Database

Browse Database

MOROCCO

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the National Agency of Telecommunications Regulation (ANRT), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

MOROCCO

Since March 2016

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Decree No. 2-15-712 on the Protection of Sensitive Information Systems and Infrastructures of Vital Importance (Décret No. 2-15-712 du 12 Joumada II 1437 (22 Mars 2016) Fixant le Dispositif de Protection des Systèmes d'Information Sensibles des Infrastructures d'Importance Vitale)
According to Art. 9 of Decree No. 2-15-712, companies and organisations operating in sectors of vital importance and using data deemed sensitive must host their infrastructure and digital databases on Moroccan territory. The concerned entities are defined as those that undertake activities related to the production or distribution of "goods and services essential to the satisfaction of the basic needs for the life of the populations or to the maintenance of the security capacities of the country". It is reported that a detailed list of sensitive infrastructure is kept secret by the government, and its content is reviewed at least once a year.
Coverage Critical infrastructure

MOROCCO

Since February 2009

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data (Loi No. 09-08 Relative à la Protection des Personnes Physiques à l'égard du Traitement des Données à Caractère Personnel)
According to Art. 43 of Law No. 09-08 on the Protection of Individuals with Regard to the Processing of Personal Data, the transfer of personal data to a foreign country is only allowed if the country offers an adequate level of protection of the privacy and fundamental rights and freedoms of individuals. In the Decision No. 236-2015 of 18 December 2015, the Moroccan data protection authority (CNDP) recognised the following countries as offering an adequate level of data protection: Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
The transfer of personal data to a country that does not provide an adequate level of data protection is only allowed subject to certain conditions, including the express consent of the data subject or if the transfer is necessary to safeguard the data subject's life, to safeguard the public interest, to comply with judicial obligations, for the performance of a contract between the controller and the data subject or pre-contractual measures taken at the request of the latter. Personal data may also be transferred if the transfer is carried out pursuant to a bilateral or multilateral agreement to which Morocco is a party, or with the express and reasoned authorisation of the CNDP when the personal data processing guarantees a sufficient level of protection of privacy and the fundamental rights and freedoms of individuals, in particular, because of the contractual clauses or internal rules to which it is subject.
Coverage Horizontal

MOROCCO

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Morocco has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

MOROCCO

Since August 2016

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 88-13 relating to the press and publishing promulgated by Decree No. 1-16-122 of 10 August 2016 (Dahir No. 1-16-122 du 6 Kaada 1437 (10 Août 2016) Portant Promulgation de la Loi No. 88-13 Relative à la Presse et à l'Édition)
Law No. 88-13 relating to the press and publishing promulgated by Decree No. 1-16-122 of 10 August 2016 (Dahir No. 1-16-122 du 6 kaada 1437 (10 août 2016) portant promulgation de la Loi No. 88-13 relative à la presse et à l'édition)
Coverage Online newspapers

MOROCCO

Since February 2000, last amended in February 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Law Law No. 17-97 of February 2000, last amended by Law No. 31-05 of 14 February 2006 (Dahir No. 1-00-91 du 9 Kaada 1420 (15 février 2000) Portant Promulgation de la Loi No. 17-97 Relative à la Protection de la Propriété Industrielle)
Art. 4 of Law No. 17-97 on the protection of industrial property requires natural or legal persons who do not have a domicile or headquarters in Morocco or do not have an industrial or commercial establishment in Morocco to elect an address for service with a representative domiciled or having his headquarters in Morocco who will effect on their behalf any acts before the body responsible for industrial property. However, resident nationals and foreigners habitually residing in Morocco, whether natural or legal persons, are at liberty to personally file their applications for an industrial property title or use a representative at their discretion.
Coverage Horizontal

MOROCCO

Since October 1999

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Morocco is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

MOROCCO

Since February 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 2-00 on Copyright and Related Rights, 15 February 2000 (Loi No. 2-00 relative aux droits d'auteur et droits voisins (promulguée par Dahir No. 1-00-20 du 9 Kaada 1420 (15 février 2000), telle que modifié par la loi No. 34-05))
Morocco has a copyright regime under the Copyright Act of 2014. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 54 lists the exceptions, which include reproduction for scientific research purposes, reproduction as part of teaching activities, and reporting current events, among others.
Coverage Horizontal

MOROCCO

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that inadequate intellectual property protection and enforcement in Morocco continues to be an area of concern. Morocco continues to be a thriving market for counterfeit products and faces challenges with digital piracy. Furthermore, it is reported that stakeholders continue to report notable levels of piracy through Illicit Streaming Devices and illicit Internet Protocol television apps in the country. This is despite Arts. 61-65 of Law No. 2-00 on Copyright and Related Rights, last amended and supplemented by Law No. 34-05 of 2006, are devoted to punitive measures against piracy and other copyright offences, and Morocco signed the Anti-Counterfeiting Trade Agreement (ACTA), which aims at raising the standard for intellectual property rights enforcement internationally.
Coverage Software

MOROCCO

Since July 2011

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

MOROCCO

Since July 2011

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
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[{"post_id":"70437"},{"post_id":"70438"},{"post_id":"70439"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'MA')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
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ITA: [{"meta_value":"0.50"}]

MOROCCO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
2.50%
Coverage rate of zero-tariffs on ICT goods (%)
63.31%
Coverage: Digital goods

MOROCCO

Since February 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Law No. 2-00 on Copyright and Related Rights, 15 February 2000 (Loi No. 2-00 relative aux droits d'auteur et droits voisins (promulguée par Dahir No. 1-00-20 du 9 Kaada 1420 (15 février 2000), telle que modifié par la loi No. 34-05))
Morocco does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to trade secrets. According to Art. 3 of Law No. 2-00 on Copyright and Related Rights, protected literary and artistic works include computer programs. A “computer program” is defined in Chapter I of the Law as a series of instructions expressed in words, codes, diagrams, or any other form which, once they are incorporated in a carrier that a machine can decipher, are able to accomplish a particular task or obtain a specific result, using a computer or an electronic method able to process the information.
Coverage Horizontal

MOROCCO

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the ITA Expansion Agreement (ITA II)
Morocco is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

MOROCCO

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Government Circular No. 15/2020 issued on 10 September 2020 Calling for the Application of the Domestic Preference and Encouraging the Use of Made in Morocco Products in Public Procurement (Circulaire No. 15-20-Cab du 21 Moharrem 1442 (10 Septembre 2020) sur l'Opérationnalisation de la Préférence Nationale et à Encourager les Produits Marocains, dans le Cadre des Marchés Publics)
Circular No. 15/2020 calls for the application of domestic preferences and encourages the sourcing of made-in-Morocco products in public procurement by ministerial departments and public establishments.
Pursuant to the Circular, public entities are required to limit the use of supplies and services provided by foreign companies in order to encourage the consumption of Moroccan products. Moroccan public purchasers may, however, deviate from this requirement if no Moroccan product complies with the required technical specifications. Furthermore, the companies participating in public procurement contracts that intend to use foreign-imported products should produce a certificate of proof that there are no national products that meet the required standards.
Coverage Horizontal

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