origin.
It also deals with the procedures for allocatingappellations of origin to wines and the
responsibilities of the National Vini- and
Viticultural Commission, established by the above-
mentioned Decree No. 2-75-321.
                                                     
6 See document IP/N/1/MAR/I/2.
7 See document IP/N/1/MAR/C/2.
8 See document IP/N/1/MAR/G/1.
9 See document IP/N/1/MAR/G/2.IP/N/1/MAR/2
Page 4
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Order No. 1955-98 of the Minister for Agriculture,
Rural Development and Sea Fisheries concerning
the general conditions governing production of
wines with registered appellations of origin, 10
of 8 October 1998 (16 Jumada II 1419).
(O.J. No. 4662 of 4 February 1999, p. 102)This Order concerns the general conditions
governing production of wines with registered
appellations of origin.
Order No. 1956-98 of 8 October 1998 (16 Jumada
II 1419) of the Minister for Agriculture, Rural
Development and Sea Fisheries supplementing
Order No. 869-75 of 15 August 1977 (28 Shaban
1397) of the Minister for Agriculture and Agrarian
Reform regulating the appellation of origin regime
for wines, 11
(O.J. No. 4662 of 4 February 1999, p. 103)This Order supplements the above-mentioned Order
No. 1955-98 concerning the general conditions
governing production of wines with registered
appellations of origin.
Order No. 1957-98 of the Minister for Agriculture,
Rural Development and Sea Fisheries concerning
the registered appellation of origin "Les Coteaux de
l'Atlas", 12
of 8 October 1998 (16 Jumada II 1419).
(O.J. No. 4662 of 4 February 1999, p. 102)This Order also supplements the above-mentioned
Order No. 1955-98 concerning the general
conditions governing production of wines with
registered appellations of origin. It establishes the
registered appellation of origin “Les Coteaux de
l’Atlas”.
Draft13 Decree implementing Law No. 17/97 on the
protection of industrial property, 13
                                                     
10 See document IP/N/1/MAR/G/3.
11 See document IP/N/1/MAR/G/4.
12 See document IP/N/1/MAR/G/5.
13 See document IP/N/1/MAR/I/3.IP/N/1/MAR/2
Page 5
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the conditions and procedures for the examination
of applications and the granting of new plant variety
certificates. 14
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the remuneration for services provided in relation to
the protection of new plant varieties. 15
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the composition, competence and functioning of the
Advisory Committee for the Protection of New
Plant Varieties. 16
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the list of species eligible for protection, their term
of protection and the elements protected. 17
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the date for filing the application and the amount of
propagating or multiplication material required for
examination of the variety. 18
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the indications included in the national register of
applications for new plant variety certificates. 19
                                                     
14 See document IP/N/1/MAR/P/2.
15 See document IP/N/1/MAR/P/3.
16 See document IP/N/1/MAR/P/4.
17 See document IP/N/1/MAR/P/5.
18 See document IP/N/1/MAR/P/6.
19 See document IP/N/1/MAR/P/7.IP/N/1/MAR/2
Page 6
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Draft13 Order implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the indications included in the national register of
new plant variety certificates. 20
Draft13 Decree implementing Law No. 9/94 on the
protection of new varieties of plants, determining
the remuneration for services provided in relation to
the protection of new plant varieties. 21
                                                     
20 See document IP/N/1/MAR/P/8.
21 See document IP/N/1/MAR/P/9.IP/N/1/MAR/2
Page 7
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Dahir establishing the Code of Obligations and
Contracts, in particular Articles 77, 79, 80, 81, 84,
264 and 435,
of 12 August 1913 (9 Ramadan 1331).This Code deals with principles of rights relating to
obligations stemming from agreements and other
declarations of will, quasi-contracts and intentional
and non-intentional torts.
It considers the use of a name, mark, label or
emblem of another trader as unfair competition.
Dahir No. 1-58-008 enacting the General Civil
Service Act and Regulations, in particular Article
18,
of 24 February 1958 (4 Shaban 1377).This Act concerns the organization of the civil
service. It defines the principles and legal
conditions for officials as well as their rights and
duties in the exercise of their functions.In particular, it requires all officials to keep
confidential everything concerning the facts and
information of which they become aware during or
in connection with the performance of their duties.
Dahir No. 1-58-261 establishing the Code of
Criminal Procedure, in particular Articles 2, 15 and
153,
of 10 February 1959 (1 Shaban 1378).This Code regulates the procedure for criminal
action initiated before the competent national courts
and the penalties incurred by offenders under this
Law.
It states that anyone involved in this procedure shall
be bound to professional secrecy under theconditions and subject to the penalties laid down in
the Criminal Code.
Dahir No. 1-59-413 approving the text of the
Criminal Code, in particular Articles 575 to 579,
of 26 November 1962 (28 Jumada II 1382).This Code deals with the criminal sanctions for any
violation of the laws and regulations in force and
provides that the penalties laid down in the Law
may affect the individual's freedom, fortune and
ability to exercise certain rights or activities. Law
No. 02-00, mentioned in Annex I of this document,is based on provisions of the Criminal Code
(Articles 575 to 579) as regards any infringement of
a right protected under this Law, if committed
intentionally or through negligence and with a view
to profit or gain.IP/N/1/MAR/2
Page 8
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Dahir enacting Law No. 1-47-447 approving the
text of the Code of Civil Procedure, in particular
Articles 17, 33, 55, 59, 124, 125, 127, 147, 148,
149, 152, 153 and 155,
of 28 September 1974 (11 Ramadan 1394).This Code sets out the procedures for all civil action
before courts of first instance, administrative courts
and commercial courts.
Dahir No. 1-91-225 promulgating Law No. 41-90
establishing administrative courts,
of 10 September 1993 (22 Rabi I 1414).This Law, which establishes administrative courts,
grants them jurisdiction to hear all cases relating to
applications to set aside administrative decisions for
misuse of authority and actions for compensationfor damage caused by the acts or activities of
public-law corporations.
Dahir No. 1-80-440 promulgating Law No. 41-80
establishing and organizing a bailiff service, in
particular Articles 2, 19, 20 and 21,
of 17 Safar 1401.
(O.J. of 18 February 1981, p. 77)This Law establishes and organizes the bailiff
service, its powers and the disciplinary measures
which are applicable against bailiffs who fail to
comply with their professional obligations.
Dahir No. 1-97-65 promulgating Law No. 53-95
establishing commercial courts, in particular
Articles 6, 14, 18 and 23,
of 12 February 1997 (4 Shawwal 1417).This Law gives these Courts exclusive jurisdiction
to hear trade disputes. These Courts also have solecompetence to entertain industrial property
disputes, as provided for in Law No. 17-97,
mentioned in Annex I of this document, irrespective
of the nature of the parties.
Dahir enacting Law No. 1-93-162 organizing the
practice of the profession of attorney, in particular
Articles 31 and 36,
of 10 September 1993 (22 Rabi I 1414).
(O.J. No. 4264 of 20 July1994)This Law deals with the organization of the practice
of the profession of attorney. Chapter IV thereof
establishes attorney obligations, in particular with
regard to respecting the confidentiality of inquiries
and of any information taken from the files.IP/N/1/MAR/2
Page 9
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Dahir enacting Law No. 15-95 establishing the
Commercial Code, in particular Articles 22, 23 and
545.Under the Commercial Code, any person routinely
and professionally engaged in i) printing and
publishing; ii) organization of public performances
qualifies for trader status.
The Commercial Code deals with the organizationof the commercial register, entries in which
concern, inter alia , exploited patents and
trademarks or service marks registered by the
trader.
It considers patents for invention, licences,trademarks and service marks as elements
constituting goodwill.
Law No. 06-99 governing free pricing and
competition.The purpose of this Law is to establish a legal
framework for free pricing and competition.It ensures transparency and fairness in trade
relations.
Dahir enacting Law No. 1-77-339 of 9 October
1977 approving the Customs and Excise Code of
the Customs and Excise Authority, as supplemented
and amended by Law No. 02-99, promulgated by
Dahir No. 1.00.222 of 5 June  2000.
Implementing texts of the Customs and ExciseCode.The Customs Code and its implementing texts
govern the border import and export responsibilities
of the Customs and Excise Authority. Similarly,
under ordinary law and by order of the competent
judicial authorities, issued upon request, this
Authority may be involved in any measure designed
to preserve protected rights, in particular
precautionary measures.
Law No. 20-99 on the organization of the film
industry.
(O.J. No. 1882 of 15 March 2001)The purpose of this Law is to establish regulations
governing the production, distribution and shooting
of films and the use of cinemas and states that avisa from the administering authority (the
Moroccan Cinematographic Centre) is required for
any commercial exploitation of a film in the
national territory. This Law strengthens national
intellectual property law.IP/N/1/MAR/2
Page 10
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law No. 13-83 concerning the repression of
merchandise fraud, in particular Articles 1 to 4.This Law establishes the repressive measures which
may be applied to traded merchandise fraud.
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