Registered Designs

 Membership of International Conventions:

  • Paris Convention (from 30 July 1917)
  • WIPO (from 27 July 1971)
  • Hague Agreement (from 20 October 1930)

A Moroccan design application also covers Tangier and Western Sahara.

Types of Designs available:

  • Industrial Design

Novelty Requirements:

An industrial design shall have a character of novelty or an individual and novel appearance if the overall visual impression which it arouses in the informed observer differs from that which is produced by any design made accessible to the public by advertising or any other means, before the date of filing or, if occasion arises, before the date of priority validly claimed.

An industrial design shall not be deemed to have been made accessible to the public by the sole fact that, within the twelve months preceding the date of filing, it has appeared for the first time at an official or officially recognised international exhibition organised on the territory of one of the countries of the Paris Convention for the Protection of Industrial Property.

Registrability:

Any set of lines or colours and, as an industrial model, any plastic shape, which may or may not be combined with lines and colours, shall be deemed an industrial design, provided that this set or this shape gives a special appearance to an industrial or craft product and can serve as a model for the manufacture of an industrial or craft product.

The industrial design must be differentiated from similar designs either by a distinct and recognisable configuration conferring upon it a character of novelty, or by one or more external effects giving it an individual and novel appearance.

If the same subject can be deemed both a patentable invention and a novel industrial design and if the elements which constitute the novelty of the industrial design are inseparable from those of the invention, said subject can be protected only in accordance with the provisions applicable to patents.

Industrial designs which are contrary to public policy or morality as well as industrial designs which reproduce effigies, marks, acronyms, names, decorations, emblems, coins and hallmarks indicating control and warranty by the Kingdom of Morocco or other member states of the Paris Convention shall not enjoy the protection provided by the law, unless their use is authorised by the competent authorities.

A single application may have up to one hundred industrial designs provided that said industrial designs belong to the same class of the international classification for industrial designs.

Filing Requirements:

  • Assignment of Priority Rights (notarised) (can be late filed, no set deadline)
  • Drawings or photographs of the design (required on the day of filing)
  • Certified copy of priority document, if priority is claimed with verified French or Arabic translation (can be late filed within three months)
  • Description of the kind of products for which the industrial design is to be used in French or Arabic (required on the day of filing), if not in French or Arabic, then translation must be filed within three months

Substantive Examination:

Yes, but limited substantive examination

Average Period from Application to Registration:

Twelve to eighteen months

Duration and Renewal:

A registered design has an initial term of five years from the filing date, which is extendible upon payment of renewal fees for four further terms of five years each. Renewals must be paid six months prior to the expiry of the design but a six month grace period is provided.

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