Renseignements pour le réexamen au titre de l'article 24:2 de l'Accord sur les ADPIC (Liste de questions concernant les indications géographiques) ‒ Afficher les détails du document

Morocco

Law No. 17-97 on the Protection of Industrial Property assures protection of indications of source and appellations of origin of goods and services once its implementing regulations take effect. Besides, Article 4 of Law 13-83 concerning the repression of merchandise fraud may also provide protection for the origin of food and agricultural products. Appellations of origin may also be attributed to wines under the regulations governing wine products, in force since 1977.

Law No. 17-97 on the Protection of Industrial Property provides protection for appellations of origin and indications of source of goods and services, in keeping with Article 22 of the TRIPS Agreement, though without stipulating a procedure for the registration of appellations of origin. In addition, under Article 4 of Law 13-83 concerning the repression of merchandise fraud, the contractor is protected against any deception or attempted deception as to the origin of foodstuffs and agricultural produce when, by agreement or custom, the designation of the species or kind or of the origin falsely attributed to goods must be considered as the main reason for the contractor's commitment. The regulations on appellations of origin of wines define the geographical areas of wine production.

As indicated in the reply to Question 1 above, the protection of appellations of origin and indications of source covers both goods and services.

[Answer 1: Law No. 17-97 on the Protection of Industrial Property assures protection of indications of source and appellations of origin of goods and services once its implementing regulations take effect. Besides, Article 4 of Law 13-83 concerning the repression of merchandise fraud may also provide protection for the origin of food and agricultural products. Appellations of origin may also be attributed to wines under the regulations governing wine products, in force since 1977.]

The relevant laws and regulations are the following:2 – Dahir No. 1-00-19 of 9 kaada 1420 (15 February 2000) enacting Law No. 17-97 concerning the protection of industrial property; – Dahir 1.83.108 of 5 October 1984 enacting Law No. 13-83 concerning the repression of merchandise fraud; – Order No. 869-75 of 15 August 1977 issued by the Minister of Agriculture and Agrarian Reform regulating the appellation of origin regime for wines; – Order No. 1956-98 of 8 October 1998 issued by the Minister of Agriculture, Rural Development and Sea Fisheries supplementing Order No. 869-75 of 15 August 1977 issued by the Minister of Agriculture and Agrarian Reform regulating the appellation of origin regime for wines; – Order No. 1956-98 of 8 October 1998 issued by the Minister of Agriculture, Rural Development and Sea Fisheries concerning the general conditions governing wine production and registered appellations of origin; – Order No. 957-98 of 8 October 1998 issued by the Minister of Agriculture, Rural Development and Sea Fisheries concerning the registered appellation of origin "Les coteaux de l'Atlas"; – Order No. 436-99 of 30 March 1999 issued by the Minister of Agriculture, Rural Development and Sea Fisheries amending and supplementing Order No. 869-75 of 15 August 1977 issued by the Minister of Agriculture and Agrarian Reform regulating the appellation of origin regime for wines.

This question is not relevant to Morocco.

The designation "Les coteaux de l'Atlas" is a registered appellation of origin for a particular type of wine, laid down by Order No. 1957-98 of 8 October issued by the Ministry of Agriculture, Rural Development and Sea Fisheries concerning the registered appellation of origin "Les coteaux de l'Atlas", pursuant to the regulations governing the appellation of origin regime (Order No. 869-75 of 15 August 1977 of the Ministry of Agriculture and Agrarian Reform, as amended and supplemented by Order No. 1956-98 of 8 October 1998 issued by the Ministry of Agriculture, Rural Development and Sea Fisheries and Order No. 436-99 of 30 March issued by the Ministry of Agriculture, Rural Development and Sea Fisheries). This appellation of origin is protected specifically by Law No. 17-97 on the Protection of Industrial Property and Law No. 13-83 concerning the Repression of Merchandise Fraud.

The higher level of protection given to wines under Article 23.2 of the TRIPS Agreement is not provided for other products. Morocco is preparing to enact new legislation in this field, however. A draft law on the quality, safety and the regulation of foodstuffs and a draft decree on appellations of origin and geographical indications for agricultural products and foodstuffs and their protection are currently under study.

In addition to the provisions of Articles 135 and 137 of Law No. 17/97, Article 182 of the same law stipulates as follows: "The following shall be unlawful: (a) The direct or indirect use of a false or misleading indication concerning the source of a product or service or the identity of the producer, manufacturer or trader; (b) the direct or indirect use of a false or misleading appellation of origin or the imitation of an appellation of origin, even where the true origin of the product is indicated or the appellation is used in translation or accompanied by expressions such as 'kind', 'style', 'imitation' or the like."

Law No. 17/97 defines indication of source as an "expression or sign used to indicate that a product or service comes from a country or group of countries, or from a region or specific place." (Article 180). This same law prescribes that "an appellation of origin is the geographical name of a country, region or locality used to designate a product originating therein whose quality, reputation or other specified characteristics are exclusively or essentially attributable to the geographical environment, including natural and human factors." (Article 181). With respect to guaranteed appellations of origin, Order No. 869-75 dated 15 August 1977 of the Ministry of Agriculture and Agrarian Reform regulating the regime of appellations of origin for wine established 14 geographical regions, and the wine produced may only be marketed under an appellation of origin, provided that they: – are produced in a defined geographical area; – are obtained from clearly specified vine varieties for red wines or white wines; – have an alcoholic content of 12°; – come from vineyards cultivated by methods in keeping with local usage; – are produced using consistently used wine-making techniques; – are produced in quantities not exceeding the yield per hectare set annually for each appellation; – are obtained by a wine-making method different from that used for other wines; and – have obtained an appellation of origin label. At present there is only one registered appellation of origin, namely "Les coteaux de l'Atlas", produced within the Béni M'Tir geographical region. The wines entitled to the registered appellation of origin "Les coteaux de l'Atlas" must also meet the following specifications: – Red and rosé wines must come from the following vine varieties: Minimum 1/3 of the package: Cabernet sauvignon Merlot Syrah Timpranillo Maximum 1/3 of the package: Carignon Cinsault Grenache White wines must be produced from the following vine varieties: Minimum 50% of the package: Chardonnay Sauvignon blanc Vermentino Ugni blanc and Clairette

No, Article 181 of Law No. 17/97 states that "an appellation of origin is the geographical name of a country, region or locality used to designate a product originating therein whose quality, reputation or other specified characteristics are exclusively or essentially attributable to the geographical environment, including natural and human factors".

The criteria described above (reply to Question 8) are the ones considered for the recognition of guaranteed or registered appellations of origin for wines.

[Answer 8: Law No. 17/97 defines indication of source as an "expression or sign used to indicate that a product or service comes from a country or group of countries, or from a region or specific place." (Article 180). This same law prescribes that "an appellation of origin is the geographical name of a country, region or locality used to designate a product originating therein whose quality, reputation or other specified characteristics are exclusively or essentially attributable to the geographical environment, including natural and human factors." (Article 181). With respect to guaranteed appellations of origin, Order No. 869-75 dated 15 August 1977 of the Ministry of Agriculture and Agrarian Reform regulating the regime of appellations of origin for wine established 14 geographical regions, and the wine produced may only be marketed under an appellation of origin, provided that they: – are produced in a defined geographical area; – are obtained from clearly specified vine varieties for red wines or white wines; – have an alcoholic content of 12°; – come from vineyards cultivated by methods in keeping with local usage; – are produced using consistently used wine-making techniques; – are produced in quantities not exceeding the yield per hectare set annually for each appellation; – are obtained by a wine-making method different from that used for other wines; and – have obtained an appellation of origin label. At present there is only one registered appellation of origin, namely "Les coteaux de l'Atlas", produced within the Béni M'Tir geographical region. The wines entitled to the registered appellation of origin "Les coteaux de l'Atlas" must also meet the following specifications: – Red and rosé wines must come from the following vine varieties: Minimum 1/3 of the package: Cabernet sauvignon Merlot Syrah Timpranillo Maximum 1/3 of the package: Carignon Cinsault Grenache White wines must be produced from the following vine varieties: Minimum 50% of the package: Chardonnay Sauvignon blanc Vermentino Ugni blanc and Clairette]

Article 181 of Law No. 17/97 defines an appellation of origin as the geographical name of a country, region or locality used to designate a product originating therein whose quality, reputation or other specified characteristics are exclusively or essentially attributable to the geographical environment, including natural and human factors. Human creativity therefore plays a significant role together with natural factors in determining the quality, reputation and other specific features of a given product.

The criteria for the patentability of an invention stipulated by Law No.17/97, as against those outlined in Article 181 of the same law, play no part in the determination of an appellation of origin. A separate patent application may be filed for the role played by human factors that stand out for their creativity and innovation if they fulfil the requirements prescribed by the law. Likewise, Morocco's regulations do not require property rights such as patents for wines with appellations of origin.

An order issued by the Ministry of Agriculture specifies the geographical areas for the production of wines with appellations of origin. The conditions for the use of appellations of origin and the obtention of labels are within the purview of the National Wine Commission (Commission nationale vitivinicole),whose secretariat services are provided by the Anti-Fraud Division (Division de la répression des fraudes), a subdivision of the Ministry of Agriculture, Rural Development, Water and Forests.

Moroccan legislation contains no criteria for homonymous geographical indications for wines.

Article 1 of Law No. 17/97 states: " ... the protection of industrial property shall have as its subject-matter patents for invention, layout-designs (topographies) of integrated circuits, industrial designs, trademarks, service marks, trade names, and indications of source and appellations of origin, as well as the prevention of unfair competition". Accordingly, Article 3 clearly provides in this regard that "[n]ationals of each of the countries forming part of the International Union for the Protection of Industrial Property shall enjoy protection of the industrial property rights for which this Law provides, subject to fulfilment of the conditions and formalities laid down therein. The same protection shall be accorded to nationals of countries parties to any other industrial property treaty to which Morocco is party whose provisions prescribe treatment for its nationals no less favourable than that enjoyed by nationals of the aforesaid countries".

Negative reply.

Article 1 of Law No. 17/97 states: "For the purposes of this Law, the protection of industrial property shall have as its subject-matter patents for invention, layout-designs (topographies) of integrated circuits, industrial designs, trademarks, service marks, trade names, and indications of source and appellations of origin, as well as the prevention of unfair competition." Similarly, Articles 180 and 181 of this Law clearly define the expressions "indication of source" and "appellation of origin" in the following terms: – Article 180: The term 'indication of source' means an expression or sign used to indicate that a product or service comes from a country or group of countries, or from a region or specific place. – Article 181: An appellation of origin is the geographical name of a country, region or locality used to designate a product originating therein whose quality, reputation or other specified characteristics are exclusively or essentially attributable to the geographical environment, including natural and human factors.

Answer not provided.

Any wine-producer or person may claim the right to an appellation of origin under the terms and conditions set out above.

The competent authorities in respect of appellations of origin for wines are: – the Anti-Fraud Division (Division de la répression des fraudes), and – the National Wine Commission (Commission nationale vitivinicole) comprised of members of the profession and of the administration.

It is the professionals who launch the procedures for the recognition of appellations of origin by filing an application with the Anti-Fraud Division at the time of the declaration of implementation. That application must indicate: – The nature of the appellation; – the name of the vineyards; – their surface area; – the vine varieties; – the weight of the wine harvest; – the volume and colour of the wines; - the location of the cellars where the wines are being stored.

Our national regulations do not provide for the payment of fees for the obtention of guaranteed or registered appellations of origin labels for wines.

Applications for appellation labels for wines must set out the criteria given in Reply No. 19.

[Answer 19: It is the professionals who launch the procedures for the recognition of appellations of origin by filing an application with the Anti-Fraud Division at the time of the declaration of implementation. That application must indicate: – The nature of the appellation; – the name of the vineyards; – their surface area; – the vine varieties; – the weight of the wine harvest; – the volume and colour of the wines; - the location of the cellars where the wines are being stored.]

The other recognition criteria for wines with appellations are: 1. The field survey conducted by anti-fraud agents to verify the information given in the application; 2. analyses of the wine concerned by the application; 3. tasting by a panel of tasters.

The information is that given in the application for an appellation of origin label for wines.

The application clearly pertains to wines only.

Failure to meet any of the criteria set out in the reply to Question 22 is enough for the application to be rejected by the National Wine Commission. These criteria are: – A field survey; – analysis; – organoleptic testing. The field survey is carried out by the anti-fraud department so as to verify the information given in the application.

[Answer 22: The other recognition criteria for wines with appellations are: 1. The field survey conducted by anti-fraud agents to verify the information given in the application; 2. analyses of the wine concerned by the application; 3. tasting by a panel of tasters.]

The National Wine Commission.

Foreign wines with appellations of origin may be sold in Morocco provided they comply with the rules of production of the country of origin.

Appellations of origin for wines are laid down in regulations that remain in force until repealed by other regulations.

The geographical regions corresponding to appellations of origin are defined and require neither renewal, reaffirmation nor payment of any additional fees.

The non-use of appellations of origin does not lead to their elimination.

No.

The National Wine Commission examines the applications and the information they contain so as to recommend the obtention of an appellation. For wines already in circulation in the trade, it is the anti-fraud services that recommend the obtention of an appellation.

The procedure is that followed by the department responsible for the repression of merchandise fraud and applicable to all products, pursuant to the regulations governing wines, and more specifically those with appellations of origin. That procedure is based on the reporting of offences and the transmission of dossiers to the competent public prosecutor's offices.

Should the product no longer meet the established criteria for an appellation of origin for wines, the batches may be reclassified as common beverage wine (vin ordinaire) if the analysis shows that the wine is marketable, and at the request of the wine-producer.

All instances of illegal use of appellations of origin are dealt with under the usual procedures followed by the provincial anti-fraud authorities.

Any wine producer may apply for an appellation of origin so long as he satisfies the criteria set for that appellation, without need of satisfying any additional criteria.

Answer not provided.

No fees are envisaged under Moroccan regulations for securing authorisation to use an appellation of origin for wine. We should point out, however, that the costs of analysing samples submitted to the official laboratory for analysis and chemical research in Casablanca are borne by the producer.

There has never been a dispute so far concerning the use of an appellation of origin for wine, and any producer contesting the use of a guaranteed or registered appellation of origin as a trade name may bring a criminal action before the competent court. The Anti-Fraud Division may nevertheless intervene in all cases of fraudulent use of appellations of origin for wines.

In wine production, the appellation of origin continues until the exhaustion of batches of wine and its use ceases with the end of stock of the product.

Please refer to Reply No. 39.

[Answer 39: There has never been a dispute so far concerning the use of an appellation of origin for wine, and any producer contesting the use of a guaranteed or registered appellation of origin as a trade name may bring a criminal action before the competent court. The Anti-Fraud Division may nevertheless intervene in all cases of fraudulent use of appellations of origin for wines.]

The regulations on appellations of origin for wines make no mention of the grant of licences for appellations of origin for wines, but refers instead to labels accorded under clearly defined conditions.

Our regulations do not contemplate the principle of grandfathered use of either guaranteed or registered appellations of origin.

By citing indications of source and appellations of origin amongst the spheres covered by its protection, in Article 1 in particular, Law No. 17/97 accords them adequate protection against any act that could be detrimental to them. Likewise, pursuant to Article 16 of the TRIPS Agreement, this law clearly defines the rights (Articles 134(b), 135, 137, 153 to 155, 162, 180 to 183, 201, 206 and 231) conferred on the owner of a registered trademark.

Articles 137, 155 and 161 of Law No. 17/97 on the Protection of Industrial Property address this issue.

In the event of a conflict between a geographical indication and a trademark, the stipulations of Articles 135, 137, 155, 161, 182 and 183 of Law 17/97 shall apply.

Law No. 17/97 prescribes the following: "Article 164: The owner of a mark that has become by his doing: (a) The usual designation in trade for the product or service; (b) liable to mislead the public, in particular as to the nature, quality or geographical origin of the product or service shall also be liable to forfeit his rights." In this connection, please also see replies above (Articles 182 and 183).

To enforce a right in a geographical indication, the owner of that right may bring a legal action under Law No. 17/97 on the protection of industrial property, and more specifically based on Articles 174, 185, 206 and 226. Moreover, legal action may also be instituted in virtue of Law 13/83 on the repression of merchandise fraud.

Any owner of rights protected in Morocco may initiate a lawsuit against any act detrimental to those rights.

For cases of infringement of industrial property rights, and of marks in particular, Article 15 of Law No. 17/97 stipulates that: "[o]nly the commercial courts shall have jurisdiction to hear disputes arising out of the application of this Law, with the exception of the administrative decisions for which it provides". The institution of a legal action is subject to the fees prescribed by the regulations in force. As far as wines are concerned, the administrative entity empowered to rule on the rights attached to appellations of origin is the National Wine Commission, and no fees are involved. In criminal actions, it is the court of first instance in the place of residence of the wine-maker that is competent to rule on any disputes over rights to appellations of origin for wines.

As pertains to industrial property, the public may consult registered marks at the national registry of marks provided for in Article 157 of Law No. 17/97. Similarly, Article 176 of this law stipulates that "[t]he agency responsible for industrial property matters shall publish an official catalogue of all registered trademarks, service marks, collective marks and collective certification marks. It shall include a reference to the acts mentioned in the first paragraph of Article 157 above". Thus, pursuant to Article 151 of the same law, any interested party may obtain an official copy of the mark by written request, after producing the design of the registered mark. For wines, the appellations of origin are created by the Minister responsible for agriculture and published in the official gazette.

Please refer to the description given by Morocco in document IP/N/6/MAR/1 (Checklist of issues on enforcement (replies to Questions 21, 24 and 25)).

[Answer 21 - IP/N/6/MAR/1:

Criminal procedures and penalties exist and can be applied, in particular, against anyone who, intentionally or through negligence and with a view to profit or gain, infringes the pecuniary or non-pecuniary rights of authors of literary or artistic works and holders of related rights, as defined in Law  No. 02-00 on Copyright and Related Rights.

With regard to industrial property, the acts deemed to constitute a criminal offence, under Law No. 17-97 concerning Protection of Industrial Property, are wilful infringements of the rights of the owner of a patent, an industrial design, an integrated circuit layout design (topography), a trade name, an indication of source or designation of origin, an industrial award or a registered trademark or service mark.  Criminal procedures and penalties may also be applied against anyone who wilfully and repeatedly infringes the rights of the owner of a new plant variety certificate, as defined in Article  16 of the Law on the Protection of New Varieties of Plants, and against anyone who repeatedly makes unlawful use of the status of owner of a new plant variety certificate or an application for such a certificate.]

[Answer 24 - IP/N/6/MAR/1:

Infringements of industrial property rights, as defined by Law No. 17-97 concerning Protection of Industrial Property, are subject, under that same law, to the following penalties:

Patents

Any deliberate violation of the rights of the owner of a patent, as defined in Articles 53 and 54 above, shall constitute an infringement and shall be punishable with imprisonment for two to six months and/or a fine of 50,000 to 500,000 dirhams.[2]  For repeat offenders, the penalties may be doubled.  There shall be repetition of the offence, within the meaning of the present article, when the defendant has been irrevocably convicted of the identical offence within the previous five years.  The court may also order the destruction of objects found to be counterfeit owned by the infringer, as well as implements or means specially intended for committing the offence (Article 213).

Those who have knowingly handled, exhibited, offered for sale or sold, introduced or exported infringing products shall be liable to the same penalties as the infringer.  The same shall apply to any aid knowingly given to the perpetrator of any of the above-mentioned offences (Article 214).

The penalties provided for in Articles 213 and 214 above shall be increased to imprisonment for six months to two years and/or a fine of 100,000 to 500,000 dirhams only if the infringer is an employee who has worked in the workshops or the establishment of the patentee.  An employee who has entered into association with the infringer after informing him of the processes described in the patent shall be liable to the same penalties.  The employee may be prosecuted under the provisions of Article 447 of the Criminal Code (Article 215 of Law No. 17-97 concerning Protection of Industrial Property). 

Without prejudice to the penalties laid down in special laws, those who, in speeches or lectures delivered in public places or at public meetings, or in documents or publications sold or distributed, offered for sale or displayed in public premises or at public meetings, have given any information, indication or description whatsoever concerning patents or patents of addition relating to a main patent or integrated circuit lay-out designs (topographies) for which an application has been filed by them or by others but which have not yet been issued, shall be liable to a fine of 50,000 to 500,000 dirhams.  In addition to the fine, repeat offenders shall be liable to imprisonment for three months to two years (Article 216).

Without prejudice, where appropriate, to the more serious penalties for breaches of national security, anyone deliberately infringing one of the prohibitions specified in Article 42 above shall be liable to a fine of 100,000 to 500,000 dirhams.  If national defence has been impaired, a penalty of imprisonment for one to five years may also be imposed (Article 217).

Integrated circuit layout designs (topographies)

The provisions relating to patents are also applicable to civil and criminal infringement proceedings concerning integrated circuit lay-out designs (topographies) (Article 218).

Industrial designs

Any deliberate infringement of the rights of the owner of an industrial design is punishable by a fine of 25,000 to 250,000 dirhams.  This penalty shall be increased to a fine of 50,000 to 250,000 dirhams and imprisonment for one to six months if the offender was in the employ of the injured party.  The latter penalties shall also be applicable if the defendant is a repeat offender, that is to say has been irrevocably convicted of the identical offence within the previous five years.  The court may also order the destruction of infringing objects owned by the infringer, as well as of implements or means specially intended for committing the offence (Article 221).

Trademarks

Under Article 225, the following shall be deemed to be infringers and liable to imprisonment for two to six months and/or a fine of 50,000 to 500,000 dirhams: 

  • Those who have counterfeited a registered mark or fraudulently affixed a mark belonging to others;
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  • those who have made use of a mark without the authorization of the interested party even if accompanied by words such as "formula", "style", "system", "recipe", "imitation", "kind", or any other similar indication liable to mislead the buyer;
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  • those who, without lawful cause, have stocked products which they knew to bear a counterfeit or fraudulently affixed mark and have knowingly sold, put on sale, supplied or offered to supply goods or services under such a mark;
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  • those who have knowingly delivered a product or provided a service other than that requested of them under a registered mark.

 

            Under Article 226, the following only shall be liable to a penalty of imprisonment for one to six months and/or a fine of 25,000 to 250,000 dirhams:

 

  • Those who, without counterfeiting a registered mark, have made a fraudulent imitation thereof likely to mislead the buyer or have made use of a fraudulently imitated mark;
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  • those who have made use of a registered mark bearing indications likely to mislead the buyer as to the nature, material properties, composition or active-principle content, type or origin of the object or product described;
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  • those who, without lawful cause, have stocked products which they knew to bear a fraudulently imitated mark or have knowingly sold, put on sale or offered to supply products or services under such a mark.

Under Article 227, imprisonment for one to three months and/or a fine of 50,000 to 500,000 dirhams may be imposed only on those who have had incorporated in their trademarks or service marks prohibited signs mentioned in Article 135(a) above without the authorization of the competent authorities and those who have introduced into Morocco, stocked, put on sale or sold natural or manufactured products bearing the said signs as a mark.

The court may also order the destruction of infringing objects owned by the infringer, as well as of implements or means specially intended for committing the offence (Article 228).

The penalties laid down in Articles 225 to 228 above are applicable to collective marks as well as to collective certification marks (Article 229). 

Indications of source and designations of origin

The following only are punishable, under Article 231, by imprisonment for one to six months and/or a fine of 25,000 to 250,000 dirhams:

  • The direct or indirect use of a false or misleading indication concerning the source of a product or service or the identity of the producer, manufacturer or trader;
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  • the direct or indirect use of a false or misleading designation of origin or the imitation of a design of origin, even if the true origin of the product is indicated or the designation is used in translation or accompanied by expressions such as "kind", "style", "imitation" or the like.

Industrial awards

Under Article 232, the following only are liable to imprisonment for two to six months and/or a fine of 50,000 to 500,000 dirhams:

  • Those who, without entitlement and fraudulently, have conferred upon themselves industrial awards mentioned in Article 189 above or have conferred upon themselves fictitious awards by reproduction on their products, signs, advertisements, prospectuses, letterheads, business documents or packaging, or in any other manner;
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  • those who, under the same conditions, have used them for purposes other than those for which they were obtained;
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  • those who have made industrial or commercial use of awards other than those mentioned in Article 189 above.

Those who, having benefited from an industrial award, have made industrial or commercial use thereof without complying with the provisions of Articles 189, 190 and 198 of Law No. 17-97 concerning Protection of Industrial Property (Article 233).

The counterfeiting of products of the mind is liable to the following penalties:

  • A fine of 120 to 10,000 dirhams (Article 575 of the Criminal Code);
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  • imprisonment for three months to two years and a fine of 500 to 20,000 dirhams for habitual offenders (Article 577 of the Criminal Code);
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  • doubling of the term of imprisonment and the fine and the temporary or permanent closure of establishments operated by the infringer or his accomplices for repeat offences (Article 577 of the Criminal Code);
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  • the penalties may be tripled (Article 64 of Law No. 2-00 on Copyright and Related Rights);
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  • confiscation of sums equal to the proportion of the proceeds derived from illegal reproduction, performance or distribution, as well as confiscation of any equipment specifically installed with a view to illegal reproduction and all infringing copies and objects (Article 578 of the Criminal Code);
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  • publication of the conviction and sentence, in whole or in part, in the newspapers and posting of the conviction on the convicted person's premises, in particular, on the doors of his residence and of any establishment or theatre belonging to him (Article 578 of the Criminal Code);
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  • the counterfeit material or copies, together with the proceeds or portions thereof that have been confiscated, are handed over to the author or his successor in title to indemnify them for the damage suffered; the remainder of the indemnity to which they are entitled, or the entire indemnity if there has been no confiscation of equipment, counterfeit articles or proceeds, gives rise to the award of damages, at the request of the complainant and under the usual conditions (Article 579 of the Criminal Code).

Infringements of the rights of breeders, as defined by Law No. 9-94 on the Protection of New Varieties of Plants, give rise, under that same law, to the following penalties:

  • Without prejudice, where appropriate, to the application of penalties under special laws, in particular those relating to the repression of fraud, any deliberate infringement of the rights of the holder of a new plant variety certificate, as defined in Article 16 of the said law, is punishable by a fine of 3,000 – 30,000 dirhams (Article 73);
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  • whoever makes unlawful use of the status of owner of a new plant variety certificate or an application for such a certificate is liable to a fine of 3,000 to 30,000 dirhams. Repeat offenders may also be sentenced to imprisonment for two months to one year. For the purposes of this Article, a repeat offender is one who has been irrevocably convicted for an identical offence within the previous five years (Article 75).]

[Answer 25 - IP/N/6/MAR/1:

The provisions in force have already been described. Information on the actual duration of proceedings and their cost is not available. ]

Morocco is party to several international agreements on industrial property, including: – The Paris Convention for the Protection of Industrial Property; – the Madrid Agreement Concerning the International Registration of Marks; – the Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods.

Answer not provided.