What are the causes of counterfeiting and piracy in Algeria?
Although the legal framework for Intellectual Property Rights (IPRs) in Algeria has improved, it is still weak and the enforcement of the related laws is inadequate.
Which are the goods that most often face counterfeiting and piracy in Algeria?
Counterfeiting is common, especially in cosmetics, clothing and shoes, electrical appliances, automotive aftermarket products, computer hardware components and software, some consumer and food products (such as shampoo and baby formula), and medicines.
Does Algeria have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
No
What are the specific laws/orders/rules laid down in Algeria for the enforcement of Intellectual Property Rights?
They are as follows:
The Penal Code (promulgated by Order No. 66-156 of 18 Safar 1386 corresponding to June 8, 1966, and amended up to Law No. 14-01 of February 4, 2014);
The Law No. 09-04 of 14 Sha'ban 1430 corresponding to August 5, 2009, on Specific Rules on the Prevention and Fight Against Information Technologies and Communication's Crimes; and
The Law No. 15-21 of 18 Rabie El Aouel 1437 corresponding to December 30, 2015, on the Orientation Program for Scientific Research and Technological Development.
(Other ancillary laws can be found at: https://wipolex.wipo.int/en/members/profile/DZ?collection=laws)
What are the different types of IPRs protected by IPR enforcement in Algeria?
Patents, Trademarks, Copyright and Related rights, and Layout Designs of Integrated Circuits are the different types of IPRs protected by IPR enforcement in Algeria.
What are the general IPR enforcement obligations in Algeria?
It is not necessary to use a trademark to enforce the same; however, where a mark is registered and not used for a continuous period of 03 years, it may be contested against. Also, there is no mandatory registration required for enforcement.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Several general principles are important for effective management of IPRs in Algeria. Firstly, it is important to have an overall strategy to protect your IP. Secondly, IPRs are protected differently in Algeria than in any other original domestic jurisdiction. Thirdly, the rights must be registered and enforced in Algeria to be protected righteously.
Is there any limitation period for filing an infringement action?
Which of the following IPR enforcement channels is/are available in Algeria?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Algeria?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Algeria than the ones mentioned above? If yes, then kindly explain in brief.
Other civil remedies in Algeria are as follows:
Temporary or final shutdown of the institution;
The competent judicial authority may, upon the request of the civil party, order the complete or partial publication of conviction rulings in the newspapers it determines, and posting these rulings in the places it determines including the door of convicted person’s dwelling and each institution or party hall owned by him, stipulated that it is on the expense of the latter provided that these expenses do not exceed the ordered fine; and
The delivery of supply, counterfeit copies, or the total value thereof and revenues or revenues’ instalments subject matter of confiscation to the author, any other owner of rights or their successors to be, when necessary, as a compensation for the damage they incur.
What is the approximate timeline of civil litigation related to IPR enforcement in Algeria?
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Algeria? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Algeria for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Algeria corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Magistrate’s Court, Court of Summary, Court of Appeal, and the Supreme Court
B) Imprisonment Term - Trademarks, Patents: Up to 02 years; and Copyright: 06 months to 03 years
C) Monetary Fine - Trademarks, Patents: fined for not less than (2.500.000 A.D) and not more than (10.000.000 A.D); and Copyright: fined for not less than 500000 derhams and not more than 1.000.000 derhams
Are there any other criminal remedies available in Algeria than the ones mentioned above? If yes, then kindly explain in brief.
Other criminal remedies in Algeria are as follows:
Temporary or final shutdown of the institution;
The competent judicial authority may, upon the request of the civil party, order the complete or partial publication of conviction rulings in the newspapers it determines, and posting these rulings in the places it determines including the door of convicted person’s dwelling and each institution or party hall owned by him, stipulated that it is on the expense of the latter provided that these expenses do not exceed the ordered fine; and
The delivery of supply, counterfeit copies, or the total value thereof and revenues or revenues’ instalments subject matter of confiscation to the author, any other owner of rights or their successors to be, when necessary, as a compensation for the damage they incur.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Algeria? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
ADR is not widely practiced. The court proceedings are preferred until and unless the parties to the dispute agree to resort to out of the court settlement measures. The Article 1001 to 1061 of the Algerian Code of Civil and Administrative Procedure provide for ADR-related provisions to be followed while arriving at a conclusive decision.
Are border control measures (customs) available in Algeria for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Algeria?
The remedies available under border control measures (customs) in Algeria include the destruction of infringing goods.
Who must bear the costs of customs intervention during enforcement?
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Which are the best practices for enforcement of IPRs in Algeria?
Court Proceedings
Are there any risks involved in the enforcement of IPRs in Algeria? If yes, then kindly give 2-3 points.
The enforcement of IPRs has long been fraught in Algeria. The rights holders face issues with both access to and effective use of administrative and judicial remedies. Rates of counterfeiting and piracy remain high. The estimated level of software piracy has remained steady at over 80% for almost a full decade.
