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Amendments to Trademark Laws

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Jan 28, 2015 (Newsletter Issue 2/15)
Morocco
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New Law on Industrial Property Issued


A new Industrial Property Law (No. 23-13) has been issued in Morocco to amend the law (No.17/97) related to Industrial Property. The said Law entered in force on December 18, 2014 and provides for the protection of industrial property rights in accordance with international standards in the field of industrial property. The new Law entered into force on the date of publication in the Official Gazette on January 15, 2015.

The new Law aims to strengthen the protection of industrial property taking into consideration the continuous change that characterized the protection of the rights related to industrial property. Main features of the new Law are summerized as follows:

- Prior substantive examination for trademarks, designs and patents applications is now required.
- A new opposition procedure entered into effect.
- The Customs administration is now entitled to block suspected counterfeited goods not only for importation but also for exportation and in transit.
- It will now be possible to file divisional applications either for patents, trademarks and designs and models, possibility to delay the disclosure of a design & model.
- Licensing and assignments allowed for pending applications.
- New duration of design & model rights.
- It will be possible to any interested third parties to oppose a trademark on absolute grounds, calculation of deadlines before the PTO.

Moreover, major changes were made regarding the improvement of the invention patent system, the consolidation of the national trademark system, the reform of the national system of industrial designs and the enforcement of IP rights.

Source: JAH & Co. IP, Qatar and www.agip.com