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Algeria - Jurisdictions

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Algeria
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO, Berne Convention, Madrid Agreement and Paris Convention
    • CLASSIFICATION:
      10th edition — multiclass application
    • CLAIMING PRIORITY:
      Possible
    • SEARCH/TIME FRAME:
      Possible for word and device marks / 7 – 9 working days
    • EXAMINATION:
      On formal, absolute, and relative grounds
    • EXTENSION OF TIME:
      Possible for responding to office actions
    • VALIDITY:
      10 years as from the filing date
    • RENEWAL:
      For unlimited period of 10 years each
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 3 consecutive years after filing date
    Requirements:
    1. A simply signed Power of Attorney for each application; and
    2. A certified copy of priority application, if priority is claimed.
    Time frame:
    1. Opposition Period: No provisions for filing opposition
    2. Total estimated time frame: 24 to 48 months
      The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.
Renewal
    Filing Requirements:
    1. POA in French, simply signed; and
    2. Declaration of use, simply signed.
      • May be recorded for applications and registrations
Change of Name or Address
    Filing Requirements:
    1. POA in French, simply signed; and
    2. Certificate of change of name with sworn French translation, notarized.
      • May be recorded for applications and registrations
      • No additional documents are required other than the POA for change of address
Assignment
    Filing Requirements:
    1. POA in French, simply signed; and
    2. Deed of assignment, signed by both parties with sworn French translation, legalized.
      • Applications and registrations may be assigned with or without the goodwill of the business concerned
      • May be recorded for applications and registrations
Merger
    Filing Requirements:
    1. POA in French, simply signed; and
    2. Certificate of merger, simply signed by both parties with sworn French translation.
      • May be recorded for applications and registrations and applications
License
    Filing Requirements:
    1. POA in French, simply signed; and
    2. License agreement with sworn French translation, legalized
      • License recordal is compulsory in order to be effective against third parties
      • May be recorded for applications and registrations
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Patent applications are searchable by title and patentee name at the patent office
    • EXAMINATION:
      As to form, novelty, inventiveness, industrial applicability, unity and compliance
    • PUBLICATION:
      Applications are published after grant in the official gazette
    • OPPOSITION:
      There are no provisions for oppositions
    • ANNUITIES:
      Due annually on the anniversary of the international filing date and payable on pending applications. 6-month grace period for late payment with a surcharge
    • PROTECTION TERM:
      20 years from the international filing date
    Requirements:
    1. A simply signed Power of Attorney;
    2. A simply signed Deed of Assignment, if the applicant is not the inventor;
    3. Three copies of summary, specifications, claims and drawings, if any;
    4. A certified copy of priority document for claiming a convention priority; and
    5. A copy of the PCT application as published with the search report & preliminary examination report; in case of entering a National Phase under the PCT scheme.
Change of Name or Address
    Filing Requirements:
    1. A simply signed Power of Attorney;
    2. Extract from the Commercial Register, showing old and new names/addresses, legalized; and
    3. If new name, then new POA, legalized.
License
    Filing Requirements:
    1. POA, simply signed.
      • The patent may be subject to compulsory licensing according to the provisions in the law
DESIGN
Information
    Information:
    • PROTECTION TERM:
      10 years from filing date
    • EXAMINATION:
      As to form only
    • APPLICATION WITH MULTIPLE FIGURES:
      Admissible
    Requirements:
    1. A simply signed Power of Attorney;
    2. 7 identical copies or representation of the design; and
    3. A certified copy of the priority document, if priority is claimed.
      • POA and copies or specimens of the design must be submitted at the time of filing
      • Copy of priority document may be submitted within 6 months of filing date
COPYRIGHT
Information
    Information:
    • MEMBER OF BERNE CONVENTION:
      Yes
    • REGISTRATION:
      Possible for nationals only
    • DURATION:
      In general, the duration is the artist's life, with the addition of 50 years starting from the beginning of the calendar year following the artist's passing
    • WORKS PROTECTED:
      Written literary works; All theatre plays, drama, musical and rhythmic works and pantomimic works; Musical works; Cinematographic works and other audiovisual works; Works of plastic and applied arts; Drawings, diagrams, architecture, and technological installations; Charts, maps, and drawings related to topography, geography or sciences; Photographic works and works expressed in a manner similar to photography; Clothing innovations for fashionable apparels and scarves; Translation and adaptation works, musical distributions, editing reviews, and other original alterations of literary or artistic works
    • PENALTIES:
      Penalties include payment of fines of up to 1,000,000 Algerian Dinars (approximately 14,000 US Dollars), as well as legal prosecution resulting in a maximum of 3-year imprisonment terms
DOMAIN NAME
Requirements
    Requirements:
    1. Application form;
    2. Signed Power of Attorney; and
    3. Copy of trademark registration certificate (Copy of Certificate of Commercial registration in Algeria is required if no trademark registration is available).
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