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Custom Recordal of IPRs in Algeria

Algeria

Custom Recordal of IPRs
Yes
No
No
The laws are as follows:
  • The Law No. 79-07 of July 21st, 1979, as amended and supplemented, with the Customs Code (Articles 22, 22a, 22b, 22c);
  • The Law No. 07-12 of December 30th, 2007 Finance Act for 2008 (Articles 41-45); and
  • The Customs Code (Articles: 28, 29 and 51).
Custom Recordal of IPRs is effective both on the import and export of goods.
It is the role of the customs to keep a constant check on the goods being imported and exported concerning their authenticity. Where goods of infringing nature are suspected, the same are detained and communicated across to both the parties - the alleged infringer and the rights holder. The customs are responsible for their detention until the final decision of the Court.
The documents to be submitted are as follows:
  • Power of attorney, legalized up to the Algerian Consulate
  • Copy of registration certificate of the trademark to be recorded
  • Letter of commitment in French signed under the company’s seal or letterhead and duly legalized before the Algerian Consulate
  • Photos and other information about the original and counterfeit products
Yes, the system is centralized.
No
The term of Custom Recordal of IPRs in Algeria is 01 year, which can be further renewed for subsequent years until the termination of such rights in the IPR.
Yes
The goods are suspended from clearance if the customs believe that the goods could be infringing in nature due to a certain degree of similarity and imitation of original marks borne on the goods.
Yes
Yes
Yes
The agents will have 07 to 10 days to confirm if the suspected products are counterfeit or not from the day the suspicion is alerted.
Yes
10 days
Products suspected of being counterfeit will be suspended by the Customs, and the rights owner as well as the importer will be notified immediately.
Yes, in case of confirmation, a legal action must be filed before the court in Algeria within 10 working days to obtain a court decision; otherwise, the suspected goods will be cleared. Meanwhile, the procedures and the local laws that do not affect parallel import of genuine products by different parties cannot be suspended.
No
Other documents as may be required by the court may have to be produced from time-to-time.
The possible remedies awarded by the court include destruction of goods, Imprisonment from 01 to 06 months, and an estimated fine ranging between 40,000 AD and 400,000 AD.
No