Chapter IX
Miscellaneous provisions
58. The competent authority shall keep a National Register of Applications for Plant
Breed Certificates and a national register of plant breed certificates.
The related applications shall be recorded in the National Register of Applications for
Plant Breed Certificates in chronological order.
The said register shall also contain supplementary indications or information relating to
each application for a certificate, the list of which shall be fixed by regulation.
Plant breed certificates shall be entered in the National Register of Plant Breed
Certificates in the order in which they are issued.
The list of supplementary indications or acts to be entered in the said Register shall be
fixed by regulation.
For entries concerning supplementary references further to a court decision, the court
shall send the competent authority a complete set of decisions free of charge relating to the
existence, scope and exercise of the rights deriving from the protection provided for under this
Law.
59. The authority shall publish a “journal for the protection of plant varieties”.
The frequency and content of the journal shall be fixed by regulation.
Acts concerning the grant of the certificate, the transfer of ownership, the grant of the
license for use or an encumbrance, relating to a plant breed certificate, forfeiture of such
certificate, or waiver in full or in part of the rights deriving from said certificate shall only be
binding on third parties if they have been duly published in the journal for the protection of
plant varieties.
60. A decree, enacted in accordance with the provisions of the first paragraph of Article
17 of the Organic Law on Finance enacted by means of Dahir No. 1–72–260 of 9 chaabane
1392 (September 18, 1972), shall fix the fees for the services rendered by the State for the
application of this Law and its enabling texts.
Chapter X
Legal proceedings
61. If a plant breed certificate has been applied for, either for a plant variety unlawfully
taken from the person who has bred or discovered and developed a plant variety or from his
successors in title, or in violation of a legal or treaty obligation, the aggrieved party may apply
to the competent court to claim ownership of the application for the plant breed certificate or
granted certificate.
The action claiming ownership shall be statute-barred after three years following
publication of the notice of grant of the certificate.
However, where bad faith at the time of the grant or acquisition of the certificate is
proved, the statute-barring period shall be three years following the expiry of the said
certificate.
As from the day on which a person has provided proof that he has brought an action
claiming ownership, the owner of the application for the certificate or the certificate may not
withdraw said application or withdraw from said certificate, in full or in part, without the
written consent of the person who has brought said action.