Tunisia Intellectual Property Law
Classification
The International Classification of Goods and Services (Nice Classification) is followed. A single application may cover more than one class.
Convention priority
Tunisia is a member of the Paris Convention. An applicant for a trade mark who has applied for the same trade mark in another Paris Convention member country, is entitled to a priority right. This accords them the same effective date as the first filed application, provided the Tunisia application is filed within six months of such earlier filing date.Application
Applications are filed with the Ministry of Industry and Technology. Applicants residing outside Tunisia must be represented by a local agent.
The following information and documents are required:
- Full particulars of the applicant
- Power of attorney (simply signed), in French
- List of goods and/or services to be covered, with a French translation
- Prints of the mark, for each class
- Certified copy of priority document (if applicable).
Examination/procedure
Applications are examined as to formal and substantive requirements.
As indicated above, a trade mark or a service mark is an apparent sign, which makes it possible to distinguish the goods presented or the services provided by a natural or a juridical person. The distinguishing characteristic of a sign which is to be used as a mark is evaluated with respect to the goods or services to which the mark extends.
The following signs and designations do not contain a distinguishing characteristic:
- Signs or designations which are used in the regular or professional language by necessity to denote the goods or services
- Signs or designations which can be used to denote any quality or attribute of the goods or services, in particular the type, quality, quantity, purpose, geographical origin, or the time of production or provision
-
Signs that are necessitated by the nature or function of the product.
Signs and designations may acquire a distinguishing characteristic through use.
Opposition
Specified third parties may oppose the application within two months from date of publication. Extensions of the time period are available at the discretion of the Registrar.
Duration and renewal
A trade mark registration is valid for an initial period of 10 years from the date of filing, and is renewable for periods of 10 years each, upon payment of the applicable renewal fees. Renewal must be effected within the last six months of the period of validity.
Law
- Law no 94-36 of 1994 on Literary and Artistic Property, amended by Law
no 2009-33 of 2009
Tunisia is a member of the Berne Convention and the WTO/TRIPS.
Note: Reliable and up-to-date information on the copyright laws and their application in individual countries on the African Continent is not always generally available. The commentary given below is based on the information available at the time of writing.
Subject matter eligible for protection
The Law provides for the following works to be eligible for copyright:
- Written or printed works such as books, pamphlets and other writings
- Works created for the theatre or for broadcasting (sound or visual), whether dramatic, dramatico-musical, choreographic or dumbshow
- Musical compositions, with or without words
- Photographic works, and works expressed by a process analogous to photography
- Cinematographic works, and works expressed by a process producing visual effects analogous to cinematography
- Works executed by painting, drawing, lithography, etching or woodcutting and other similar works
- Sculpture of all kinds
- Works of architecture, comprising also designs, models and the mode of construction
- Tapestries and articles of artistic handwork, including drawings or models
- Maps, drawings and graphics and three-dimensional reproductions of a scientific or artistic nature
- Lectures
- Works inspired by folklore
- Computer software
- Translations and arrangements or adaptations of the above works.
Copyright shall also apply to derivative marks.
Requirements for subsistence of copyright
There is no requirement for registration. For a work to qualify for protection, the author must be a national of Tunisia, or domiciled in Tunisia. Alternatively, the work must have been made or first published in Tunisia. Works of architecture must have been erected in Tunisia.
Copyright protection is also extended to persons who are citizens of, or domiciled in a country which is a party of a treaty of which Tunisia is also a party, and which provides for equivalent copyright protection.
Authorship and ownership of copyright
The ownership of copyright in a work is applicable to the author even if the work was done in terms of the author’s employment with a public or private employer. The ownership in this context refers to the economic rights inherent in copyright. The economic rights may be transferred or licensed.
The author shall also have the moral rights pertaining to the work; these include the right to claim authorship, the right to remain anonymous, and the right to object to distortion or mutilation of the work.
Duration of copyright
In the case of all works except photographs, the copyright endures for the lifetime of the author plus 50 years. In the case of photographs, the duration is 25 years from the year in which the work was made.
Protection afforded by copyright
Copyright confers on the owner the exclusive right to do or authorise the doing in Tunisia of any of the following acts:
- The reproduction of the work in any material form
- The communication to the public of the work by any means, such as performances by means of
- A diffusion medium
- Broadcasting means
- Modes of transmission by cable or telecommunication
- The communication of a broadcast work to the public by wire, loudspeaker or other transmission device
- The translation or adaptation of the work.
Assignment and licensing of copyright
Copyright is transmissible by way of assignment and may be licensed.
Copyright infringement
Copyright is infringed by any person who, without the licence of the owner, does or causes to be done any of the acts reserved for the copyright owner, or who imports an article which he knows to be an infringing article otherwise than for private use.
Infringement proceedings
Infringement proceedings may be instituted by the owner; the relief may include damages.
Criminal offences
Certain infringing acts constitute criminal offences, unless the offender can prove that he acted in good faith.
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