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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

MAURITIUS

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Mauritius has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

MAURITIUS

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Mauritius has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

MAURITIUS

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Mauritius has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

MAURITIUS

Since December 2001, last amended in 2021

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Act 44/2001, Information and Communication Technologies Act 2001
According to Art. 24.1 of the Information and Communication Technologies Act, a license for "any service involving the use of information and communication technologies" is mandated in the country. In addition, according to Art. 24.5 the Information and Communications Technologies Authority (ICTA) must take into account “the public interest and the likelihood of unfair practice" for the issuance of the license. It is reported that the lack of precise definitions of the terms “public interest” and “unfair practice” might permit denials on virtually any basis that the ICTA desires. Licences can also be denied based on “any element” of national security, pursuant to Section 24.5b.
Coverage ICT services

MAURITIUS

Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001

Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019

Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. Section 4.2.1 of the Guidelines states that companies or individuals importing certain ICT equipment for commercial purposes are required to ensure that they hold a valid Dealer’s license issued by the ICT Authority. ICT equipment belonging to "List B", "List C", and "List G" require a license. These include IoT network equipment, satellite equipment, mobile phones, wireless telecom equipment, PCs, tablets, and terminal equipment.
Coverage ICT equipment

MAURITIUS

Since December 2001, last amended in 2021
Since October 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Act 44/2001, Information and Communication Technologies Act 2001

Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment
The Guidelines for the Importation and Commercialisation of Refurbished Consumer Grade ICT Equipment are established pursuant to Section 17(3) of the Information and Communication Technologies Act 2001. These Guidelines establish a license requirement to import and sell refurbished ICT equipment. The scope of the Guidelines covers only consumer-grade ICT equipment, that is, ICT Equipment designed, manufactured, marketed and sold for consumers for their personal use.
Coverage Refurbished ICT equipment

MAURITIUS

Since December 2001, last amended in 2021
Since September 2019, entry into force in October 2019
Since September 2019

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Act 44/2001, Information and Communication Technologies Act 2001

Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019

Clearance to Import ICT Equipment Guidelines
Pursuant to Section 17.3 of the Information and Communication Technologies Act 2001 and the Information and Communication Technologies (Clearance to Import ICT Equipment) Regulations 2019, the ICT Authority issued the Clearance to Import ICT Equipment Guidelines, which govern the import of ICT Equipment in Mauritius. ICT equipment belonging to "List B" is subject to a type approval certificate. These include IoT network equipment, satellite equipment, and other telecom equipment.
When applying for type approval, the dealer must specify the type of equipment, make and model of equipment, and operating frequency, and must upload the technical brochure of the equipment and relevant documents certifying that the equipment complies with such standards determined by the Authority, including manufacturer’s Declaration of Conformity, EU-type examination certificate and its annexes as delivered by the Notified Body (an entity designated by the competent authorities of the Member States of the European Union to perform assessment tasks described in the Radio Equipment Directive) involved, and test reports issued by accredited laboratories. The type approval application may then be submitted to the ICT Authority for appropriate onward determination.
Coverage ICT equipment

MAURITIUS

Reported in 2022, last reported in 2024

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is MUR 1000 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). However, this only applies to personal shipments.
Coverage Horizontal

MAURITIUS

Since June 1991
Since December 2001, last amended in 2021
Since August 2001

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Act 1991

Act 44/2001, Information and Communication Technologies Act 2001

Act 23/2000, Electronic Transactions Act
The Consumer Protection Act 1991 provides a comprehensive consumer protection framework that applies to online transactions. In addition, Section 18 of the Information and Communication Technologies Act provides that the Authority can entertain complaints from consumers in relation to any information and communication service in Mauritius and, where necessary, refer them to the appropriate authorities. Moreover, the Electronic Transactions Act includes a number of provisions aimed at protecting consumers who enter into electronic contracts (Part IV).
Coverage Horizontal

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