Legislation
National legal legislation includes Decree No. 93-17, December 1993, concerning
the Protection of Inventions, Decree No. 66-60 of March 1966 concerning
patents and Inventors Certificates, Decree No. 66-57 on trademarks of March
1966, Decree No. 66-86 of April 1966 on Industrial Designs, Law No. 97-10
of March 1997, on Copyright and Related Rights and Decree No. 76-65 of July
1976 on Appellations of Origin/ Geographical Indications/Indications of
Source. Algeria is a member of WIPO since April 1975. In an effort to bring
domestic legislation in conformity with TRIPS, new intellectual property
laws are enacted. Algeria is a signatory of the Paris Convention as of March
1966, the Madrid Agreement (International Registration of Marks) as of July
1972, the Madrid Agreement (False or Deceptive Indications of Source on
Goods) as of July 1972, NICE Agreement (Appellations of Origin) since July
1972, the Berne Convention as of April 1998, the PCT (Patents) as of March
2000, and PLT (Patent Law Treaty) as of June 2000
Algeria
Patents Registration
Applications for a grant of a patent or design are filed with the Patent
Office administered by the National Algerian Institute for Industrial Property
which operates under the supervision of the Ministry of Industry. If the
Patent Office declines to accept the unity of the patent, the applicant
had to respond within 6 months. In the event of a response a two months
period is permitted to rectify irregularities. Divisional applications are
considered. Appeals against the decision of the Registrar of Patents as
regards applications are made by a petition to the competent court within
30 days from the date of notification. Once a patent application is accepted,
it will be published and recorded in the Official Gazette. Validity term
is twenty years from the date of filing subject to payment of annuity fees
within the last month of each year. The patentee had to put the patent into
operation within a period of 4 years as from the date of filing or 3 years
as from the date of grant. Assignment must be recorded within a period of
6 months from the date of grant. Infringement proceedings can be pursued
on civil or criminal basis as the nature of the case may be. Relief would
be granted including confiscation and destruction of infringed produces
or compensation in damages for losses sustained.
Formal filing requirements for a non-PCT application are as follows:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business
A simply signed power of attorney in French.
Three copies of the specification, claims in French and Arabic or
English.
Three sets of the formal drawings. An abstract in the range of 100
words in French including a translation into Arabic or English.
A simply singed Deed of Assignment of the invention if the applicant
is not the inventor.
A duly certified copy of the priority document, if priority is to
be claimed.
NOTE: Documents required for mandatory formal filing
are: particulars of the applicant, title of the invention in French,
specification, claims, formal drawings and an abstract in French, Arabic
or English. Details of the priority document may be presented within
a three months period. Other documents may be presented within a time
span no exceeding two months.
Formal filing requirements for filing a PCT application are
as follows:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
A simply signed power of attorney in French.
Copy of the specification, claims, drawings and an abstract as published
by WIPO.
Copy of PCT international advertisement.
Copy of the International Search Report.
Copy of the International Preliminary Report.
Copy of any changes, if any, made during the international phase
process at WIPO.
An abstract in French and Arabic.
NOTE: Documents required for mandatory formal filing are:
Particulars of the applicant, title of the invention in French, copy of
the specification, claims, formal drawings, and an abstract as published
by WIPO. Other indicated documents may be filed within a two months period.
Patent annuities.
A simply signed power of attorney in French.
Particulars of the applicant.
The number and date of filing of the patent.
Changes.
Change of the owner's name.
change of the owner's address
assignment
licensing contract
mergers
Formal requirements:
A simply signed power of attorney in French.
A duly executed Deed of Assignment.
A duly executed contract of licensing.
A duly certified merger instrument.0
A duly certified instrument of change of name and/or address.
Original letters of patent for endorsement purposes.
Trademarks / service marks
Algeria Trademarks Office, administered by the National Algerian Institute
for Industrial Property Office under the supervision of the Ministry of
Industry will examine the application to ensure formal compliance. Once
formal compliance is secured, the application will be published in the Official
Gazette, and hence the Certificate of Registration will be issued. The International
Classification of Goods and Services is followed (Nice Classification).
Collective marks could be registered. The term of validity for a duly registered
trademark is 10years as from the date of filing, and is renewable for similar
periods subject to payment of the prescribed fee; nonetheless a period of
6 months grace is allowed. A trademark may be assigned with or without goodwill;
however an assignment must be recorded as provided for under the law. A
trademark may be cancelled, if an interested third party established cogent
grounds showing non-use for a period of one year as from the date of registration.
A cancelled trademark cannot be registered in the name of a third party
unless three years had passed from the date of cancellation. Infringements
proceedings may be raised to the competent court as the situation dictates.
Infringement actions of a criminal nature shall be presided over by a criminal
court where confiscation and destruction of the infringed goods is required.
On the other hand, civil actions are raised before a civil court where a
claim for compensation for losses and damages is required.
Formal filing requirements are as follows:
Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
A simply signed power of attorney in French.
Printing block and 16 prints not exceeding 9 centimeters.
Complete list of goods and services to be covered by the registration.
A certified copy of the priority document if priority is to be claimed.
This document must be presented within a period of six months from the
date of filing.
Changes.
Alteration of goods and services.
Alteration of a registered trademark.
Voluntary cancellation of a registration.
Change of name and/or address of the owner.
Assignment of the registration.
Licensing contract.
Formal requirements:
A simply signed power of attorney in French.
A duly certified instrument of change of name and/or address.
Original certificate of registration / renewal as the process required.
A deed of assignment duly executed.
A duly executed licensing contract.
Designs.
The international Classification of Industrial Designs is maintained. Examination
is confined to form. Once an application is filed it will be examined as
to form and it will be provided with a filing date. Accepted applications
will not published during the first year unless the proprietor so requests.
During the first year the design will be kept secret. Normally, applications
will be published after expiry of the first year. At this point of time,
the Certificate of Registration will be issued and a notice of acceptance
is published in the official Gazette. No opposition can be considered. Protection
extends for a period of 10 years divided into two terms. The first term
represents the first year; the second term represents the succeeding nine
years. An applicant must indicate his desire for the nine year extension
either upon filing or within the first year, otherwise the registration
will be deemed as cancelled or expired. However, a grace period of 6 months
is permitted. An assignment is required to be recorded and its publication
is mandatory for the purposes of being effective against third parties.
The owner of the design is entitled to seek legal means as when an infringement
act has been committed in a manner as would be adverse to his rights in
the design.
Formal filing requirements.
A power of attorney simply signed for each application.
Name and address of the applicant including nationality, his domicile
and the address of place of business.
A duly signed deed of assignment if the inventor is not the applicant.
Six copies of the design representation or two specimens of the actual
design. It is preferable to submit pictures of the design rather than
provide a description
A certified copy of the priority document if priority is to be claimed.
Copyright.
Copyrights are governed by copyright law No. 97-10 of March 1997 on Copyright
and Related Rights. The moral rights are granted to the author, irrespective
of the owner whether a legal entity or a natural person. Registration is
processed at the National Copyright Office, under the supervision of Ministry
of Culture and Communications. Registration is not obligatory; however registration
shall be looked upon as a reliable reference to copyright information. The
copyright law provides protection, among other things, for original intellectual
works in arts; literature and science whatsoever their value, the underlying
purposes behind their creation or the manner of expression, insofar, as
the prescribed provisions called for under the law have been observed. The
protection embraces a wide spectrum including, inter alia, written literal
works, computer software and translations of original works.
Protection under the copyright law ends 25 years after the death of the
author. However, if the copyrighted substance is owned by a legal entity
rather than a natural person, the 25 years protection shall begin on the
date the material was first published. The author may assign the rights
granted to him subject to prescribed terms and conditions.
The law provides for permitted use in a clearly defined situations such
as using the work of art for the user's private or personal purposes, utilizing
the works for illustration or explication purposes including quoting paragraphs
from the work, and reproduction of the work for academic purposes by public
libraries, universities, and other educational institutions, and non-commercial
documentation centers, and cultural and scientific institutions, provided
however that the copies reproduced shall not exceed reasonable needs. The
Ministry of Culture and Communication has the right to publish the copyrighted
work, if the author or his heirs failed to publish the copyrighted work
within one year after being notified thereof, however a fair compensation
shall be paid to the author or heirs.
The author has exclusive wide latitude to commercially utilize his work
within the bounds prescribed by law. Again, he has the right to maintain
his copyrighted works by means of infringement actions to deter others from
encroachment as to his rights. He may trigger a criminal action or a civil
action as the facts of the infringement act warrant.
Formal filing requirements.
A simply signed power of attorney.
Name and address of the applicant including his nationality, his
domicile and the address of his place of business.
Three copies of the work required to be protected.
A duly executed and authenticated deed of assignment if the applicant
is not the author.
