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Custom Recordal of IPRs in Morocco

Morocco

Custom Recordal of IPRs
Yes
No
Yes
The laws are as follows:
  • The Law No. 2-00 on Copyright and Related Rights as amended in 2006 (French and Arabic); and
  • The Law No. 23-13 amending and supplementing Law No. 17-97 on the Protection of Industrial Property (promulgated by Dahir No. 1.14.188 of 27 muharram 1436 (November 21, 2014)).
Custom Recordal of IPRs is effective both on the import and export of goods.
It is duty of the customs to undertake a thorough check of the nature of goods surpassing the borders that may possibly violate the law.
The IP rights holder who wishes to record the actual property right with the customs department may do so by making a written application requesting the customs to take appropriate steps on finding the goods, which are of susceptible nature. However, the customs may also take action without the lodging of a formal application.
The IP right holder should, while making an application, submit the details of the IP rights in question to ascertain the rights of each party, the evidence of any goods that are expected to be imported or exported in the country, and any other evidence, which may help establish the rights of the IP right holder and strengthen his claims over the infringing goods.
Yes
There is no such time period imposed on the customs authority to notify the applicant whether his application has been accepted or rejected. However, where the ex-officio search has been conducted and is pursuant to the provisions within the said act goods of infringing nature of sound, the importer or the consignee as well as the applicant/IP rights holder shall be notified as soon as possible without any delays.
The customs authority has a centralized system.
There is no procedure to record the IP rights with the Customs online.
The request is valid for a period of 01 year or for the remaining period of copyright or neighbouring rights protection if it is less than 01 year.
Yes
The customs suspend the clearance of imported goods upon finding that goods may be in contravention with the laws of intellectual property.
The applicant bears the liabilities and expenses related to the suspension of the release of infringing goods.
Yes
Yes
Yes
The IP rights holder needs to confirm whether the goods are counterfeit or original after the suspension within a span of 10 working days.
Yes
The deadline is of 10 days; however, the same may be extended by reporting some special circumstances.
Yes
The applicant has to deposit with the court the required financial guarantee to prevent abuse and guarantee any damages that the defendant may incur if his claim was not grounded. Therefore, the valuation of or the extent of guarantee/bond is decided on a case-to-case basis.
The customs department, upon finding that the detained or seized goods or infringing of intellectual property rights of the IP rights holder, shall immediately without any delays convey to the importer/exporter and the rights holder that the goods are questionable. It is, thereafter, the responsibility of the IP rights holder to report back to the customs that the goods are not authentic and in contravention of his rights.
Yes, the customs authority invites the rights holder and the importer to join legal proceedings. Failure to do so shall result in the withdrawal of action by the customs.
N/A
No
Yes
Yes; however, the court may require other documents to come to a conclusive stance.
If the court, in its final decision, affirms that the suspect suspended goods are counterfeit or pirated goods, then destruction of these goods should be ordered except in exceptional circumstances. The aforementioned goods shall not, under any circumstances, be subject to re-exportation or to any other customs procedures, other than in exceptional circumstances.
No