The Peoples' Democratic Republic Of Algeria
Trademarks Protection Law
Pursuant to law No. 66-57 issued on 19 March, 1966, the Algerian legislator regulates recently the protection of the trademarks following independency. Articles of this law defined the trademark, those which shall not be deemed trademarks, group marks, depositing procedures, registration and publication, the protection period, assignment, forgering marks, the prescribed penalties and the competent courts.
First : Property Rights Of Marks
Article (1)
The industrial mark is compulsory even in case the producer is not handling the marketing of his products himself. The trademark or service mark registration is optional, and yet it may be made compulsory under decisions and according to the products determined by such decisions.
Second : What Is Meant By The Mark
Article (2)
The following shall be considered industrial, trade or service marks:
Family names, pen names, special or optional or invented denominations, signs that serve to distinguish the shape of any merchandise or apparent shapes, labels, coverings, symbols, impressions, stamps, seals, fees stamps, tapes, colors compounds, drawings, photographs or reliefs, letters, figures, emblems, and in general all material features which are fit to distinguish the products or objects or services of each firm. The firm name shall be deemed a mark if it is registered as such.
Article (3)
The use of a family name by a third party as a mark is not considered as prejudicing the rights of the mark's owner if such use is made in a manner and form that preclude confusion. The use of a deceased person's family name requires the consent of his successors.
Article (4)
Marks which are contrary to public order or morality as well as the following shall not be deemed marks or a part of a mark namely, honor signs, flags, other mottos of any country, Red Crosses and Red Crescents, the official stamps for the security of precious metals as well as imitations of nobles' mottos.
Article (5)
No ownership of any mark shall be claimed unless such mark has previously been deposited in accordance with the reservations provided for in the transitional provisions hereinafter. The applicant shall use his mark in the year of filing except in contingent case and with justification. If the mark is not used after the expiry of the above-mentioned period, the filing shall be deemed null and void.
Article (6)
The owner of a mark may object to filing a mark which leads confusion. However, no action to this effect may be filed except after five years as from the date of registration.
Article (7)
Aliens may get benefit of these provisions when they fulfill the procedures adopted accordingly.
Third : Collective Marks
Article (8)
Any legal group or body whose members are mutual interests shall be entitled to secure a certain mark to serve as a collective mark so that the members have the right to place such mark on their products or to use the same in their business dealings.
Article (9)
The group or body who asks for the protection of a collective mark must have its own By-Laws.
The By-Laws of the collective mark shall include:
1. Name of the group.
2. The heading of the mark or its description.
3. Name of members who are licensed to use the mark.
4. List of members who are licensed to use the mark.
5. The conditions of use and in particular those pertaining to the description of products or nature of service.
6. Rights and obligations of members and the penalties to be imposed against them in case of misuse of the mark.
Article (10)
Products for exportation shall bear in addition to the manufacturer's mark, the mark which proves the original denomination or origin.
Article (11)
The collective marks to be placed on the products are subject to the prior consent of the competent authorities.
Article (12)
The collective mark shall be unassignable.
Fourth : Filing, Registration & Publication
Article (13)
The applicant shall provide the competent authorities with the following by a registered letter:
1. An application for registration which includes a specimen of the mark, and a statement of products or services.
2. The cliche (stereotype) of the mark.
3. A receipt of fees.
4. A handwritten power of attorney in handwriting if the applicant is represented by an agent.
Article (14)
Applicants residing abroad shall appoint an Algerian representative who resides in Algeria.
Article (15)
The claim of priority pertaining to a previous foreign filing should be made at the time of filing the mark, or the right of claim shall lapse. Each claim of priority shall be supported by an instrument which proves payment of the payable fees.
Article (16)
Each filing shall be established by a minute which includes the day and the time of the delivery of the documents or the receipt of the mailed envelope. A copy of the minutes is to be delivered or sent to the applicant.
Article (17)
The competent authorities shall register and publish the mark filed legally, and the date of registration shall be the date of filing.
Article (18)
The competent authority shall reject the filing due to an express violation or non-payment of the fees pursuant to the provisions of Article (4).
Article (19)
No Algerian shall claim the protection of a mark filed abroad unless it is already filed in Algeria.
Article (20)
The duration of filing is for ten years, unless it is renewed. Nobody shall be entitled to file a mark legally within the six months following the expiry date of the marks except its former owner or his assigns.
Article (21)
The owner of the mark shall assign the mark regarding the products which are associated therewith or part thereof through a declaration produced to the competent authorities in a registered mail envelope with acknowledgment of receipt. Such assignment is to be entered in the marks register and then published and is effective from the date of receipt.
Fifth : Nullity
Article (22)
Marks devoid of any distinctive feature, in particular if they include characteristics or information from which the limitation of products or quality determination of services, shall be deemed null and void. The same applies to marks which include information intended to deceive the public or prohibited features under Article No.4 .
Article (23)
The filing of a mark shall only be nullified through an order from the court which the main office or the owner's residence or his agent are situated within its jurisdiction.
Sixth : Transfer Of Marks
Article (24)
The rights associated with a mark are wholly or partially transferable either with or without the other elements of the business.
Article (25)
Contracts including title transfer or franchise right or assignment or pledge or release shall be subject to the prior consent of the concerned minister. Such contracts must be confirmed in writing and registered in the marks book; otherwise, such right shall lapse. Ownership and assignment of utilization rights regarding all or any of the products covered by the mark are transferable. Assignment of utilization right may be exclusive to part or whole of a region.
Article (26)
The competent authority shall deliver to the applicant a copy of the entries included in the marks register or a statement of entries which are still registered regarding the awarded marks against mortgage or a certificate which proves the non-existence of any registration. Identification certificates including all particulars contained in the mark registration application may be delivered to the owner of the mark.
Article (27)
Each conclusive judicial judgement for the nullity of a mark's filing must be recorded in the marks register under a notice from the control clerk. Such nullification must be announced by publication.
Seventh : Penalties
Article (28)
Any person who commits any of the following shall be subjected to a penalty of Algerian Pound 1-20 and imprisonment of three months to three years or to either of the two penalties:
1. Any person who counterfeits a mark or uses a counterfeited mark.
2. Any person who fraudulently places a mark owned by another on his products or on objects associated with his business.
3. Any person who intentionally sells or offers to sell one or more products covered by counterfeited marks or by fraudulent means.
Article (29)
Any person who commits any of the following shall be subjected to a penalty of AP 1000 to 15000 and imprisonment of one month to one year or to either of the two penalties:
1. The one who adopts a mark owned by another without counterfeiting it and who fraudulently copies it in a manner that misleads the buyer as well as the one who fraudulently uses a mark.
2. The one who uses a mark which includes particulars meant to deceive the buyer.
3. The one who intentionally sells or offers to sell one or more products covered by a fraudulent mark or whose particulars are sufficient to confuse the purchaser.
Article (30)
Any person who commits any of the following shall be subjected to a penalty of AP 500 to 7500 and an imprisonment of fifteen days to six months or to either of the two penalties:
1. The one who fails to put a compulsory mark on his product.
2. The one who intentionally sells or offers to sell one or more products that do not bear the compulsory mark necessary for this type of products.
3. The one who violates the provisions of Articles 9 and 10.
Article (31)
The adjudicated penalties may be combined by virtue of this law. The severer penalty shall be exclusively adjudicated regarding the preceding acts.
Article (32)
The provisions pertaining to mitigating circumstances and suspension of execution are Articles 28, 29 and 30 in case of recidivism or in case of infringement rights of public or private sector. Recidivism shall be applied if a judgment is passed against the offender within the preceding five years for the commitment of any of the misdemeanors provided for herein.
Article (33)
The provisions associated with the mitigated circumstances and suspension of execution are applicable to misdemeanors provided herein.
Article (34)
Furthermore, misdemeanor offenders may temporarily be deprived from the right of election in their trade. The court may order to advertise the judgment in places designated by it and publish it fully or abridged in the newspapers it deems fit at the expense of the judgment debtor.
Article (35)
In addition to the punishments provided for in Article 28, 29 and 30, the court may order even in case of acquittal to confiscate the product and equipment which may be the subject matter of the misdemeanor and order in all cases to destroy the clich‚s and the concerned mark models.
Article (36)
In a case provided for in Article 30, the court shall always order to put the compulsory marks on the products in question.
The court may order to confiscate the products if the offender was adjudicated for the commitment of any of the provisions contained in Article 30 above within the preceding five years.
Eight : Courts
Article (37)
Civil actions related to marks are to be brought before the courts. In case of a crime, the competent court shall decide the exclusion related to the ownership of the mark.
Article (38)
The person concerned may ask the Chief Judge to conduct the detailed description with the assistance of an expert if it is required either with or without the confiscation of the goods which he claims that they are marked with a detrimental mark.
The order shall be passed only according to an application and after having the mark registered. If the confiscation is requested, the judge may ask the petitioner for a bail, and yet such bail is still imposed against the foreigners. The owners of the described or confiscated objects shall be provided with a copy of the order if required with a copy of the contract proving the deposit of the bail. Otherwise, the application shall be invalid and a compensation shall have to be claimed.
Article (39)
If the applicant fails to recourse to the judicial authority either through civil or misdemeanor means within one month, the description or confiscation shall be deemed invalid under the law without prejudice to the claimed remedy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Abu-Ghazaleh Intellectual Property Bulletins
For further information you make also like to view the Intellectual Property Bulletins published monthly by The Abu-Ghazaleh Group.
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