Article 8
The variety shall be deemed to be uniform if, subject to the variation that may be
expected from the particular features of its propagation, it is sufficiently uniform in its
relevant characteristics.
Article 9
The variety shall be deemed to be stable if its relevant characteristics remain unchanged
after repeated propagation or, in the case of a particular cycle of propagation, at the end of
each such cycle.
Article 10
Any plant variety may be granted a title of protection known as a “plant variety
certificate.”
The right to protection for a variety shall belong to the first to file an application, unless
proved otherwise.
Article 11
A breeder’s right may be applied for by:
–
Moroccan natural and legal persons;
–
foreign natural and legal persons having their place of residence or their registered
offices in Morocco;
–
nationals of States whose legislation affords to Moroccan nationals protection that
is at least equivalent to that provided by this Law and natural and legal persons having their
place of residence or registered offices on the territory of such States.
Article 12
Any breeder who has duly filed an application for the protection of a variety with a
State that affords to Moroccan nationals protection at least equivalent to that provided by this
Law (the “first application”) shall, for the purpose of filing an application for the grant of a
plant breeder’s right for the same variety with the Competent Office (the “subsequent
application”), enjoy a right of priority for a period of 12 months. This period shall be
computed from the date of filing of the first application. The day of filing shall not be
included in the letter.
Article 13
In order to benefit from the right of priority referred to in Article 12 above, the breeder
shall, in the subsequent application, claim the priority of the first application. The Competent