LAWS
Constitution of the People’s Democratic Republic of Algeria (2008)
IP LAWS
Law
No. 05-03 of 27 Dhu Al Hijja 1425 Corresponding to 6 February 2005 on Seeds,
Plants and Plant Variety Protection (2005).
Law No. 03-17
of 9 Ramadhan 1424 corresponding to November 4, 2003 approving Ordinance No.
03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Copyright
and Related Rights (2003).
Law No. 03-18
of 9 Ramadhan 1424 corresponding to November 4, 2003 approving Ordinance No.
03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Trademarks
(2003).
Law No. 03-19
of 9 Ramadhan 1424 corresponding to November 4, 2003 approving Ordinance No.
03-07 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Patents
(2003).
Law No. 03-20 of 9 Ramadhan 1424 corresponding to November 4, 2003 approving Ordinance No. 03-08 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on the Protection of Layout-designs of Integrated Circuits (2003).
RULES AND REGULATION
Executive
Decree No. 11-356 19 Dhu Al Kaadq 1432 Corresponding to 17 October 2011
Amending and Supplementing the Executive Decree No. 05-356 of 17 Shaaban 1426
Corresponding to 21 September 2005 on the Statutes, Organization and
Functioning of the National Office of Copyright and Neighboring Rights (2011).
Executive
Decree No. 08-346 of 26 Shawwal 1429 corresponding to October 26, 2008 amending
and completing the Executive Decree No. 05-277 of 26 Jumada Ethania 1426
corresponding to August 2, 2005 addressing the Procedures for Filing and
Registration of Trademarks (2008).
Interministerial
Order of 20 Rajab 1427 corresponding to August 15, 2006 establishing the
Operation of the Territorial Subdivisions of Trade and Inspections of Quality
Control and Fraud Control at the Borders (2006).
Executive
Decree N° 05-356 of 17 Chaâbane 1426 corresponding to September 21, 2005 on the
Statute, Organisation and Operation of the National Office for Copyright and
Related Rights (2005).
Executive
Decree No. 05-358 of 17 Sha’ban 1426 Corresponding to 21 September 2005 on the
Procedures for the Exercise of the Right to Follow of the author of a plastic
arts (2005).
Executive
Decree No. 05-316 of 6 Chaâbane 1426, Corresponding to September 10, 2005 on
the Composition, Organization and Operation of the Reconciliation Board in
charge of Settling Disputes Relating to the Use of Works and Performances
Managed by the National Office for Copyright and Related Rights (2005).
Executive
Decree No. 05-275 of 26 Jumada Ethania 1426 corresponding to August 2, 2005,
laying down the Procedures for Filing and Issuance of Patents(2005).
Executive
Decree No. 05-276 of 26 Joumada Ethania 1426 corresponding to August 2, 2005,
laying down the Procedures for Filing and Issuance of Layout Designs of
Integrated Circuits (2005).
Executive
Decree No. 05-277 of 26 Joumada Ethania 1426 corresponding to August 2, 2005
laying down the Procedures for Filing and Issuance of Trademarks (2005).
Executive
Decree No. 05-219 of 15 Jumada I, 1426 corresponding to June 22, 2005 on Merger
Permissions (2005).
Executive
Decree No. 98-68 dated 24 Chaoual 1418 corresponding to February 21, 1998 on
the Establishment and Statute of the Algerian National Institute of Industrial
Property (INAPI) (1998).
Executive
Decree No. 76-121 of July 16, 1976 on Procedures for Registration and
Publication of Appellations of Origin and the Establishment of the Relevant
Fees (1976).
Executive
Decree No. 66-87 of April 28, 1966 on the Implementation of the Ordinance No.
66-86 of April 28, 1966 relating to Designs (1966).
TREATIES
Locarno
Agreement Establishing an International Classification for Industrial Designs …
Patent Law
Treaty
WIPO Copyright
Treaty (January 31, 2014).
WIPO
Performances and Phonograms Treaty (January 31, 2014).
Rome Convention
for the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations (April 22, 2007).
Patent Cooperation
Treaty (March 8, 2000).
Berne
Convention for the Protection of Literary and Artistic Works (April 19, 1998).
Nairobi Treaty
on the Protection of the Olympic Symbol (August 16, 1984).
Convention
Establishing the World Intellectual Property Organization (April 16, 1975).
Lisbon
Agreement for the Protection of Appellations of Origin and their International
Registration (July 5, 1972).
Madrid
Agreement Concerning the International Registration of Marks (July 5, 1972).
Madrid
Agreement for the Repression of False or Deceptive Indications of Source on
Goods (July 5, 1972).
Nice Agreement
Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks (July 5, 1972).
Paris
Convention for the Protection of Industrial Property (March 1, 1966).
Intellectual
property office
Institut
National Algérien de la Propriété Industrielle (INAPI)
42
Rue Larbi Ben M’hidi
Alger
Algeria
Tel
+ 213 21 73 01 42 or 60 84
Fax
+ 213 21 73 55 81 or 96 44
www.inapi.org
In
Algeria, once a trademark application is filed, the filing certificate
indicating the filing number and the filing date is issued directly. Trademark
applications are examined as to their registrability against prior
registrations. The certificate of registration is issued upon completing all
the filing requirements. Trademarks are published after registration and there
is no provision for filing opposition to the registration of a mark.
Trademark Filing Requirements:
1- A
power of attorney in French simply signed and sealed with the official stamp of
the applicant company which should include the position and the name of
signatory, company name and address, the date of the POA and the country or the
place. A separate power of attorney is required for each application and it is
not acceptable to use one POA for two or three applications even if it is for
the same applicant.
2- A
certified copy of priority document, if priority is claimed, certified.
3- The applicant’s
Name and Address.
4- A
list of the goods to be covered by the application.
Document
1 should be submitted after 60-days calculated from the filing date. Document 2
may be submitted within 90-days from filing date.
Examination procedures:
1- Trademark
application(s) is examined as to their registrability against prior
registrations.
2- The
certificate of registration is issued upon completing all the examination
procedures.
3- Trademarks
are published after registration and there is no provision for filing
opposition to the registration of a mark.
Validity:
According
to Trademark Law No. 03-06 of 2003 a trademark registration is valid for 10
years as of the filing date of the trademark application, and it is renewable
for periods of 10 years, each upon application and payment of the prescribed
renewal fees. A grace period of 2 months is allowed for late renewal of a
trademark registration against payment of a fine.
Time Frame:
The
expected time frame from filing a trade mark application up to registration, on
average is 15 -18 months as there is no opposition period this time will have
to be accepted as the time of examination to registration.
Refusal stage:
In case our client’s trademark is refused a counter-statement can be filed before the Algerian TMO within 2-months from the date of the notification of rejection which is extendable for further 2-months; however, as per the local law and practice a deadline for attacking the rejection decision is 2-months as from the notification date, but this not applied strictly, as well the applicant have the right to request a time extension for another 2-months. As for the review and issue a final decision by TM Office, there is NO time frame for this stage as it may take from six months to two years for some cases.
Duration & Renewal:
·
Registration is for ten years.
·
Registrations can be renewed every ten years.
·
Use must commence within a year of filing.
·
Continuous non-use for one year could result in
cancellation.
Renewal Requirements:
1- Power
of attorney simply signed (for each application).
2- Ten
prints of the mark (even for word marks).
3- The
number and date of the registered trademark/service mark.
4- A Declaration of Use printed on the applicant’s letterhead.
The
expected Time Frame from filing the renewal application to obtaining the
renewal certificate is from 15 to 18 months.
Recordal of Assignment:
1- A
Simply Signed Power of Attorney.
2- A
duly Notarized and Legalized Deed of assignment signed by the assignor and the
assignee, along with the French Sworn Translation (if the DOA is only in
English).
License Applications:
Licenses must be recorded. The required documents are:
·
Prior Ministerial approval must be obtained.
·
Simply Signed Power of Attorney from the
Licenser and the registered user.
·
Original copy of a French registered user
agreement legalized up to an Algerian consulate.
·
Particulars of the trademark
applications/registrations subject to the license.
Recordal of Change of name:
1- Power
of attorney simply signed.
2- A
certificate of change of name duly notarized and legalized up to the Algerian
Consulate.
1- Number
and date of the registered trademark.
Recordal of Change of address
1- A Simply
Signed power of attorney stating the new address.
Cancellation procedures:
The Cancellation action should be filed before the First Instance Court. Once the lawsuit is registered, the plaintiff should proceed with the notification of the adverse party.
In case the defendant is a national entity/individual, the Court will fix the first date for the hearing session within 21-days calculated from the filing date of the cancellation lawsuit. However, if the defendant is a foreign entity/individual the first hearing session will be held within 3-months from the date of filing the lawsuit.
Please
be advised that, once the adverse party is notified and attends the hearing
session, the parties will explains their arguments and claims through
memorandums and response statement, and once the parties have no other
arguments or reply to be added the case will be set for issuing the court
decision.
The
decision issued by the First Instance Court will be subject for further appeal
by any party within 1-month from the notification of the judgment by the winner
party, if not notified the deadline remains open for constantly two years; after
that the judgment will be considered as a final.
The Opposition or Counterstatement Time frame:
The
expected time frame required for preparing and filing an Opposition or Counterstatement
with the Trademarks Office and follow up its proceedings till final settlement is
from 3 to 6 months (for responding to the appeal against provisional refusal)
Time
frame required for preparing and filing a lawsuit of any type such as
infringement or cancellation action and follow up its proceedings till final
settlement is from 5 to 6 months.
Time
frame required for filing an appeal with the trademarks registrar or court as
applicable regarding an opposition action, counterstatement or rejection is
from 3 to 6 months.
In
Algeria, the patent application is examined as to unity and form only. Please
be advised that the patent application will not be a subject for examination as
to the novelty of the invention, although the provisions of Patent Law No.
03-07 of 2003, stipulate that an application should be filed before the
invention has become known through publication or use.
Validity:
A validity for non-PCT patent application is valid for 20-years starting from the national filing date of the application. Such validity is subject to the payment of the prescribed.
Under
the Patent Cooperation Treaty (PCT), a patent is valid for 20 years starting
from the international filing date of the application. Such validity is subject
to the payment of the prescribed annual fees.
Non-PCT applications annuities:
Annuity
fees. Annuities are to be paid counting from the national filing date. A
6-month grace period with a fine is allowed for late payment of the annuity.
PCT Applications annuities:
Annuities
are to be paid counting from the international filing date. A 6-month grace
period with a fine is allowed for late payment of the annuity.
Patent Requirements:
1- Power
of attorney simply signed.
2- Three
copies of specifications, claims and drawings in English and Arabic.
3- Priority
Document simply signed (in case convention priority is to be claimed).
4- Deed
of assignment simply signed by the inventor if the applicant is not the inventor
himself.
5- Summary
of the invention in English with Arabic translation (about 100 word).
In
Algeria, designs are registered for 10-years. The period of protection
consists of two parts, a period of one year during which the registration
remains secret and a second period of 9 years during which the registration is
open to public inspection. Once an application is filed it is examined as to
the form only and is accorded a filing date immediately. Applications are
published in the Official Gazette after the elapse of the first year of
protection period or earlier, upon the applicant’s request. There is no
provision for filing opposition. Applicants must request the nine-year
extension either on filing or within the first year; otherwise, the
registration will expire. A grace period of six months is allowed.
Design Requirements:
1- Simply
signed Power of attorney in French and Arabic.
2- Seven
identical copies of the design.
3- Certified
copy of the priority document for claiming priority.
4- The
French translation of the priority document (if needed).
5- Summary
description of the design in French.
6- The name, business, nationality and address of the applicant.
It
is possible to file design applications without the complete documents at the
time of filing, which should be submitted within 45 days from the filing date.
Only possible for Algerian nationals