Is Custom Recordal of Intellectual Property Rights (IPRs) available in Algeria?
Is Custom Recordal of IPRs compulsory in Algeria?
Is it an effective measure to stop the infiltration of illegal and counterfeit products in Algeria?
Which law forms the legal basis for Custom Recordal of IPRs (Border Control Measures) in Algeria?
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).
Is Custom Recordal of IPRs effective on import or export of goods or both?
Custom Recordal of IPRs is effective both on the import and export of goods.
What is the role of the customs department/authority? (Kindly give 2-3 points)
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.
Is there a procedure to record IP with the customs department/authority? If yes, then kindly explain it in brief.
What documents are to be submitted along with the application for Custom Recordal of IPRs?
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
Is the applicant required to execute a bond (against all liabilities and to bear the costs towards destruction, demurrage, and detention charges incurred till the time of destruction or disposal) with the customs department/authority for Custom Recordal of IPRs?
What is the time frame for the customs department/authority to notify the applicants whether their application (for custom recordal of IPRs) is registered or rejected?
Does the customs department/authority have a centralized system or the Custom Recordal is required to be done with each port of entry in Algeria by land, sea, and air?
Yes, the system is centralized.
Is there an online system for Custom Recordal in Algeria?
What is the official fee for Custom Recordal in Algeria?
What is the term of Custom Recordal of IPRs? Can it be further renewed?
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.
Does the customs department/authority have a right to conduct raids and seize the counterfeit goods within Algeria?
In which scenario does the customs department/authority suspend the clearance of imported goods?
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.
Who bears the liabilities and expenses related to suspension of the release of infringing goods?
Is the IP rights holder authorized to examine the goods, the clearance of which has been suspended?
Is the IP rights holder authorized to request the information about the personal details of the importer and additional crucial piece of information concerning the consignment, which has been suspended from clearance?
Can the importer or the authorized representative of the goods, which have been suspended from clearance, request the information of the IP rights holder in question?
Within what timeframe the IP rights holder needs to confirm whether the goods are counterfeit or original after suspension?
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.
Is the IP rights holder required to produce an injunction order or evidence of court proceedings to detain the goods?
If the answer to the above question is 'Yes,' then what is the deadline to do so?
Does the IP rights holder need to pay an additional bond for the detention of goods?
If the answer to the above question is 'Yes,' then to what extent and how is the valuation calculated?
In the scenario where the goods detained or seized are found to be infringing the IPRs of the IP rights holder in question, what steps does the customs department/authority take?
Products suspected of being counterfeit will be suspended by the Customs, and the rights owner as well as the importer will be notified immediately.
Does the customs authority invite the rights holder and importer to join the proceedings? Are there any consequences of failure to join such proceeding, if any?
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.
Before disposal/destruction of infringing goods, does the rights holder need to submit a ‘no objection’ or concurrence document?
Are there any disadvantages of Custom Recordal of IPRs in Algeria? If yes, then kindly give 2-3 points?
If an IP rights holder is not satisfied with the action taken by the customs department/authority, can he/she initiate separate legal proceedings to enforce his/her IP rights?
To establish if the goods are counterfeit before the court of justice, will the affidavit by the IP rights holder suffice or any other documentary requirement is there?
Other documents as may be required by the court may have to be produced from time-to-time.
Upon conclusion of proceedings before the Court of Justice, what are the possible remedies awarded by the court?
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.
Is the rights holder under an obligation to inform customs authority when his Intellectual Property Right ceases to be valid/ he ceases to be the owner of such IPR?