Kingdom of Morocco
Rabat, May 29, 2007
Circular No. 5051/410
Re:
Copyright and neighboring rights
- Border measures to combat counterfeiting and piracy
Cf:
Law No. 2.00 of February 15, 2000 on Copyright and Related Rights, as
amended and completed by Law No. 34.05 of February 14, 2006 [BO No. 5397
of February 20, 2006]
Under Law No. 34-05, amendments were made to Law No. 2.00 of February 15, 2000
on Copyright and Neighboring Rights concerning, inter alia, the role of the
Department of Customs and Indirect Taxation, as provided for in the fourth part
[articles 61.1 to 61.7] relating to border measures.
These provisions empower the Department of Customs and Indirect Taxation to
suspend, at borders, the free circulation of merchandise suspected of being
counterfeit or pirated, as defined by legislation on copyright and neighboring rights.
With regard to the specific nature of copyright and neighboring rights, procedures
for the application of border measures were coordinated with the Moroccan
Copyright Office (BMDA) with a view to working out specific guidelines in this
respect.
As with the procedures adopted in the field of industrial property, border measures
concerning imports, exports and transit operations may be applied:
-
at the written request of the holder of a copyright or neighboring right or
his authorized representative or by BMDA, pursuant to Article 60 of the said
Law, or;
-
at the initiative of the Department.
The purpose of this circular is to re-examine the legal and regulatory framework for
action by the Department at borders and to provide a road map for such action.
It is hereby stipulated that, subject to the specific characteristics listed below, the
procedures for application are identical to those provided for industrial property in
Circular No. 4994/410 of March 10, 2006.