(a) “variety” means a plant grouping within a single botanical taxon of the lowest
known rank, which grouping, irrespective of whether the conditions for the grant of a
breeder’s right are fully met, can be:
— defined by the expression of the characteristics resulting from a given genotype or
combination of genotypes;
— distinguished from any other plant grouping by the expression of at least one of the
said characteristics and
— considered a unit with regard to its suitability for being propagated unchanged.
(b) “propagating material for the production of plants”:
— propagating material such as seeds and fruit;
— plant propagating material such as plants or parts of plants, cuttings, tubers, bulbs,
rhizomes.
(c) “breeder” means:
— the person who bred, or discovered and developed, a variety;
— the person who is the employer of the aforementioned person or who has
commissioned that person’s work, unless the contract provides otherwise;
— the successor in title or rightful claimant of the first or second aforementioned
person, as the case may be.
(d) “breeder’s right” means the right of the breeder provided for in this Law.
(e) “competent authority” means the government services defined by regulation for the
application of this Law and its enabling texts.
Chapter II
Conditions of protection
3. The grant of the breeder’s right may not depend on conditions other than those laid
down in Article 5 of this Law, provided that the variety is designated by a denomination in
accordance with the provisions of Article 14 below; that the breeder complies with the
formalities provided for in this Law and its enabling texts; and that he has paid the required
fees referred to in Article 60 below.
4. It shall only be possible to protect varieties belonging to genera and species
contained in a list fixed by the competent authority, which specifies for each genus or species
the elements to which the breeder’s right relates.
5. The breeder’s right shall be granted where, following the prior examination provided
for in Article 50 below, the variety is recognized as new, distinct, uniform and stable.
6. The variety shall be deemed to be new if, at the date of filing of the application for a
breeder’s right, plant propagating material, harvested material or a processed product of the
variety has not been sold or otherwise disposed of to others, by or with the consent of the
breeder, for the purpose of working the variety for more than one year in Morocco, or for
more than four years, or, in the case of trees and vines, for more than six years abroad.
7. The variety shall be deemed to be distinct if it is clearly distinguishable from any
other variety whose existence is a matter of common knowledge at the date of the filing of the
application.