African Regional Intellectual Property Organization (ARIPO)
Algeria
Angola
Benin
Botswana
Burkina Faso
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Djibouti
DRC
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Equatorial Guinea
Eritrea
eSwatini
Ethiopia
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Gambia
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Guinea Bissau
Ivory Coast
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Republic of the Congo
Rwanda
Saint Helena
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
Somaliland
South Africa
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Sudan
Tanzania
Togo
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Western Sahara
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Zanzibar
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Trade Mark Services & Trade Mark Lawyers
Patent
Design
Algeria
Forms part of
OAPI
ARIPO
International Arrangements
Algeria is a party to the Madrid System for International Registration of trade marks and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.
Classification
Algeria follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.
Registration Procedure
The total time from filing to registration is approximately 48 months. Trade mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. There is no provision for opposition proceedings.
Common Law and Well-Known Trade Marks
Algeria is a first to file jurisdiction and there is no statutory provision for the protection of common law trade mark rights. Well-known trade marks in terms of the Paris Convention are, however, recognised and enforceable in Algeria.
Duration of Registration, Renewal and Non-Use
Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.
A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 3 years after the date of registration.
Customs Recordal
Customs recordals are possible.
Forms part of
OAPI
ARIPO
International Arrangements
Algeria is a party to the Paris Convention for Protection of Industrial Property as well as the Patent Cooperation Treaty (PCT). It is possible to claim priority under the Paris Convention and designate Algeria from PCT applications.
Types of Patents
Patents of invention.
Novelty Requirements
Absolute novelty. A patent will be granted if the invention is found to be novel, inventive and industrially applicable.
Grace Period/Prior knowledge excused
No grace period applicable.
Examination procedure
Only formal examination is conducted.
Duration and Maintenance
A patent has a duration of 20 years from the date of filing.
Working requirement
Patents must be worked within four years of filing or three years from grant, otherwise the government has the power to extend compulsory licenses to other parties.
Forms part of
OAPI
ARIPO
International Arrangements
Convention priority may be claimed through the Paris Convention.
Types of Designs
A registered design may be obtained for the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture materials of the product or its ornamentation and layout designs (topography) for the elements and connections of integrated circuits.
Classification
Classification is done according to the Locarno International Classification of Designs.
Novelty Requirements
A design must be new to be registered, meaning that it must not have been created previously. Prior disclosure does not destroy novelty.
Grace Period/Prior knowledge excused
A grace period of six months is applicable where a design has been disclosed at an internationally recognised exhibition.
Examination procedure
Only formal examination is conducted.
Duration and Maintenance
A registered design has a duration of 10 years from the filing date. The design is registered for a one-year term, which is extendible for another nine years upon payment of renewal fees.
Working requirement
No working requirement applicable.
10th edition