National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Morocco
Validation state | Morocco | |
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1 Transfer of rights by transaction (e.g. sale, merger) or by operation of law (e.g. succession, insolvency, compulsory execution) |
2 Licences and other rights |
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1Which supporting documents must be filed? |
Deed amending ownership of the application or patent or entitlement to exercise the rights attached to it, e.g. assignment, licence, encumbrance or waiver thereof, seizure, validation and lifting of seizure Depending on the case in point, the registration request must be accompanied by – an authenticated original of the private deed recording the change in ownership of the application or patent or in entitlement to exercise the rights attaching to it, or of a certified copy of said deed – a copy of said deed if the applicant wants the original or certified copy returned to him, or of an extract if he wants registration to be limited thereto – a transfer deed in the case of transfer following death – a certified copy of the transfer deed in case of merger, spin-off or takeover. Art. 58 Law No. 17-97 |
as under 1. |
2Must a national professional representative be appointed? |
Yes Applicants who do not have a residence or place of business in Morocco must appoint a professional representative who does |
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3Must a form be used? |
Yes Art. 2 Decr. |
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4Special fee payable? |
MAD 480 per deed (maximum: MAD 12 000) for recording a change of name, address or legal form. MAD 960 per deed (maximum: MAD 24 000) for recording the transfer or deletion of rights. A reduction is available for certain proprietor categories and/or for those using the online procedure. Dec. No. 9/2017 |
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5Entries and data recorded in the register |
To be enforceable against third parties, any deed transferring, amending or otherwise affecting rights relating to an application or patent must be recorded in the national patent register held by OMPIC. Entries in the register have declaratory effect, but are enforceable against third parties only as from their date of registration. Art. 58 Law No. 17-97 |
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6Is a transfer registered by the EPO during the opposition period or opposition proceedings recognised? |
No Patents validated in Morocco are governed solely by national law. To be enforceable against third parties, any subsequent transfer must be entered in the national patent register. Art. 50.1, 58 Law No. 17-97 |
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7Special features |
Transfer documents for validated patents or applications must be supplied in Arabic or French. |