Legal framework in full accordance with international human rights standards… Aware of the fact that investment is a key factor to ensure sustainable and sustained economic growth, Morocco has liberalized its economy by easing procedures, providing better protection to private operators through introducing new laws aiming at improving investment conditions and, thus, acquiring significant flow of domestic and foreign private capital, including:
This Code matches the basic principles set by the Constitution and international standards as spelled out in the UN conventions and its specialized organizations in connection with the work field. The protected rights include:
- Trade union freedom and effective adoption of the right to organize and to bargain collectively
- Prohibition of all forms of work coercion;
- Effective abolition of child labor
- Prohibition of discrimination in terms of employment and professions;
- Equal wages.
TThese measures aim to harmonize national legislation with the commitments made by Morocco in the framework of the international treaties and agreements, including the TRIPS (Trade Related Aspects of Intellectual Property Rights) of the World Trade Organization (WTO), the WIPO Internet Treaties: WIPO Copyright Treaty (WCT), WIPO Performances and Phonograms Treaty (WPPT), and the Free Trade Agreements (FTAs) concluded by our country with other partner countries, mainly the one between Morocco and the United States of America.
The Moroccan Office of Copyright (OMPIC) under the Ministry of Industry and Communications is responsible for the protection and exploitation of copyright and its sister rights.
Industrial property is an exclusive right that gives its holder the right to enjoy the benefits or use the property concerned. It concerns the following intangible assets:
- Technical creation: Patents
- Decorative designs: Designs and Industrial Models
- Distinctive signs: Trademarks, company names, trade names, appellations of origin and geographical indications.
- The law introduced new provisions such as the trademark opposition system, border measures for suspected counterfeit goods, protection of sound marks and olfactory marks and trademark submission in electronic form.
The formalities for protecting the rights of Industrial and Commercial Property and applying international and national legislation are made at the Moroccan Office of Industrial and Commercial Property (OMPIC).
Freedom of Pricing and Competition
The 06-99 Law on free pricing and competition sets the rules for the protection of competition and aims to boost economic efficiency, improve the welfare of consumers and ensure transparency and fairness in trade relations.
The Law prohibits anti-competitive economic practices that may prevent, restrict or distort competition in the domestic market. These practices are: unlawful agreement, abuse use of a dominant position and abuse use of a position of economic dependency.
The penalties provided by law are essentially pecuniary. The levels of penalties are determined based on the seriousness of the offense and the harm suffered by the market or by operators and the circumstances justifying them: bad faith, recurrence.
Competition policy in Morocco is not intended to impose constraints on companies; it is intended to enable them to operate in open markets, whose working procedures are not impeded by anticompetitive behavior from other companies.
Personal Data Protection
The Law No. 09-08 on the protection of individuals with regard to processing of personal data introduced a set of legal provisions aimed at protecting the identity, rights and individual and collective freedoms as well as privacy against all attacks that may affect them through use of computers.
The Law defines, among others and with precision, the right of access to databases containing personal data, to object to certain treatments, to request correction of erroneous data and delete outdated information or those whose purpose of treatment was performed.
With the adoption of the Law 09-08, Morocco is among the first Arab and African countries with a complete protection system, and ranks among the safe destinations in terms of movement of personal data.
Arbitration and Mediation
The arbitration legal arsenal is characterized by a series of innovations aimed at harmonizing the Moroccan trade law with international principles.
Among the novelties of this paper are broadening the scope of arbitration to legal entities under public law. The implementation of the arbitration judgments relating to these acts remains however subject to the exequatur which returns to the administrative jurisdiction in the competence of which the judgment will be executed, or in the administrative court of Rabat, when the arbitration judgment concerns the whole national territory.
The text also gives the tribunal the right to rule, either automatically or at the request of either party, on the validity or limits of its powers, or the validity of the arbitration agreement. It can also take, at the request of either party, any interim measure it deems necessary within the limits of its mission.
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