Moroccan Law on Artificial Intelligence

As the global economy shifts toward automation and data-driven decision-making, Morocco is positioning itself as a regional leader in the digital transition. While the Kingdom has not yet enacted a single, comprehensive "AI Code," the legal framework governing Artificial Intelligence (AI) in Morocco is a sophisticated tapestry of industrial property laws, copyright regulations, and administrative oversight.

Understanding the legal landscape of AI in Morocco requires looking at how existing laws adapt to emerging technologies. From the protection of algorithmic innovations to the ethical implications of automated systems, the Moroccan legal system provides several pillars for the regulation and promotion of AI.

The Institutional Framework: OMPIC and Digital Oversight

Central to the development of AI in Morocco is the Moroccan Office of Industrial and Commercial Property (OMPIC). Established under Law No. 13.99, OMPIC is a public institution with legal personality and financial autonomy, headquartered in Casablanca (Article 1).

Under Law No. 13.99, OMPIC is tasked with managing the industrial property registry, which is crucial for AI developers seeking to protect their inventions. According to Article 2 of this law, the Office operates under the guardianship of the government authority in charge of Industry and Trade. This institutional oversight ensures that technological advancements, including AI-driven industrial processes, align with national economic strategies.

For AI startups and international tech firms, OMPIC serves as the primary gateway for securing patents and trademarks. The office ensures that the technical aspects of AI—such as specific industrial applications or hardware-software integrations—are legally recognized and protected against infringement.

Intellectual Property and AI-Generated Works

One of the most debated topics globally is how AI interacts with copyright law. In Morocco, this is governed by the Law Relating to Copyright and Neighboring Rights.

Article 67 of this law establishes clear criteria for the protection of artistic and literary works. Currently, Moroccan law emphasizes the human element in creation. Protection applies when:

• The performer is a citizen of the Kingdom of Morocco.
• The performance takes place on Moroccan territory.
• The work is fixed on protected audio recordings.

As AI begins to generate music, art, and text, the Moroccan legal framework faces the challenge of "authorship." Under current provisions, for a work to be protected, it generally requires an original contribution from a natural person. However, AI developers can protect the underlying software code as a literary work, ensuring that the "engine" behind the AI remains their exclusive intellectual property.

Furthermore, Law No. 17.97 relating to the Protection of Industrial Property (as implemented by Decree No. 2.99.71) provides the mechanism for protecting innovations. Article 3 of this law extends protection to nationals of countries belonging to the International Union for the Protection of Industrial Property, ensuring that international AI firms operating in Morocco enjoy the same protections as local entities, provided they follow the prescribed procedures.

Regulation of Specialized Technology and Civil Safety

Artificial Intelligence is not limited to software; it is increasingly integrated into physical equipment and specialized materials. Moroccan law is particularly stringent regarding technologies that could impact public safety.

For instance, the Law regulating explosive materials for civil use and pyrotechnic equipment specifies in Article 2 that only companies subject to Moroccan law, and specifically licensed, may manufacture or import such materials. As AI becomes integrated into industrial sensors, autonomous mining equipment, or civil security drones, these specialized regulations intersect with AI law to ensure that automated systems are handled by authorized, accountable entities.

Ethics and International Compliance

Morocco’s approach to AI is also shaped by its international commitments. Law No. 17.97 (Article 3) explicitly mentions that protection is granted to those covered by any international treaty regarding industrial property to which Morocco is a party.

As the European Union and other jurisdictions move toward strict AI ethics frameworks (such as the EU AI Act), Morocco is harmonizing its digital laws to remain a competitive and "safe" jurisdiction for data processing. This includes:

1. Transparency: Ensuring that users know they are interacting with an AI.
2. Accountability: Maintaining a clear legal trail through OMPIC registrations for the owners of AI systems.
3. Data Protection: Aligning AI processing with existing privacy standards to prevent the misuse of personal information.

Conclusion and Key Takeaways

The legal environment for Artificial Intelligence in Morocco is evolving from a collection of traditional intellectual property and administrative laws into a specialized field of practice. While we await a dedicated "AI Act," the current framework provides significant protection for innovators and clear guidelines for commercial operations.

Key Takeaways:

• OMPIC (Law 13.99): The central body for registering AI-related industrial property and trademarks.
• Industrial Protection (Law 17.97): Grants reciprocal protection to international innovators, making Morocco an attractive hub for global tech firms.
• Copyright Standards: Authorship remains tied to human creativity, but software code is strictly protected under the Copyright Law.
• Licensing: Specialized AI applications (such as those in heavy industry or civil safety) may require specific permits under sectoral laws.

For businesses and developers, the priority remains the proactive registration of intellectual property and ensuring that AI deployment complies with both commercial and safety regulations in the Kingdom.

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