LAWS
The
Constitution of the Republic of Tunisia, 2014 (2014)
IP
LAWS
Law
No. 2009-33 of 23 June 2009 amending and supplementing Law No. 94 36 of 24
February 1994 on literary and artistic property (2009)
Law No. 2007-68
of 27 December 2007 on Appellations of Origin, Geographical Indications and
Indications of Source for Handicrafts (2007)
Law No. 2007-50
of 23 July 2007 amending and supplementing Law No. 2001-36 of 17 April 2001 on
the Protection of Trademarks and Service Marks(2007)
Law No. 2001-36
of 17 April 2001 on the Protection of Trademarks & Trade Services (2001)
Law No. 2001-20
of February 6, 2001, on the Protection of the Layout-designs of Integrated
Circuits (2001)
Law No. 2001-21
of February 6, 2001 on the Protection of Industrial Designs (2001)
Law No. 2000-84
of August 24, 2000, on Patents (2000)
Law No. 99-57
of 28 June 1999 on registered appellations of origin and indications of source
of agricultural products (1999)
Law No. 99-42
of May 10, 1999, on Seeds, Seedlings and New Plant Varieties (1999)
Law No. 94-36
of February 24, 1994, on Literary and Artistic Property (1994)
TREATIES
Law
No. 2003-59 of 4 August 2003 approving the accession of Tunisia to the Budapest
Treaty on the International Recognition of the Deposit of Micro-organisms for
the purposes of Patent Procedure and the Regulations (2003)
Law No. 2002-83
of 14 October 2002 approving the accession of the Republic of Tunisia to the
International Convention for the Protection of New Varieties of Plants (2002)
Beijing Treaty
on Audiovisual Performances …
Marrakesh
Treaty to Facilitate Access to Published Works for Persons Who Are Blind,
Visually Impaired or Otherwise Print Disabled …
Protocol
Relating to the Madrid Agreement Concerning the International Registration of
Marks (October 16, 2013)
Budapest Treaty
on the International Recognition of the Deposit of Micro-organisms for the
Purposes of Patent Procedure (May 23, 2004)
Patent
Cooperation Treaty (December 10, 2001)
Vienna
Agreement Establishing an International Classification of the Figurative
Elements of Marks (August 9, 1985)
Nairobi Treaty
on the Protection of the Olympic Symbol (May 21, 1983)
Convention
Establishing the World Intellectual Property Organization (November 28, 1975)
Lisbon
Agreement for the Protection of Appellations of Origin and their International
Registration (October 31, 1973)
Nice Agreement
Concerning the International Classification of Goods and Services for the
Purposes of the Registration of Marks (May 29, 1967)
Hague Agreement
Concerning the International Registration of Industrial Designs (October 20,
1930)
Madrid
Agreement for the Repression of False or Deceptive Indications of Source on
Goods (July 15, 1892)
Berne
Convention for the Protection of Literary and Artistic Works (December 5, 1887)
Paris
Convention for the Protection of Industrial Property (July 7, 1884)
National Institute for Standardization and Industrial Property
(INNORPI)
Rue 8451 n 8
par la rue Alain Savary BP 57 – Cité El Khadra –
1003 Tunis
Tunisia
Tel + 216 71 80
67 58
Fax + 216 71 80
70 71
Mail
innorpi@planet.tn
www.inorpi.ind.tn
In
Tunisia the trademark Law No. 36 was issued on April 17, 2001, this law
replaced the Tunisian Trademarks and Trade Names law Dated June 4, 1889 and its
amendment of 1936.
The
law addresses several aspects, some of which are in compliance with the
Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. These
aspects include protecting color, sound and collective marks, acknowledging
well-known trademarks, as well as allowing the examination by the Tunisian
authorities of trademarks published in the Trademark Office Official Gazette.
Tunisia
Joined the Madrid Protocol for the international registration of trademarks and
can be designated for the new applications as of October 17, 2013. Also, any
previous international registration prior to the said date can be extended to
include Tunisia.
Trademark requirements:
1- A simply
signed and sealed power of attorney. A general power may be used for subsequent
filings.
2- Five
prints of the mark.
3- The
list of the goods and/or the services (classes) covered by the application in
French.
4- A
certified copy of the priority document must be submitted, in case it is
claimed.
Document
1 may be submitted within 30 days from filing date. Document 4 may be submitted
within 3 months from filing date.
Time Frame:
-
The expected time frame from filing a trademark
application up to registration in the normal course of action is from 11 to 13
months.
Examination procedures:
-
Examination is performed on formal and absolute
grounds only. There is no examination on relative grounds.
Validity:
-
Trademark registrations are valid for 10-years
from filing date and are renewable for consecutive periods.
Renewal Requirements:
-
A Power of attorney, simply signed, which is
can be filed within a month time from date of filing the renewal application.
-
The number, date and the list of the goods of
the trademark registration.
Note:
There is a 6 months grace period within which a late renewal application can be
filed with the payment of the lateness fine. The Tunisian Trademarks Office
allows another three months for renewal after the expiry of the grace period if
there is a reasonable ground, which is almost accepted in most cases. There
will be extra fine in case our client instructs us to proceed with a renewal
within the grace period.
Search procedures:
-
An official search may be conducted for word
marks only. The search takes approximately 5 to 10 working days.
Recordal of Assignment Requirements:
-
Power of attorney from the assignee, simply
signed;
-
A deed of assignment, notarized, with simple
French translation.
Recordal of Merger Requirements:
-
A Power of attorney, simply signed;
-
A certificate of merger, legalized with French
translation.
Recordal of Change of Name/Address Requirements:
-
A Power of attorney, simply signed.
-
A certificate of the change of name or an
extract from the commercial register, notarized with French translation.
-
For change of address only a simply signed
power of attorney is required.
Recordal of Licensing Requirements:
-
A Power of attorney from the licensor, simply
signed;
-
A Power of attorney from the licensee, simply
signed;
-
A license agreement, notarized with French
translation.
Cancellation of trademark registration:
-
A trademark is subject to cancellation by any
interested party within 5 years from registration date, unless the mark was
registered in bad faith in which there is no time limit.
Use Requirements:
-
Use of a trademark is not required for
registration or renewal of a mark. However, a trademark is vulnerable to cancellation
by any interested party if there has been no effective use of the mark for a
period of 5 consecutive years from registration date.
Tunisia
has been a member of the Patent Cooperation Treaty (PCT) since December 10,
2001. Any international PCT application made as of the aforementioned date may
designate Tunisia.
Once
an application for the registration of a patent is filed, it is examined as to
form only. The Tunisian Patent Office does not carry out any examination as to
novelty or merit of the invention.
Filing Requirements:
1. A
simply signed power of attorney.
2. Three
copies of the specification in French.
3. Three
sets of the formal drawings.
4. A
certified copy of the basic application is required when filing a convention
application.
The
priority document should be submitted within 90 days as from the date of
application.
If
the assignee applies, it is preferable to file the deed of assignment of
priority right signed by the holder of the basic application.
PCT Requirements:
1. Copy
of PCT Request.
2. Copy
of International Publication.
3. Copy
of International Search Report.
4. Copy
of International Preliminary Examination Report (if available).
5. 3
copies of the specifications in English, French or Arabic.
6. 4
sets of formal drawings.
7. A Power
of attorney, simply signed stating title of signatory.
Items
1-6 must be submitted at the time of filing. Document 7 may be submitted within
a non-extendible 1-month period from filing date.
Validity:
A
patent is valid for 20 years as of the date of filing the patent application.
The validity of PCT applications is calculated from the international filing
date.
Annuities:
Annuities
are payable as of the date of filing. Annuities are payable in the anniversary
date of filing. A late fine, which may be calculated at the rate of 8% of the
due annuity, is payable when the annuity is paid within the 6-month grace
period, per annuity and per month.
Tunisia
is a member of the Hague Agreement Concerning the International Registration of
Industrial Designs. Designs and industrial models are protected through
registration with the competent authority; the Institut National de la Normalisation
et de la Propriete Industrielle (INNORPI). Such registration is effected
without novelty examination at the applicant's responsibility.
Filing Requirements:
1. A Simply
signed power of attorney.
2. Four
representations (photocopies, photographs or drawings) of the design.
3. Four
copies of the inscription (if necessary).
Validity:
-
A design or an industrial model registration is
granted for 5, 10 or 15 years starting from the date of filing the application.
A registration for the shorter terms have the option of applying for the
extension of the protection period by the maximum duration of 15 years.
Note:
-
The Tunisian authorities accept patent
applications and documents in French, English or Arabic.
MULTIPLE FIGURES:
-
It is permitted to submit multiple figures in
the same form.
Tunisia
is a member of the Berne Convention for the Protection of Literary and Artistic
Works and the Universal Copyright Convention.
Copyright
Law No. 36 of 1994 governs the protection of copyright in Tunisia. Although the
law was published in the Official Gazette in 1994, but until now, no procedure
has been implemented for the registration of copyright.
Protection
is granted to authors of literary, artistic and scientific works whatever the
value, kind or purpose or way of expression is. Generally, the protection is
provided for the works whose means of expression is writing, sound, drawing,
image or motion picture. It also includes creative titles and computer software
which are published, acted or displayed for the first time in Tunisia.
The
copyrights are protected for the lifetime of the author plus 50 years following
his/her death, while the protection period of software is for 25 years from the
grant.
The
National Council for Culture is entitled to authorize documentary,
translations, educational, cultural or scientific use under certain conditions.