New Plant Varieties

– Law (Dahir) of January 21, 1997, with promulgation of Law No. 9-94 on the Protection of New Plant Varieties, in force since October 28, 2002.
– Application Decree of March 12, 2002, for the application of Law No. 9-94.
– Decree of September 16, 2002.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since October 8, 2006.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since August 14, 2016.

Filing

Applicant: any physical person or corporate body residing or having its seat in Morocco.

Foreigners: nationals and legal entities of another country may obtain plant variety certificates on condition of reciprocity. Non-residents must appoint an agent in Morocco.

Conditions of protection: new plant varieties are registrable if they are distinct, novel, homogeneous and stable. Only varieties belonging to species figuring in the list fixed by the administration can be protected.

Novelty: the plant variety is not novel if reproductive/propagating material, harvest, or transformed products from such a variety has been sold or otherwise delivered licitly by the breeder or his successor or with his consent, to third parties for commercial exploitation, for more than one year in Morocco or more than four years (more than six years in the case of trees and vines) abroad, before the corresponding application in Morocco.

Filing requirements for an application (to be sent to resident agent):
1. Name, address and citizenship of the applicant and breeder;
2. Name of the species;
3. Proposed name of the variety;
4. Origin of the variety, pedigree, obtaining, reproduction and maintenance mode;
5. Priority claim;
6. Specific characteristics of the variety;
7. The genetic origin of the variety;
8. Indication of protection filed/obtained in other countries (variety or trademark Registers), with the mention of the country, year and reference name;
9. Written commitment to submit reproductive or propagation material for examination if needed. The commitment has to be signed by the applicant. The signature must be notarized or legalized at the nearest Moroccan Consulate.

Examination Procedure

Formal examination: the applicant can request the rectification of material errors uncovered in the filed material up until the delivery of the certificate of plant variety. If the application needs to be amended or supplemented, the applicant is given two months to make the necessary amendments.

Publication: the application is published in the Official Bulletin.

Objections: any person having an interest has the right to formulate observations within three months from the publication date. Observations relative to the validity of the right should be brought before the court.

Substantive examination: the plant variety is examined as to its conformity with conditions of protection. If the variety has been examined abroad, the results can be transferred.

Official Publication: a Bulletin is edited twice per year, in April and September.

Office: ONSSA (Office National de Sécurité Sanitaire des produits Alimentaires), located in Rabat, Morocco.

Granting

Beginning of protection: date of filing.

Duration: twenty to thirty years depending on the species. The protection period starts as of the publication date in the Official Bulletin.

Annuities: due every year from the date of grant. Grace period: six months.

Scope of protection: certificate of plant variety confers to its owner an exclusive right to produce, to introduce into Morocco, to sell or to offer for sale all or part of the plant and all elements for reproduction of the variety.

Assignment and granting of licenses: agreements must be in written form to be valid.

Modification of Protection after Registration

Action for revocation: may be initiated before a court by any interested party.

Forfeiture of the certificate of plant variety: on non-payment of an annual fee; if the variety does not fulfill the conditions of stability or homogeneity; if the owner cannot present information, documents or material used for maintaining the variety to the administration.

Compulsory licenses: can be obtained by any person in case of non-working during three years following the delivery of the certificate of plant variety or four years following the filing of the application, or if working has been abandoned for more than three years.