Legal framework overview

Morocco’s IP regime is centred on a unified industrial property law, complemented by specific regulations, in particular:

• Industrial Property Law (Law No. 17-97, as amended by Law No. 23-13, 2014);

• Implementing Decree (Decree No. 2-00-368);

• Copyright and Related Rights Law (Law No. 2-00, as amended in 2016);

• Provisions on trade secrets and unfair competition.

The competent IP authority is OMPIC (Office Marocain de la Propriété Industrielle et Commerciale), which is responsible for patents, trade marks, industrial designs, commercial registers and IP awareness and training activities.

Morocco is a contracting state of WIPO, the PCT, the Madrid System, the Hague Agreement, the Paris Convention, TRIPS and is an EPO extension state.

International cooperation and regional alignment

• Member of WIPO, PCT, Madrid System, Hague System, Paris Convention, TRIPS;

• Has established a patent extension system with the EPO (Morocco–EPO Agreement 2015), allowing EPO-granted patents to take effect in Morocco;

• Active participant in NAIPO (African Intellectual Property Network) and the Arab IP organization and networks (including AIPO-type cooperation frameworks);

• Cooperates with EUIPO via shared databases such as TMview and DesignView for trade marks and designs;

• Implements a national IP strategy under “Vision Propriété Industrielle 2030”, launched in 2020, to promote innovation, competitiveness and IP enforcement.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with OMPIC in Morocco; or

• Morocco may be designated through the Madrid System (Madrid Protocol) as part of an international registration.

Classification

• Uses the Nice Classification for goods and services;

• Supports both single-class and multi-class applications.

Examination procedure

• Formal examination: usually around 1 month;

• Substantive examination: typically around 6–9 months, depending on complexity;

• Opposition period: third parties may file oppositions within 2 months from the date of publication.

Use and renewal

• Initial registration term: 10 years, renewable indefinitely for further 10-year periods;

• Non-use for 5 consecutive years may lead to cancellation on grounds of non-use.

Examination features

• Examination languages: French or Arabic (applicant may choose);

• Substantive review focuses on distinctiveness, earlier conflicting rights and public order / morality;

• Protection is available for service marks, certification marks and collective marks in addition to standard trade marks;

• Key procedures (filing, renewals, recordals, some oppositions) can be carried out via the DirectInfo / e-OMPIC portal.

Patent system

Types and terms of protection

• Invention patents (Brevet d’invention): protection for up to 20 years from the filing date, subject to annual renewal fees;

• Utility models (Modèle d’utilité): protection for up to 10 years from the filing date.

Examination mechanism

• Invention patents are subject to full substantive examination by OMPIC;

• A request for substantive examination must generally be filed within 3 years from the filing date;

• Average examination timeframe is typically around 24–36 months, depending on the technical field and workload.

International routes

• Morocco has been a PCT contracting state since 1999, allowing international applications to enter the national phase;

• Since 2015, EPO-granted European patents may be extended to Morocco and acquire effect there under the EPO extension system;

• Applicants can design combined strategies using national filings, PCT national phase entry and EPO extension to secure broad protection.

System features

• Examination languages: French or Arabic;

• “First-to-file” principle applies;

• Annual renewal fees are payable each year to keep patents in force;

• Examination is particularly strict in fields such as pharmaceuticals and chemistry, and OMPIC cooperates with EPO in using shared prior-art databases and search tools.

Industrial design protection

Legal basis

• Industrial design protection is governed mainly by Law No. 17-97, Book III (Industrial Property Law).

Scope of protection

• Protects the appearance of a product, including its shape, contours, lines, patterns, colours, ornamentation and their combinations;

• Covers designs applied to industrial products as well as handicraft works.

Term of protection

• Initial term of 5 years from the filing date, renewable for further 5-year periods up to a maximum of 25 years.

Examination procedure

• Typical examination timeframe is around 6–9 months for straightforward cases;

• Examination languages: French or Arabic;

• Focus is on formal requirements and basic novelty criteria; creative merit is usually assessed in invalidation or enforcement proceedings rather than at the registration stage.

System features

• One registration is effective throughout the entire territory of Morocco;

• Multiple designs may be included in a single application when legal conditions are met;

• Since 2013, applicants can also seek protection via the Hague System for the international registration of industrial designs, designating Morocco among other contracting parties;

• OMPIC provides online filing and management tools through its e-Services / Designs Portal.