first application, shall not constitute a ground for rejecting the subsequent application. Nor
shall such events give rise to any third-party right.
14. The variety is also required to be designated by a denomination, which will be its
generic designation. This denomination must not:
(a) be liable to mislead or to cause confusion concerning the characteristics, value or
identity of the variety or the identity of the breeder, or to be confused with another
denomination which has already been filed or registered for a pre-existing variety of the same
botanical species or a similar species;
(b) be contrary to public order, morality or international treaties;
(c) consist solely of figures, except where this is an established practice for designating
the varieties of the species concerned.
Where the same variety has already been filed or registered in another State, the
denomination used must be reproduced, unless it is unsuitable for reasons of a linguistic
nature, public order or morality, or where the denomination does not satisfy the requirements
of the first paragraph above. If this is the case, the breeder must propose another
denomination in the conditions provided for in Article 41 below.
15. A person who offers for sale or markets propagating material for a protected variety
in Moroccan territory must use the denomination of this variety, even after the end of the term
of protection, subject to the rights of third parties.
Prior rights of third persons shall not be affected. If, by reason of a prior right, the use
of the denomination of a variety is prohibited for a person who, in accordance with the
provisions of the first paragraph above, is obliged to use it, the competent authority shall
require the breeder to submit another denomination for the variety.
When a variety is offered for sale or marketed, it shall be permitted to associate a
factory mark or trademark, trade name or similar indication with a registered variety
denomination. If such an indication is so associated, the denomination must nevertheless be
easily recognizable.
Chapter III
Scope of protection
16. The breeder’s right shall cover:
(a) the protected variety;
(b) any variety which is not clearly distinguishable from the protected variety, in
accordance with Article 7 above;
(c) any variety which is essentially derived from the protected variety where the
protected variety is not in itself an essentially derived variety; and
(d) any variety whose production requires the repeated use of the protected variety.
Subject to the provisions of Articles 17 and 18 below, the following acts in respect of
the propagating material of the protected variety and the varieties referred to in the first
paragraph above shall require the authorization of the breeder:
— production or reproduction;
— conditioning for the purpose of production or reproduction;