Legislative Implementation of Flexibilities - Morocco

Title:	Article 42 of the Law No. 97-17 on the Protection of Industrial Property of 15/02/2000 as last amended by Law No. 31-05
Field of IP:	Patents
Type of flexibility:	Security exceptions
Summary table:

Provisions of Law

42. For the purposes of National Defense, the grant and working of an invention patent may be prohibited, definitively or temporarily, where publication of the invention is liable to harm the nation's security.

To this end, any patent application, once the patent application has been corrected, within the time period of 15 days provided for in the first paragraph of Article 43 below, may be consulted on a confidential basis on the premises of the entity responsible for industrial property.

Before the expiry of the time period of 15 days referred to in the previous paragraph, a decision, either to postpone the grant and disclosure of the patent until the expiry of the time period of 18 months stipulated in the first paragraph of Article 44 below, or to prohibit definitively the grant, disclosure and working of said patent, shall be notified to the competent administrative authority and to the entity responsible for industrial property.

If, once the time period of 15 days referred to in the second subparagraph of this Article has expired, no decision has been notified to the competent administrative authority and the entity responsible for industrial property, the report referred to in Article 43 below shall be conveyed or notified to the applicant or his agent.

In the event of a postponement, and where no decision to maintain or lift the postponement on the grant of the patent has been notified to the competent administrative authority and to the entity responsible for industrial property during the time period of 18 months referred to in the first subparagraph of Article 44 below, the aforegoing report shall be conveyed or notified and the patent shall be granted to the applicant or his agent on the conditions laid down in Articles 46 to 48 below.

Where there is a definitive prohibition on the grant, disclosure and working of the patent, the aforegoing report shall not be drawn up and the patent shall not be granted.

The entity responsible for industrial property must notify the applicant or his agent in writing of any decision taken in accordance with this Article.

A definitive or temporary prohibition on disclosing and working an invention shall give rise to an entitlement to compensation fixed in agreement with the owner(s) of a patent application or his (their) agent.

All disputes relating to compensation shall be referred to the Administrative Tribunal of Rabat.