TITLE IX

TRANSITIONAL PROVISIONS

234. This Law shall enter into force six months after publication of the texts adopted
for its application and shall repeal all previous provisions relating to the same subject, in
particular the Dahir of 21 chaabane 1334 (June 23, 1916) on the Protection of Industrial
Property, the Law of 9 chaabane 1357 (October 4, 1938) on the Protection of Industrial
Property in the zone of Tangiers, and the Dahir of 10 rajeb 1359 (August 14, 1940) on the
Grant of Invention Patents of Interest to National Defense, as amended and supplemented.
235. Rights acquired prior to the date of the entry into force of this Law shall be
maintained for the term of protection remaining, subject to the following provisions.
236. Applications for invention patents and certificates of addition deriving from the
said patents filed before the date of the entry into force of this Law, in accordance with the
provisions of the aforegoing Dahir of 21 chaabane 1334 (June 23, 1916) and the Law of 9
chaabane 1357 (October 4, 1938) shall be examined and the corresponding titles shall be
granted in accordance with the provisions and formalities provided for by said Dahir and said
Law.
Applications to register utility models filed before the date of the entry into force of this
Law in accordance with the provisions of the aforegoing Law of 9 chaabane 1357 (October 4,
1938) shall be examined and the corresponding titles shall be granted in accordance with the
provisions and formalities provided for by said Law.
The said applications shall come into force as from the date of their filing.
237. The invention patents and certificates of addition deriving from the said patents,
granted in accordance with the provisions of the aforegoing Dahir of 21 chaabane 1334 (June
23, 1916) and the Law of 9 chaabane 1357 (October 4, 1938), as well as the utility models,
industrial designs and factory marks or trademarks, filed and registered in accordance with the
provisions of said Dahir and said Law, shall come into force throughout the territory of the
Kingdom, as from the date of the entry into force of this Law.
238. Marks protected by priority of use in accordance with the provisions of the
aforegoing Dahir of 21 chaabane 1334 (June 23, 1916) and the provisions of the aforegoing
Law of 9 chaabane 1357 (October 4, 1938), without having been filed and registered under
the provisions of the said Dahir and the said Law, shall be maintained in force provided that
they give rise, within six months as from the date of entry into force of this Law, to filing of
an application for registration, which is effected in accordance with the provisions of this
Law.
239. The extension of the rights deriving from industrial property titles throughout the
territory of the Kingdom shall benefit license owners, unless contractually stipulated
otherwise.
Failing an agreement between the owners of said titles and the licensees, any legal
dispute shall be submitted to the court.

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