News & insights

Morocco: New Law on the Protection of Consumers

May 12, 2011

Comparative Advertising in Morocco

Morocco has recently adopted Law No. 31-08 on the Protection of Consumers. The new law was promulgated on February 18, 2011 and became effective as of April 7, 2011. Article 22 of Law No. 31-08 includes provisions on comparative advertising. The use of comparative advertising is considered valid as long as it is honest, true and does not contain misrepresentations intended to mislead the consumer.
Furthermore, the comparative publicity involving characteristics should relate only to essential, significant, pertinent and verifiable characteristics of goods or services of the same nature that are available in the marketplace.

The Practice of Comparative Advertising in the Region

Comparative advertising is almost never used in Arab countries. However, in some countries, it is highly likely that the use of comparative advertising is perceived as an act of unfair competition simply because any type of comparison between goods and services of different parties may carry with it some significant risks.
Furthermore, there may be some factors that might influence the presence of comparative advertising in our region. In Saudi Arabia and Kuwait, for example, comparative advertising is prohibited simply because it is not in line with the provisions of the Sharia’a Law.

Country

Article

Details

Morocco

Article 3 of Audio-Visual

Communication Law no. 03-77

 

The publicity which contains a denigration of an enterprise, an organization, or of an industrial, commercial or agricultural activity, or of a business, or a product or a service, attempting to make it depreciated or ridiculous or through any other means, is prohibited.

Article 184 of Industrial Property

Law no. 17-97 a

 

False allegations in the course of trade of nature as to discredit the establishment, products or industrial or commercial activities of a competitor are prohibited.

Article 22 of Law No. 31-08

Any publicity comparing characteristics, prices or tariffs of goods, products or services utilizing either a citation or representation of a third party’s trademark, service mark, denomination, company name, trade name or signboard, shall be deemed a comparative advertising.

Lebanon

Article 714 of the Penal Code

Intentional diversion of clients as well as deceptive advertisings are prohibited.

Article 11 of the Consumer

Protection Law

Syria

Article 116 (e) of Trademark Law

no.8-07

The acts which may degrade the

distinctiveness force of the trademark of the others, illegally misuse its reputation or fame, or of the reputation or the goodwill of the establishment of third parties are prohibited.

UAE

Article 66 of the Commercial

Transactions Law

A trader may not resort to fraud and cheating when marketing his goods, nor may he spread or publish false particulars tending to be prejudicial to the interests of another competitor trader; in default he shall be liable for damages.

Jordan

Article 2 of Trade Secrets

and Unfair Competition Law no.

15-00

Any competition contradictory to the honest practices in the commercial and industrial activities shall be deemed one of the unfair competition acts and particularly the following:

1. The activities that may by nature cause

confusion with entity, products or commercial or industrial activities of one of competitors.

2. Untrue assumptions in practicing trade,

causing deprivation of trust on one of the

competitors’ entity, products or industrial or commercial activities.

3. The data or assumptions used in commerce that may mislead the public in respect to the product’s nature, methods of manufacturing, properties, amounts, and availability for use.

4. Any practice that reduces the product

reputation, causes confusion in respect to the product general shape or presentation, or misleads the public on declaring the product price or the method of counting thereof.

 

Should you have any inquiries or comments regarding the subject matter, please contact us at info@sabaip.com