Topographies of Integrated Circuits

– Industrial Property Law No. 17-97 (Dahir of 15/2/2000), in force since December 18, 2004, amended by Act 31-05 of February 20, 2006.
– Decree of June 7, 2004, published June 17, 2004.
– Industrial Property Law No. 23-13 (Dahir of 21/11/2014), in force since December 18, 2014.
– Regulations for implementing Law No. 23-13, in force since January 15, 2015.

Protection

Definition: a semiconductor topography means a three-dimensional disposition of the elements, of which one at least is an active element and of some or all of the interconnections of an integrated circuit, or of such a three-dimensional disposition prepared for an integrated circuit destined to be manufactured. An integrated circuit means a finished product or a product in an intermediary state in which the elements, of which one at least is an active element, and of some or all of the interconnections consist of an integral part of the body and/or the surface of a piece of material and which is destined to fulfill an electronic function.

Applicant: the creator of the topography or his successor(s) in title.

Foreigners: foreign nationals are entitled to protection if this results from International Treaties and Conventions to which Morocco is a party or which grant reciprocity.

Filing: the application must be made within two years from the first commercial use and within fifteen years after the final or intermediary topography has been fixed or coded for the first time if it has never been commercially exploited.

Scope of protection: the reproduction of the whole or part of the topography, importing, sale or distribution for commercial purposes of a topography or an article incorporating the integrated circuit are forbidden without the consent of the proprietor of the rights. These acts are not considered illegal if they are undertaken for private use or for purposes of evaluation, analysis, research, or teaching. The creation based on an evaluation, analysis or research can be protected. Someone who reproduces illegally but in good faith a topography of an integrated circuit must pay the owner a sum equivalent to that which would be due in the frame of a freely negotiated license.

Duration: ten years from the application filing date.

Annuities: must be paid yearly. The first annuity is payable with the filing of the application.