In Morocco, protecting intellectual property (IP) is a major concern for businesses. It is primarily overseen by two key organizations:
- The Moroccan Office for Industrial and Commercial Property (OMPIC), which is responsible for patents, trademarks, service marks, industrial designs, and also maintains the Central Trade Register.
- The Moroccan Copyright Office (BMDA), formerly ONDA, which manages copyright and related rights (rights of performers, phonogram and videogram producers, and audiovisual communication companies).
Businesses must have a clear understanding of the protections offered by Moroccan legislation and the necessary registration procedures to secure their intangible assets.
Trademarks and Trade Names
A trademark (name, logo, slogan, etc.) can be registered with OMPIC for a protection period of 10 years, renewable indefinitely. Before filing, it is highly advisable to conduct a prior art search (e.g., through OMPIC's search services) to ensure the trademark's availability. In case of litigation, it is useful for contracts, invoices, or purchase orders to clearly state trademark ownership. Trademark infringement is a criminally punishable offense. It's worth noting that OMPIC also manages the Trade Register (RC), thus linking company registration to certain industrial property formalities.
Patents of Invention
Law No. 17-97 on the protection of industrial property grants 20 years of protection for patents of invention from their filing date. Morocco is a member of the Paris Convention, meaning it recognizes the right of international priority: an inventor who has filed a patent application in another member country has a one-year period to extend their application to Morocco while retaining the initial filing date. Patent applications are filed with OMPIC, which conducts a local examination. Inventions made by employees within the scope of their employment contract may, under certain conditions, belong to the company.
Industrial Designs and Models
Aesthetic creations, such as product design, can be protected as industrial designs and models. Registration is also done with OMPIC and provides protection for 5 years, renewable four times consecutively (i.e., a maximum protection of 25 years). This registration grants an exclusive right to reproduce and exploit the design or model.
Copyright and Software
Copyright protects original works of authorship (literary, artistic, musical, etc.) from the moment of their creation, without mandatory registration formalities. Morocco has ratified the Berne Convention for the Protection of Literary and Artistic Works. However, to facilitate proof of ownership in case of a dispute, voluntary registration can be made with the BMDA (in accordance with Law No. 2-00 on copyright and related rights). Computer software benefits from a specific protection regime, generally falling under copyright, although some aspects may relate to industrial property.
Protection Measures and Sanctions
It is crucial to include clear intellectual property clauses in commercial contracts, particularly licensing, franchising, or publishing agreements. These clauses should address ownership of rights to results, know-how transfers, and possibly non-compete clauses. They should also provide for dispute resolution mechanisms (arbitration clauses or jurisdiction clauses). In case of infringement, OMPIC can be seized and collaborates with police and customs authorities to intercept illicit goods. Moroccan legislation provides for criminal sanctions, including fines and imprisonment, for IP rights violations.
In summary, any business operating in Morocco should adopt a proactive strategy to protect its intellectual property assets, notably through formal registration of its trademarks and patents with OMPIC. It is also essential to include protective clauses in contracts and to ensure not to infringe on the rights of third parties (e.g., by conducting prior art searches and obtaining necessary licenses). Moroccan case law also recognizes recourse to arbitration for IP disputes. For more on resolving business disagreements, see our guide on commercial dispute resolution in Morocco.
For a broader perspective on the legal requirements for investing in Morocco, our main guide, Legal Framework for Doing Business in Morocco: An Investor's Guide, is an excellent resource.