Summary of the Trademark Registration System
A new trademark law was issued on April 17, 2001 under No.36. This Law replaced the Tunisian Trademarks & Trade Names Law dated 4/6/1889 and its amendment of 1936.
The new Law is featuring several aspects, some of which are in compliance with the TRIPS Agreements. These features are the protection of colors, sound and collective marks, acknowledgment of the well-known trademark, the alteration of the registration procedure allowing for examination by the Tunisian authorities, and a publication of two months in which opposition maybe filed by any party. Once the opposition period is completed with no opposition filed, the trademark is regarded as registered and is again published in the official records within 12 months of the registration date. Not withstanding any international agreements, foreign applicants must submit a copy of the home certificate of registration or filing document with the application. (This does not apply to applicants from countries member to the Paris Convention). Protection under the new Law will be reduced to 10 years from the filing date instead of the designated 15 years currently being implemented. Also, fines by court decisions on infringers maybe levied from Tunisian Dinar (TD) 5,000 (=US$ 3,700) to TD 50, 000(=US$ 37,000).
Use of a trademark within a period of 5 years is a must by the Law. All trademarks registered before the issuance of this Law must be used within 5 years from its issuance date.
Information regarding Intellectual Property matters in Tunisia as well as the power of attorney is available on our website at http://www.agip.com/countries.htm. Once you reach this page you may
access the information or power of attorney by clicking the table. At the end of the text for each country is a downloadable PDF version that may assist you. Should you have any problems please advise us on our email: agip.tunisia@tagi.com
Summary of the Patent Registration System
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.
A patent application is published in the Al-Muwassafat quarterly gazette, published by the Institut National de la Normalisation et de la Propriete Industrielle (INNORPI), together with a summary of the
contents thereof. The grant of a patent is also published. An opposition to the grant of a patent may be lodged within two months as from the date of publication of the application. There are no provisions in the Law as to appealing the decisions of the Registrar. The provisions of the Patent Law in Tunisia stipulate that a patent application should be filed before the invention has been published, or used, or has otherwise received sufficient publicity to allow it to be put into practice either in Tunisia or abroad.
A patent is valid for twenty years as from the date of filing the patent application. Annuities are payable as from 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 six months grace period, per annuity and per month.
The right to a patent may be assigned or transferred through succession. The assignment of patent applications and granted patents must be made in writing. An assignment shall have no effect against
third parties unless it has been entered in the relevant records of the Patent Office.
Working of patents in Tunisia is an official requirement. Working must be effected within four years as from the date of filing or three years as from the date of the grant of the patent.
Summary of the Design and Industrial Models Registration System
Tunisia is also a member of the Hague Agreement of November 6, 1925 for the International Registration of Designs and Industrial Models. Designs and industrial models are protectable 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. A design or an industrial model registration is granted for five, ten or fifteen years starting from
the date of filing the application. A registrant for the shorter terms has the option of applying for the extension of the protection period by the maximum period of fifteen years.
A registration of a design or an industrial model is subject to cancellation in the event any interested party requests such a cancellation before the competent tribunal, provided that the contestant has also filed an application for the same design or model. The registration, assignment and cancellation of design and industrial model registrations are published in the Al-Muwassafat quarterly gazette and entered in the designs register. There is no provision in the current Tunisian Law as to working or compulsory
licensing with respect to designs and industrial models. Any infringement or unauthorized use of a registered design or industrial model is punishable under the current Law in Tunisia.
Summary of the Copyright Registration System
The Tunisian Copyright Law was promulgated as Law No. 36/1994; Tunisia is a member to the Berne Convention. Although the law was published in the Official Gazette in 1994, until now, no procedure
has been implemented for registering copyright.
Protection is granted to authors of literary, artistic and scientific works whatever the value, kind or purpose or way of expression. Generally, 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 and maybe
protected for the lifetime of the author plus 50 years following his/her death, not including software protection which 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. The Civil Court prosecutes all copyright acts of contravention and is entitled to confiscate revenues and counterfeit copies.
Summary of the Domain Name Registration System
The Tunisian Authorities have, since 1999, allowed for the registration of Domain Names for local companies. The registration can be made in a Native form or a Virtual form. According to the regulations a domain name registration should actively rent a space for the website and have IP numbers for a primary and secondary ISP.
The NIC has no legal obligation to screen domain name registrations; it operates as a 1st come 1st register body. Any legal disputes are forwarded to the courts and are governed by the Common Law; nevertheless, it may request a proof of ownership of the name, by a trademark registration or a company name. Proof that an agent for that name in the country has to be recorded. (See requirements)
Once a court order is issued to cancel or amend the domain name, the NIC will abide by such order. Domain names are non-transferable once registered to an entity unless said entity is bought out or merges with another entity. If an entity is dissolved, the domain names owned by that entity will be reallocated. Domain name has to be renewed yearly or loss of rights will occur.