January 26, 2022 - BY Admin

Legal protection of commercial origin in Moroccan law

Legal protection of commercial origin

in Moroccan law:

The Moroccan legislator has defined commercial origin through article 79 of the Commercial Code, where it stipulates that "commercial property is moral movable property which includes all funds intended for the exercise of a commercial activity or of several commercial activities.

Article 80 of the same code stipulates that the business asset must include customers and a business reputation, and also includes all other funds necessary for the operation of the business asset, such as the trade name, logo, the rental right, commercial furniture, goods, equipment, tools, patents, licenses, trademarks, trade and service, and industrial designs and models in general All industrial, literary or artistic property rights attached to the original.

It was clarified in a judgment rendered by the Court of Cassation - the former Supreme Council - on 21/09/2005 under number 927 in file number 699/2004 published by the decisions of the Chamber of Commerce of Muhammad Minqar Bennis p.79 et seq.

Ownership of a business asset differs from ownership of real estate and therefore the owner of the business right has the right to lease it and does not have the right to lease the store. Given the economic importance of commercial assets, the Moroccan legislator has given it special care.

Commercial assets are necessary for commercial operation, just as all banking institutions, as well as the Queen's general treasury and all creditors of the contractor rely on commercial assets to repay their debts and be pious in their financial value.

First requirement: protect elements of commercial origin

First paragraph: protect customers and the reputation of the company against unfair competition

Customers and company reputation are among the most important elements of a business asset, which has been confirmed by article 80 of the commercial code.

Customers means the group of people who deal with the store on a permanent or occasional basis, and customers in this case are called "attractive customers", or they contact the merchant under the supply contract, and in this case they are called "restricted customers".

As for the commercial reputation, it arises from the reluctance of customers to go to the store because of its location with the realization of a one-time purchase only. So, business reputation is the sum of customers who contact the store, while customers are a group of people who communicate with the person of the merchant.