73. Without prejudice, where applicable, to the application of the penalties provided for
by special legislation, in particular legislation relating to the punishment of fraud, any
deliberate infringement of the rights of the owner of a plant breed certificate, as defined in
Article 16 of this Law, shall be punishable by a fine of 3,000 to 30,000 dirhams.
The court may further order the destruction of the infringing product and/or propagating
material.
In case of recidivism, a prison sentence of two months to one year may further be
handed down. For the purposes of this Article, recidivism shall be deemed to occur where,
during the past five years, a sentence handed down against the accused for an identical
infringement has become irrevocable.
74. Public action for the application of the penalties provided for in Article 73 above
may only be brought by the Public Prosecutor’s Office, further to a complaint by the
aggrieved party.
The court hearing the proceedings may only rule once the civil court has ascertained the
extent of the damage by means of a decision which has become final. Any exceptions pointed
out by the defendant for the invalidation of the plant breed certificate or questions relating to
the ownership of the said certificate may only be raised before the civil court.
75. Anyone who unlawfully claims to be the owner of a plant breed certificate or an
application for a plant breed certificate shall be punished by a fine of 3,000 to 30,000 dirhams.
In case of recidivism, the fine may be doubled. For the purposes of this Article,
recidivism shall be deemed to occur where, during the past five years, a sentence handed
down against the accused for an identical infringement has become irrevocable.
Chapter XI
Transitional provisions
76. By way of derogation to the provisions of Article 6 above, varieties which have
been offered for sale, marketed or circulated in Morocco or abroad prior to the entry into force
of this Law may also give rise to a request for protection, during a transitional period of one
year starting with the entry into force of this Law. Where protection is granted, its terms shall
be reduced by the number of full years which have elapsed between the time when the variety
was placed on sale, marketed or circulated for the first time and the time when the request was
made.
The same rule shall apply by analogy to varieties and species recently entered on the list
of species to be protected following the entry into force of this Law.