MOROCCO
Lysaght offers a complete IP service in this jurisdiction, assisting clients in the registration, renewal, recordal and enforcement of their IP rights.
trade mark information
Types of Trade Mark
Classification
International, Nice Classification;
Multi-class;
Goods and services can be registered;
Specification must be filed in French.
International Arrangements
Convention priority can be claimed.
Renewal
10 years from the filing date and every 10 years thereafter;
A 6 month grace period is available.
Use Provisions
Non-use of a trade mark for a period of 5 years from registration renders it vulnerable to an action for cancellation by third parties.
Patent information
Substantive with or without priority claim;
PCT national phase;
Patent of Addition;
Validation of granted European patents.
Substantive with or without priority claim;
PCT national phase;
Patent of Addition;
Validation of granted European patents.
Types of Patent
20 years from the effective filing date;
Under the new Moroccan Patents Act, it is possible to request an extension of a pharmaceutical patent when the product when the product must be the subject of an application for marketing authorisation.
International Arrangements
Duration
Convention priority can be claimed.
Renewal
Since October 2012, annuities have been payable annually, on each anniversary of the effective filing date of a patent application. However, a new industrial property law (No. 23-13) entered into force in Morocco on 15 January 2015 which amends the previous law, and inter alia, this law stipulates that annuities are only payable after the grant of a patent. Nevertheless, an additional change introduced by the amended law is that Letters Patents will not automatically be issued by the Patent Office upon the grant of a patent, and instead the applicant must file a special request and pay a fee for the issuance of this document. Since it appears that grant will occur relatively quickly after the filing of a patent application, but we will not necessarily receive prompt notification of this from the Patent Office, we consider that the most prudent course of action is to continue to instruct annuity payments on each anniversary of the effective filing date once an application has been filed in Morocco, and at the time of receiving any such annuity payment instruction, our local associate will then check the official database to ascertain whether a patent has yet been granted for that case and so, whether annuities are yet payable.
A 6 month grace period is available.
design information
Types of Design
International Arrangements
Convention priority can be claimed.
Duration
5 years, extensible by two further periods of 5 years each.
Renewal
Renewal fees are payable on the 5th and 10th anniversaries of the filing date. There is a 6 month grace period available.
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