Articles 29, 62, 64 and 65 of the aforementioned Law No. 2‐00 are amended and
supplemented as follows:
Term of protection
for works of applied art
Article 29 – Works of applied art shall be protected for 70 years from the end of the
calendar year of the first authorized publication or, if such an authorized publication has
not has not happened in the 50 years following the creation of the work, 70 years from the
end of the calendar year when the work was created.
Article 62 ‐ The owner of any right protected under this Law whose right has been
infringed shall be entitled to payment, by the infringer, of damages for the prejudice
suffered as a consequence of the act of infringement.
The amount of damages shall be fixed in keeping with civil law, taking into account the
importance of the material and moral prejudice suffered by the owner of the right, as well
as the importance of the infringer’s profits attributable to the infringement.
The owner of the right has the possibility of choosing between damages effectively
sustained, plus any profit resulting from the prohibited activity that has not been taken
into account in the calculation of those damages, or the pre‐established damages of
between five thousand (5,000) dirhams and twenty five thousand (25,000) dirhams, as
deemed equitable to repair the prejudice suffered.
At the end of the civil proceedings, the court that tried the case may order the
unsuccessful party to reimburse reasonable costs for legal fees incurred by the other party.
Where infringing copies exist, the court shall have the authority to order the destruction or
other reasonable disposition of those copies and their packaging outside the channels of
commerce in such a manner as to avoid harm to the right holder, unless the owner of the
right requests otherwise.
If an implement or device has been used to commit or continue to commit acts of
infringement, the court shall, whenever and to the extent that it is reasonable, order their
destruction or other reasonable disposition outside the channels of commerce in such a
manner as to minimize the risks of further infringements, including surrender to the owner
of the right.
Where there is a danger that acts of infringement may be continued, the court shall
expressly order that such acts not be committed. Furthermore, the court shall fix a sum
the equivalent of at least 50% of the value of the operation as damages.
Article 64 – Any wilful infringement of the following committed unlawfully and in any way,
for the purposes of commercial exploitation, shall be punished by imprisonment for a