Legislative Implementation of Flexibilities - Morocco

Title:	Articles 213 to 217 of the Law No. 97-17 on the Protection of Industrial Property of 15/02/2000 as last amended by Law No. 31-05
Field of IP:	Patents
Type of flexibility:	Criminal sanctions for patent infringement
Summary table:

Provisions of Law

213. Any deliberate violation of the rights of a patent owner, as defined in Articles 53 and 54 above, shall constitute infringement and shall be punishable by two to six months' imprisonment and a fine of 50,000 to 500,000 dirhams, or by only one of these two penalties.

In the case of recidivism, the penalties may be doubled.

Recidivism shall be deemed to have occurred under this Article where a conviction for identical acts handed down against the accused within the past five years has become irrevocable.

The court may also order the destruction of the known infringing articles which are the property of the infringer, as well as that of the devices or means specifically intended for carrying out the infringement.

214. Those who have knowingly received, displayed, placed on sale or sold, introduced or exported known infringing goods, shall be liable to the same penalties as the infringers. The same shall apply to any assistance knowingly provided to the author of the offenses referred to above.

215. The penalties provided for under Articles 213 and 214 above shall be increased to six months to two years' imprisonment and a fine of 100,000 to 500,000 dirhams, or to only one of these two penalties, if the infringer is a salaried employee who has worked in the workshops or in the establishment of the patent.

Salaried workers who have associated themselves with the infringer after giving him information on the processes described in the patent shall be liable to the same penalties.

Salaried employees may be prosecuted in accordance with the provisions of Article 447 of the Penal Code.

216. Without prejudice to the penalties provided for by special laws, the following shall be punishable by a fine of 50,000 to 500,000 dirhams: those who, either through speeches or conferences in public places or meetings, or through writings, leaflets sold or distributed, placed on sale or displayed in public places or meetings, either through signs or posters in the public eye, have provided all information, indications or descriptions of any kind concerning invention patents or certificates of addition deriving from a main patent, or layout designs (topographies) for integrated circuits, a request for which has been filed by them or by another party, but which have not yet been issued.

In the case of recidivism, a sentence of three months to two years' imprisonment shall be handed down, in addition to the fine.

217. Without prejudice, where applicable, to the more stringent penalties concerning violations of State security, anyone who knowingly infringes one of the prohibitions laid down in Article 42 above shall be punishable by a fine of 100,000 to 500,000 dirhams. Where the violation is detrimental to national defense, a sentence of one to five years' imprisonment may also be handed down.