MOROCCO
Since February 2000, last amended in December 2013
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Industrial Property 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 registered office in Morocco, and who do not operate an industrial or commercial establishment there, to elect an address for service with a representative domiciled or established in Morocco. This representative is responsible for carrying out, on their behalf, all acts before the industrial property office. Conversely, resident Moroccan nationals and foreigners habitually residing in Morocco, whether natural or legal persons, are free either to file applications for industrial property titles themselves or to act through a representative, at their discretion.
Coverage Horizontal
MOROCCO
Since October 1999
Pillar Intellectual Property Rights (IPRs) |
Indicator 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, last amended in May 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator 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
Sources
MOROCCO
Reported in 2021, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator 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. Illicit streaming devices (ISDs), also referred to as piracy devices, continue to pose a direct threat to content creators, sports leagues and live performances. Moreover, illicit Internet Protocol television (IPTV) services unlawfully retransmit telecommunications signals and channels carrying copyrighted content via dedicated web portals and third-party applications. Stakeholders continue to report significant levels of piracy through ISDs and illicit IPTV applications in the country.
Coverage Streaming and Internet
Protocol television (IPTV) services
Protocol television (IPTV) services
Sources
- https://web.archive.org/web/20251125151133/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20231203215934/https://www.wipo.int/wipolex/en/text/191413
- https://web.archive.org/web/20251125184449/https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
- https://web.archive.org/web/20231031232751/https://ustr.gov/about-us/policy-offices/press-office/reports-and-publications/2021
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MOROCCO
Since July 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the 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) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Morocco has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
MOROCCO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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MOROCCO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
2.60%
Coverage rate of zero-tariffs on ICT goods (%)
59.14%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
KUWAIT
Since September 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Regulation for Approval of Communication Devices Type
اللائحة اعتماد نوع أجهزة الاتصالات
اللائحة اعتماد نوع أجهزة الاتصالات
Under the Regulation on the Approval of Communication Device Types, Kuwait’s conformity assessment framework aligns with the European documentation model. Pursuant to Art. 4, telecommunications equipment may be imported and placed on the Kuwaiti market provided that it satisfies the prescribed technical requirements: it must not generate electromagnetic disturbances exceeding the specified threshold, nor emit electromagnetic energy at levels that cause electromagnetic interference (EMI) in adjacent devices. In addition, Art. 6 stipulates that compliance with European Union legislation, accompanied by the requisite conformity documentation and the CE marking, may suffice for the type approval process in Kuwait. Also, Art. 8 requires applicants to submit a Declaration of Conformity (DoC), confirming that the equipment meets the relevant technical standards. Nevertheless, the Authority retains the discretionary power to request samples of telecommunications equipment for testing and examination at any stage.
Coverage Telecommunications equipment
Sources
- https://web.archive.org/web/20251209201224/https://www.citra.gov.kw/sites/en/LegalReferences/Regulation_for_Approval_of_Communication_Devices_Type.pdf
- https://web.archive.org/web/20251209201408/https://www.gma.trade/news/kuwait-revises-type-approval-regulations?674078d2_page=191&e27cb8f4_page=190
- https://web.archive.org/web/20251209202010/https://ib-lenhardt.com/type-approval/kuwait
- https://web.archive.org/web/20251209205034/https://dataxinternational.com/type-approval/kuwait/
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KUWAIT
Reported in 2025
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Reported requirement for e-commerce licensing
It is reported that all enterprises, irrespective of their scale, from large corporations to home-based start-ups, must possess either a valid online store licence or a registered commercial licence before engaging in online sales. In addition, partners, including payment gateway providers, are legally prohibited from providing services to businesses that do not hold such licences.
Coverage E-commerce sector
KUWAIT
Since March 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Resolution No. 45/471 of 2023 Promulgating the Instructions Regulating the Electronic Payment of Funds
According to Resolution No. 45/471 of 2023, which promulgates the Instructions Regulating the Electronic Payment of Funds, E-Payment Service Providers (EPSPs) must register and obtain approval from the Commercial Bank of Kuwait (CBK) before commencing operations. The registry includes various minimum capital requirements based on the EPSP classification, which range from KWD 50,000 (approx. USD 162,000) to KWD 250,000 (approx. USD 810,000). These requirements were already mandated under the Resolution No. 44/430 of 2018 of the Central Bank of Kuwait, which has now been repealed by this new resolution.
Coverage E-payment providers
KUWAIT
Reported in 2024
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
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 KWD 100 (approx. USD 320).
Coverage Horizontal
KUWAIT
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Domain Registration Policy
Under the Domain Registration Policy, the ".com.KW" domain name selected must match a part of the registered company name or, alternatively, a registered trademark. The trademark can be from any country and does not need to be valid for Kuwait. As is the case with other third-level domains (domain registrations are at the third level beneath these names: "com.KW", "net.KW", "org.KW"), a local administrative contact is required. If a company holds a matching trademark from anywhere in the world or orders one through a fast-track trademark service, only a local administrative contact is required.
Coverage Horizontal
KUWAIT
Since May 2014, entry into force in June 2014
Since January 2015, entry into force in April 2015
Since January 2015, entry into force in April 2015
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 39 of 2014 on Consumer Protection
قانون رقم 39 لسنة 2014 بشأن حماية المستهلك
Executive Regulations of Law No. 39/2014 on Consumer Protection (issued by Decision No. 27 of 2015 of the Minister of Commerce and Industry
اللائحة التنفيذية للقانون رقم 39/2014 بشأن حماية المستهلك (الصادر بقرار وزير التجارة والصناعة رقم 27 لسنة 2015
قانون رقم 39 لسنة 2014 بشأن حماية المستهلك
Executive Regulations of Law No. 39/2014 on Consumer Protection (issued by Decision No. 27 of 2015 of the Minister of Commerce and Industry
اللائحة التنفيذية للقانون رقم 39/2014 بشأن حماية المستهلك (الصادر بقرار وزير التجارة والصناعة رقم 27 لسنة 2015
The Law on Consumer Protection, together with its Executive Regulations, establishes a comprehensive framework for safeguarding consumer rights, which extends to online transactions. Although the Law on Consumer Protection does not contain a dedicated chapter addressing the entirety of e-commerce, several provisions within the Executive Regulations specifically pertain to this domain. Art. 1.10 of the Executive Regulations stipulates that advertising and selling products via the Internet fall under the scope of Art. 9 of the Law. In adition, Art. 32 authorises businesses operating online to offer promotions, apply discounts, and align their online pricing with that of Western and global digital platforms, subject to prior approval. Regarding the sanctioning regime, Arts. 27 to 32 of the Law on Consumer Protection are likewise applicable to e-commerce activities.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/19926
- https://web.archive.org/web/20241104050941/https://www.unescwa.org/sites/default/files/inline-files/ABLF-2023-consumer-CP-Kuwait-english.pdf
- https://web.archive.org/web/20251209212527/https://unctad.org/page/cyberlaw-tracker-country-detail?country=kw
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KUWAIT
N/A
Pillar Online sales and transactions |
Indicator Ratification of the 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
Kuwait has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
