Question 1

Can I protect a product's shape if the shape makes the product work better?

Accepted Answer

No. Under Article 108 of Loi 17-97, if the elements constituting the novelty of the design are inseparable from a patentable invention (i.e., the shape is purely functional), the object can only be protected under patent law, not as an industrial design.

Question 2

How long does an industrial design registration last in Morocco?

Accepted Answer

According to Article 122, the initial registration is valid for five (5) years. It can be renewed for four additional five-year periods, offering a maximum total protection period of twenty-five (25) years, as specified in Article 129.

Question 3

Can I file multiple designs at once to save money on official fees?

Accepted Answer

Yes. Article 114 allows for a multiple deposit of up to one hundred (100) designs or models in a single application, provided that all the designs belong to the exact same class under the international classification for industrial designs.

Question 4

I want to protect my fashion collection, but I don't want my competitors to see the designs on the OMPIC registry before the season launches. What can I do?

Accepted Answer

You can request a "deferment of publication" at the time of filing. Under Article 132 of Loi 17-97, OMPIC will keep your design dossier strictly confidential for a maximum period of eighteen (18) months, giving you time to manufacture and launch without fear of early copying.

Question 5

I live abroad. Can I file a design application directly with OMPIC?

Accepted Answer

No. Article 4 of Loi 17-97 mandates that foreign individuals and companies without a domicile or registered office in Morocco must appoint a local representative (mandataire), such as a qualified Moroccan attorney, to handle all procedures and correspondence with OMPIC on their behalf.

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