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, February 2000, last amended and supplemented by Law No. 34-05 (promulgated by Decree No. 1-05-192 of February 14, 2006)
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 can be deciphered by a machine, 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
Since July 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the 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
MOROCCO
Reported in 2018 and 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Inadequate enforcement of copyright online
It is reported that the rate of unlicensed software installation in the country was 64% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of USD 52 million. Concerns about weak copyright enforcement in Morocco are also raised in more recent reports, which cite the country as a thriving market for counterfeit and pirated goods, particularly unlicensed software. 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 offenses, 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 February 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 2-00 on Copyright and Related Rights, February 15, 2000
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; reporting current events; among others.
Coverage Horizontal
MOROCCO
Since October 1999
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Morocco is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
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 February 14, 2006
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 August 2016
Pillar Foreign Direct Investment 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 August 10, 2016
Pursuant to Art. 15 of the Law No. 88-13, any periodical writing, electronic journal or any other electronic medium of the press must have a director of publication and, in Art. 16 (1), it is required that the Publication Director should be of Moroccan nationality and domiciled in Morocco. The law also recognizes electronic newspapers as a part of press and publishing.
Coverage Online newspapers
MOROCCO
Since September 2020
Since 2013, last amended in 2019
Since 2013, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in 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
Decree No. 2-19-69 of May 24, 2019 amending and supplementing Decree No. 2-12-349 of March 20, 2013 relating to public procurement
Decree No. 2-19-69 of May 24, 2019 amending and supplementing Decree No. 2-12-349 of March 20, 2013 relating to public procurement
Circular No. 15/2020 makes some provisions of Decree No. 2-19-69 mandatory. These are: Art. 155 that provides a margin of preference for domestic companies of 15%. When there is a joint venture arrangement comprising an international and domestic firm, the 15% margin is applicable only to the share of foreign companies in the overall amount of the group's offer. It is reported, while the possibility to grant national preference was already foreseen in earlier public procurement legislation (Decrees of 1998, 2007, and 2013), it was de facto rarely applied.
Moreover, Art. 156 that requires a reservation of 30% of the contracts for domestic SMEs, cooperatives, cooperative unions, and self-employed entrepreneurs, while previously it was 20%.
Moreover, Art. 156 that requires a reservation of 30% of the contracts for domestic SMEs, cooperatives, cooperative unions, and self-employed entrepreneurs, while previously it was 20%.
Coverage Horizontal
Sources
- https://trade.ec.europa.eu/access-to-markets/sl/barriers/details?isSps=false&barrier_id=13048
- https://www.lexology.com/library/detail.aspx?g=cf9d685f-cd8a-4fe8-99cc-b4f2a39d122f
- https://www.twobirds.com/en/insights/2020/france/le-maroc-developpe-la-preference-nationale-pour-ses-contrats-publics-et-contrats-ppp
- https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=76415
- https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/109523/135896/F-643170276/MAR-109523.pdf
- http://bdj.mmsp.gov.ma/Medias/Uploaded/files/circulaire%2015-2020.pdf
- Show more...
MOROCCO
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Morocco is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
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
Circular No. 15/2020 issues on 10 September 2020 calls for the application of the domestic preferences and encouraging 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.
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
Sources
- http://bdj.mmsp.gov.ma/Medias/Uploaded/files/circulaire%2015-2020.pdf
- https://trade.ec.europa.eu/access-to-markets/sl/barriers/details?isSps=false&barrier_id=13048
- https://www.lexology.com/library/detail.aspx?g=cf9d685f-cd8a-4fe8-99cc-b4f2a39d122f
- https://www.twobirds.com/en/insights/2020/france/le-maroc-developpe-la-preference-nationale-pour-ses-contrats-publics-et-contrats-ppp
- Show more...
MOROCCO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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 ITA agreement I of 1996. The country is however not signatory to its expansion (ITA II) in 2015.
Coverage ICT goods
MOROCCO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on 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
JAMAICA
Since 2006
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Jamaica has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
JAMAICA
N/A
Pillar Online sales and transactions |
Sub-pillar 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
Jamaica has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal