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Enforcement of IPRs in Algeria

Algeria

Enforcement of IPRs
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.
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.
No
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)
Patents, Trademarks, Copyright and Related rights, and Layout Designs of Integrated Circuits are the different types of IPRs protected by IPR enforcement 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.
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.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Yes
Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
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.
No
Yes
Yes
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
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.
No
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.
Yes
Yes
The remedies available under border control measures (customs) in Algeria include the destruction of infringing goods.
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court Proceedings
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.