Tunisia

Tunisia is situated on the north coast of Africa and is bounded by the Mediterranean Sea to the north and east; Algeria to the west and Libya to the south. The country is divided by the Atlas Mountains in the northern area, which is predominantly forest and agricultural land; and the southern part, which is semi-arid desert.

General information

• Capital: Tunis
• Population: 9.5 million
• Area: 163 610 km2
• Languages: Arabic - official language, French, Spanish, Berber
• Exports: Textiles; agricultural products; phosphates; chemicals
• Imports: Industrial goods and equipment; hydrocarbons; food; consumer goods
• Currency: Tunisian Dinar

Trademarks

Law:

Trade Mark Law no. 36-2001 of 17 April 2001.

International Conventions:

WIPO, WTO, Paris Union, Nice Agreement, Vienna Union, Nairobi Treaty, Berne Union, Hague Union.

Requirements for Application:

(a) Power of attorney, simply signed. A separate document is required for each application.
(b) Ten prints and a photo negative of the trade mark - device marks.

Classification:

International classification of goods and services. A single application may cover more than one class.

Procedure:

Examination as to formal requirements only.

Opposition:

Opposition may be lodged within two months following the publication of the trade mark application. Extension of the opposition period is not possible.

Use:

Failure to use the trade mark for a continuous period of 5 years after the date of application, will render the registered mark vulnerable to cancellation by a third party through a cancellation action before a court.

Duration and Renewal:

A trade mark registration is effective for an initial period of 10 years and, thereafter, re-instate.

Licensing/Registered Users:

Licensing is recognised. Recordation of the licensing agreement is required in order to be effective against third parties.

Requirements:

(a) License agreement, in Arabic or French or accompanied by a verified translation;
(b) Power of attorney from the proprietor;
(c) Power of attorney from the licensee.

Assignments:

Assignments are possible and may be made with or without the goodwill of the business.

Requirements:

(a) Deed of assignment in Arabic or French or filed with a verified translation;
(b) Power of attorney from the assignee.

Marking of Goods:

Notice of registration by use of the legend ‘Marque Déposée’ optional.

Tunisia has complex labelling requirements which vary in accordance with various items. Exporters should contact the importer in this regard. The country of origin must be stated.

Patents

General:

Patent protection is obtainable by way of a national filing. Tunisia is a member of the International Convention, WTO and PCT.

Patentable Subject Matter:

An invention or improvement which can be utilised in industry, or a new industrial product or a new means or new application of a known means for obtaining an industrial result, or an industrial product, is patentable.

The following subject matter is not patentable:
schemes or combinations relating to credit or finance;
inventions contrary to law or morality;
food products or medicines.

Filing Requirements:

Neither legalization nor notarisation is required for any document. A specification in French or Arabic is needed.

Novelty:

An invention is new if it has not been published or publicly used, or otherwise received sufficient publicity to allow it to be put into practice, either in Tunisia or in any other country, before the filing date or priority date.

Examination:

There is no examination as to novelty.

Duration/Maintenance:

A patent is valid for twenty years from the date of filing subject to annual payment of maintenance fees as from the first anniversary of the filing date.

Working:

Working must be effected within three years from the date of filing or two years from the date of grant and must not be interrupted for two consecutive years. Nominal Working by means of direct offer or advertisement is sufficient.

Marking:

Marking is optional. If a patented article is marked "Brevete", that word must be followed by "sans garantie du government tunisien", or "S.G.d.G".

Licences/Assignments:

Licences and Assignments must be recorded with the Court of First Instance of Tunis in order to be effective against third parties.