Industrial Designs

– Federal Law No. 11 of 2021 on the Regulation and Protection of Industrial Property Rights, in force since November 30, 2021.
– Executive Regulations of Federal Law No. 11 of 2021, in force since June 12, 2022.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since September 24, 1974.
– WTO’s TRIPS Agreement, since April 10, 1996.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since September 19, 1996.

Filing

Applicant: the inventor or his rightful heir, the employer if the design has been obtained through carrying out a joint venture or employment contract; the assignee if the invention has been assigned by an agreement.

Definition: an industrial design should meet the requirement of worldwide novelty and be used as an industrial or handicraft product. Novelty grace period: one year.

Multiple designs: an application may cover several designs, provided that they relate to the same class of the international classification.

Filing requirements for an application (to be sent to resident agent):
1. A power of attorney from the applicant, notarized;
2. An extract from the Commercial Register or an extract from the Memorandum of Association if the applicant is a company or body corporate, notarized;
3. 1 copy for a two-dimensional design, or 1 copy of each view if three-dimensional;
4. The deed of assignment, signed by the inventor if the applicant is not the inventor, notarized;
5. A certified copy of the priority application giving the filing date, number and country, if the application is to be filed with a priority claim.

For a change of name or address:
1. Power of attorney, notarized;
2. Change of name or address certificate, notarized.

Electronic filing: available.

Granting and Protection

Examination: formal and as to novelty.

Duration of protection: maximum twenty years, calculated from the national filing date of the application.

Annuities: have to be paid on the anniversary of the national filing date of the application.

Annuity grace period: total six months from the due date (first three months without surcharge and latter three months with a surcharge for each month). It is no longer possible to pay the annual fees in advance to cover the whole or a part of the validity period. It has to be paid yearly. Non-payment of annuities within the grace period will result in lapse of the application. However, the design application can be restored upon payment of restoration fees of U.S.$ 1,330.

Effects of a design registration: the owner of an industrial design registration has the right to prevent others from using the design in manufacturing any product, importing or selling any product relating to his registered industrial design.

Prior use: is recognized and the prior user has the right to continue using it. But this right is not transferable except as part of the beneficiary business concern.

Opposition – cancellation: not provided for after registration.

Licensing: possible; effective against third parties only after its registration and publication in the Official Gazette. Multiple licensing is possible.

Seizure: the owner is entitled to ask the competent court to issue a precautionary seizure order on the patent, model, industrial design or the business establishment which uses or exploits any of the said types of industrial property.

Penalties: whoever submitted forged documents in order to obtain a patent or whoever imitated an invention, method of manufacture, element of know-how, model, industrial design, or any right protected under the law, shall be penalized by imprisonment of not less than three months and not more than two years and a fine of not less than 5,000 Dirhams or either of the two penalties.