Tuesday, 10 May 2011

Comparative use of trade marks: Morocco's new law

A short note from Abu-Ghazaleh Intellectual Property (AGIP) informs Afro Leo that Morocco (which was featured on this blog yesterday following its recent international moves) has adopted a Law for the Protection of Consumers.  Article 22 of this Law, which came into force on 7 April 2011, states:
“Any publication comparing characteristics, prices or identification of goods, products or services whether by reference to or representation of a third party’s manufacturing mark, trade mark or service mark, or by reference to or representation of a third party’s trade address, company’s name, trade name or logo, shall be deemed a comparative publication. 
Such publication shall not be allowed unless it is decent and true and may not cause public confusion. 
The comparative publication for characteristics shall be concerned with essential, significant and useful characteristics of goods and services of the same nature available in market, which can be verified. 
Any comparative publication for prices or identifications shall be related to similar goods, products or services sold under the same terms and shall refer to the duration through which prices or identifications determined by the publisher are kept by the same being associated therewith.”
These new provisions confirm and complement those of Law 77.03 on Audiovisual Communication.

Source: "Morocco Addresses Trademarks in Comparative Publication", AGIP Bulletin, 26 April 2011

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