Protection of plant varieties

Interest of the plant variety protection system

In Morocco, Law No°9-94 on the Protection of New Varieties of Plants was promulgated by dahir No. 1-96-255 of 21 January 1997. It is likely to have positive consequences in the agricultural sector and in particular the seed sector. The application of this Act allows for:

– to allay the fears of breeders by making available to them the legal instrument which enables them to defend their right of ownership; to make farmers benefit from new technologies in the field of varietal creation; To place Morocco at the level of international economic and legal requirements and ensure compliance with the international commitments made when the WTO agreements were signed in Marrakesh, which specify in the TRIPS agreements the obligation to protect intellectual property of “inventors”, including breeders;

– to promote access to the export market for Moroccan agricultural products and improve their competitiveness;

– encouraging investment in the seed industry and particularly in the field of creation at national level;

– to provide Morocco with the legal instrument for accession to the International Union for the Protection of New Varieties of Plants (UPOV).

The texts implementing law n°9-94 are 2 decrees and 7 decrees

(Download the application texts).

Scope of application

The protection applies to varieties belonging to the genera and species whose list is fixed by order of the Minister responsible for agriculture. This order also lays down, for each species, the term of protection and the elements to which the breeder’s right relates. (Download the list of protected species ).
The right to be obtained may be required by Moroccan or foreign natural or legal persons. The latter should have their domicile or headquarters in Morocco. This right may also be required by natural or legal persons who have their domicile or registered office in a State which grants to Moroccans protection at least equivalent to that provided by Law No. 9-94.