Geographical Indications Law in Western Sahara
Here’s an overview of Geographical Indications (GI) Law in Western Sahara:
🟠 Geographical Indications Law in Western Sahara
1. Political and Legal Status
Western Sahara is a disputed territory, primarily administered by Morocco, though its sovereignty is contested by the Sahrawi Arab Democratic Republic (SADR).
Due to the lack of a fully recognized independent government, Western Sahara does not have its own autonomous IP or GI legal framework.
Legal matters, including intellectual property, are largely influenced or governed by Moroccan law in the areas under Moroccan control.
2. Applicable Law
Moroccan Intellectual Property Law applies de facto in Western Sahara under Moroccan administration.
Morocco’s Law No. 17-97 on Industrial Property (1999) governs trademarks, patents, and also provides protection for Geographical Indications.
GIs are protected under Moroccan law according to the standards set by the WTO/TRIPS Agreement and Morocco’s commitments.
3. GI Protection in Morocco (De facto for Western Sahara)
| Key Point | Description |
|---|---|
| Law | Moroccan Industrial Property Law (Law 17-97) |
| GI Registration | Handled by the Moroccan Office Marocain de la Propriété Industrielle et Commerciale (OMPIC) |
| Types of Protection | Includes Protected Geographical Indications and Appellations of Origin |
| International Treaties | Morocco is a member of WTO (TRIPS), Paris Convention, Lisbon Agreement |
4. Registration and Enforcement
Registration of GIs is done through OMPIC.
Registered GIs enjoy protection against misuse or imitation within Morocco and territories it administers, including Western Sahara.
Enforcement is through Moroccan courts.
5. International Recognition
Due to political complexity, international recognition of GIs from Western Sahara itself is unclear.
Products originating from the region may be marketed under Moroccan GIs or require separate recognition pending political status resolution.
6. Summary Table
| Aspect | Details |
|---|---|
| Local GI law | No autonomous system; Moroccan IP law applies |
| Administering authority | Moroccan OMPIC |
| Types of GI protection | PGI and Appellation of Origin |
| International treaties | WTO/TRIPS, Paris Convention, Lisbon Agreement |
| Enforcement | Moroccan courts |
RELATED Blog
0 comments