Tunisia

Filing Trademark Application:

1. A Power of Attorney simply signed and stamped with the Corporate Seal.

2. Six prints and a positive film of the mark.

3. The list of goods or services to be covered by the application.

4. The name, address, nationality and profession of the applicant.

Filing Patent Application:

1. A power of attorney simply signed and stamped with the Corporate Seal.

2. Three copies of the specifications in French.

3. Three sets of the formal drawings.

4. A certified copy of the basic application is required when filing a Convention application. The Priority document should be submitted within 90 days as from the date of application.

If the Assignee applies, it is preferable to file the Deed of Assignment of Priority right signed by the holder of the basic application.

Filing Design Application:

1. A simply signed power of attorney on the letterhead of the applicant’s form.

2. The name, address, nationality and occupation of the applicant.

3. Four copies of the specifications pointing out its novel aspects.

4. The article(s) covered by the design and the material used in producing the design.

5. A brief description of the design pointing out its novel aspects (one page).

6. Four representations (photocopies, photographs or drawings) of the design.

7. A deed of assignment from the inventor to the applicant, if the applicant is not the inventor.

8. A certified copy of the priority document for a convention application (if priority to be claimed).

Filing Copyright Application:

Copyright Law No. 36 of 1994 governs the protection of copyright in Tunisia. Although the law was published in the Official Gazette in 1994, but until now, no procedure has been implemented for the registration of copyright.

Protection is granted to authors of literary, artistic and scientific works whatever the value, kind or purpose or way of expression is. Generally, the protection is provided for the works whose means of expression is writing, sound, drawing, image or motion picture. It also includes creative titles and computer software which are published, acted or displayed for the first time in Tunisia. Such works are protected for the lifetime of the author plus 50 years following his/her death, while the protection period of software is for 25 years from the grant.

The National Council for Culture is entitled to authorize documentary, translations, educational, cultural or scientific use under certain conditions.

The Civil Court prosecutes all copyright acts of contravention and is entitled to confiscate revenues and counterfeit copies.

Tunisia is a member of the Berne Convention for the Protection of Literary and Artistic Works as of December 5, 1887 and the Universal Copyright Convention as of March 19, 1969.

FAQ

Trademarks

• Are there any goods or services for which the mark can not be registered?
  - No.

• Can the trademark application be opposed and what is the opposition period?
  - Yes, it can be apposed within 2 months from the publication date.

• May priority be claimed under the Paris Convention?
  - Yes.

• What is the term of protection of a trademark?
  - 10 years from the filing date.

• Can an assignment be made with or without the goodwill
  - Yes.

• Can one application cover more than one class of goods/services?
  Yes.

Patents

• Can a patent application be filed without its complete documents?
  - Yes.

• Can the specifications or claims be amended?
  - Yes.

• Can a registration be obtained for pharmaceutical products?
  - No.

• What is the term of protection of a patent and from which date is it calculated?
  - 15 years. Extendable for further 5 years.

• Is there a novelty requirement? Is it local or worldwide?
  - Yes, worldwide.

• Can convention priority be claimed?
  - Yes.

• Could annuity payments be made before the granting of the patent?
  - Yes.

• Does the Patent Office publish the patent applications in the Official Gazette?
  - Not yet.

• Is working of the invention required to keep protection in ?
  - Yes.

Designs

• What are the novelty requirements for a design application to be valid?
  - None.

• What is the term of protection of a model or design
  - 15 years (max).

• Can convention priority be claimed in your country?
  - Yes.