Algeria

General Information

• Capital: Algiers
• Population: 31.2 million
• Area: 2 381 741 km2
• Languages: Arabic – official language, French, Berber.
• Exports: Petroleum and natural gas.
• Imports: Machinery and transport equipment; food; basic manufactured goods.
• Currency: Algerian Dinar (DA)

Trade Marks

International Conventions

WIPO, WTO, Madrid Agreement, Lisbon Agreement, Nice Agreement, Nairobi Treaty, Berne Union.

Requirements for Application

(a) Power of attorney (in French), simply signed
(b) A separate document is required for each application.
(c) Fifteen prints and a printing block for the trade mark – word and 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

No provision

Use

Failure to use the trade mark within one year after the filing date or cessation of use for over one year, will deprive proprietor of his rights.

Any interested party may apply for the cancellation of the mark, but only through an order from the court, on the ground of non-use. 

Duration and Renewal

A trade mark registration is effective for an initial period of ten years and, thereafter, renewable for like periods.

Licensing/Registered Users

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

Requirements

(a) License agreement in Arabic or French, or filed with sworn 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 goodwill of the business.

Requirements

(a) Deed of assignment in Arabic or French, or filed with a certified translation;
(b) Power of attorney from the assignee;
(c) Approval by the government.

Marking of Goods

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

Origin marking regulations apply mainly to imported wines, nuts, canned foods, prunes, honey, margarine and various milk products. When imported merchandise bears a trade mark, name or other indication that implies the goods are of Algerian origin, a ‘corrective indication of origin’ is required. The corrective marking must be indelibly applied in Arabic on the goods, the outside packing, and near the indication needing correction.

A law introduced in 1992 bans the import of computers, typewriters and other office machines that do not have Arabic characters. The containers for fresh fruits and vegetables have special labelling requirements.

Patents

General

Patent protection is available by a national filing. Algeria is a member of the International Convention, PCT and WIPO.

Patentable Subject Matter

Inventions that are new, that result from inventive activity and that are capable of industrial application, may be protected by a patent.

The following are not considered inventions:

Principles, theories and discoveries of a scientific nature as well as mathematical methods;
plans, principles or methods to perform purely intellectual or lucid actions;
teaching, organization, administration or managing systems and methods;
methods of treatment of humans or animals by chirurgy or therapy as well as diagnostic methods;
simple presentation of information; creations having an exclusively ornamental character.

The following may also not be patented:

vegetable or animal varieties;
biological processes for obtaining plants or animals with the exception of microbiological processes and products obtained thereby;
micro-organisms stumps;
alimentary, pharmaceutical, cosmetic and chemical products (excluding the process for obtaining such products);
inventions contrary to morality or public order. 

Filing Requirements

Neither legalization nor notarisation of any documents is necessary. The specification must be in French with an Arabic translation.

Novelty

The invention must not have been disclosed by written or oral description, use or other means before the filing date or priority date. Novelty is not destroyed by display of the invention at an officially recognized exhibition, provided the application is filed within six months following the exhibition.

Examination

The application is subjected to formal examination only.

Duration/Maintenance

A patent is valid for twenty years from the date of application. Maintenance fees are payable in advance, the first fee being payable upon filing and annually thereafter as from the filing date.

Working

Working is required within four years as from the date of filing or three years from the grant, in order to avoid compulsory licensing.

Licences/Assignments

Assignments and Licences must be recorded to be effective against third parties.