For entries concerning references following a court judgment which has become final,
the registrar’s office shall send within 15 days of the date of said judgment, to the entity
responsible for industrial property, a complete set of decisions free of charge relating to the
existence, scope and exercise of the rights deriving from the protection granted under this
Title.
The necessary formalities and the documents to be attached to the requests for entries
shall be fixed by regulation.
59. Any interested person may obtain an excerpt from the National Register of Patents.
Subsection II
Compulsory licenses
60. Any person or entity under public or private law may, three years after the patent is
granted or four years after the date on which the patent is applied for, obtain from the court a
compulsory license for such patent, on the conditions provided for in Articles 61 and 62
below, if at the time of the request, and failing legitimate reasons, neither the owner of the
patent or his successor in title:
(a) has begun to work or has made real and effective preparations for working the
invention that is the subject matter of the patent on the territory of the Kingdom of Morocco;
(b) has marketed the product that is the subject matter of the patent in a quantity
sufficient to meet the needs of the Moroccan market; or
(c) where the working or marketing of the patent in Morocco has been abandoned for
more than three years.
61. Applications for compulsory licenses shall be lodged with the court. They must be
accompanied by proof that the applicant has not been able to obtain from the patent owner a
license to work by mutual agreement, in particular on reasonable commercial conditions and
arrangements, and that he is capable of working the invention in such a way as to meet the
needs of the Moroccan market.
62. Compulsory licenses may only be non-exclusive.
All compulsory licenses must be granted primarily to supply the Moroccan market.
They shall be granted on conditions set by the court, in particular with regard to their
duration and scope, which shall be limited to the purposes for which the licenses have been
granted as well as the amount of royalties to which they give rise. Such royalties shall be
fixed on a case-by-case basis, taking into consideration the economic value of the license.
These conditions may be amended by the court at the request of the patent owner or
licensee.
63. Where the circumstances which led to the granting of the compulsory license no
longer obtain and will in all likelihood not recur, the license to work may be withdrawn on the
condition that licensees’ legitimate interests are adequately protected. The court may review,
upon the substantiated request of any party having an interest therein, whether these
circumstances still obtain.
Where the holder of a compulsory license does not meet the conditions on which the
license has been granted to him, the patent owner and, where applicable, the other licensees,
may petition to have the court withdraw this license.