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Enforcement of IPRs in Tunisia

Tunisia

Enforcement of IPRs
There are certain hotspots like Djerba, Hammamet, Mahdia, and Tunis where counterfeits are readily available due to cheaper prices and quality. This also projects a weakness of the administrative system to detect and pre-empt such kind of goods to be circulated amongst the masses.
Medicines, antiques, and gemstones, are the goods that most often face counterfeiting and piracy in Tunisia.
Yes
They are as follows:
  • The Trademark law No. 36 dated 17/4/2001
  • The Law no. 36 of 1994 on the Protection of Copyright and Related Rights
  • The Law No. 2000-84 of August 24, 2000, on Patents
Trademarks and Copyright and Related rights are the different types of IPRs protected by IPR enforcement in Tunisia.
As a general rule, foreign natural and legal persons shall enjoy the right to take action in Tunisian courts. Tunisian courts have jurisdiction over cases related to intellectual property rights, including copyright infringement cases, if the protection of such rights is raised in Tunisia; therefore, it is not necessary to be represented by a local advocate as well.
Yes
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
In all cases, the court may permit the publication of the full text of the ruling or a part thereof in the newspapers that it specifies, as well as posting it in the locations it specifies, especially on the main entrances of the laboratories or factories of the convicted and on the facade of his shops at the expense of the convicted.
No
Yes
Yes
A) Responsible Authority - There are no specialized courts for copyright or intellectual property rights (IPRs) in Tunisia. The competent courts are the regular courts (civil, criminal, and administrative). The jurisdiction of the courts depends on the nature and amount of the claim. Where the value of the subject-matter of the proceedings cannot be determined, the court of first instance alone may hear the case and rule at first instance. The court of first instance may hear all cases at first instance, unless expressly provided otherwise by law.
B) Imprisonment Term - Trademarks: up to 06 months; Copyright and Patents: 01 to 06 months
C) Monetary Fine - Trademarks: A fine between five thousand and fifty thousand Dinars (however, in case of recidivism, the penalty maybe doubled); Copyright: between 500 and 5,000 dinars (however, in case of recidivism, the penalty maybe doubled to 10,000 Dinars); Patent: 5,000 to 50,000 dinars
In all the cases, the court may permit the publication of the full text of the ruling or a part thereof in the newspapers that it specifies, as well as posting it in the locations it specifies, especially on the main entrances of the laboratories or factories of the convicted and on the facade of his shops at the expense of the convicted.
No
The option of ADR is not often utilized and put into picture in Tunisia. However, the same may be followed-up in the event where both the parties to the dispute mutually agree to resolve dispute through such out-of-the-court measures.
Yes
Yes
The judicial authorities shall decide the fate of the goods by:
  • Either destroying them under the supervision of authorities; or
  • Excluding them from the commercial circulation provided that this does not damage the interests of the owner of the mark.
The applicant shall bear the costs of customs intervention during enforcement.
If an IP rights holder abuses the enforcement measures, the customs shall no longer be liable to act in furtherance of any application made to detain or suspend such goods for commercial access. Therefore, they may release such goods from detention unless the goods are conceived as being harmful to the consuming audience.
Court Proceedings
No