Country Data
| Official Name: | People’s Democratic Republic of Algeria |
|---|---|
| Capital: | Algiers |
| Area: | 2,381,741 sq km |
| Population: | 44,700,000 (2021 estimate) |
| Official Language: | Arabic, Berber |
| GDP: | US$ 684.649 billion (PPP, 2019 estimate) |
| Currency: | Algerian dinar (DZD) |
| Work Days: | Sunday – Thursday |
Conventions/ Treaties
- Paris Convention (effective since March 1, 1966)
- Locarno Agreement on International Classification for Industrial Designs (effective since October 8, 1968)
- Nice Agreement (effective since July 5, 1972)
- Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (effective since July 5, 1972)
- Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (effective since July 5, 1972)
- Madrid Agreement Concerning the International Registration of Marks (effective since July 5, 1972)
- WIPO Convention (effective since April 16, 1975)
- Nairobi Treaty on the Protection of the Olympic Symbol (effective since August 16, 1984)
- Cultural Charter for Africa (effective since September 19, 1990)
- Berne Convention for the Protection of Literary and Artistic Works (effective since April 19, 1998)
- Patent Cooperation Treaty (effective since March 8, 2000)
- Patent Law Treaty (effective since June 2, 2000)
- Rome Convention (effective since April 22, 2007)
- WIPO Copyright Treaty (effective since January 31, 2014)
- WIPO Performances and Phonograms Treaty (effective since January 31, 2014)
- Madrid Protocol (effective since October 31, 2015)
- Beijing Treaty on Audiovisual Performances (April 28, 2020)
National Legislation
- Ordinance No. 03-06 of 19 Joumada El Oula 1424 corresponding to July 19, 2003 on Trademarks
Basic Information
| Creation of rights: | First-to-file jurisdiction (subject to occasional exceptions) |
|---|---|
| Basis for filing: | Intent to use acceptable – prior use is not a prerequisite. |
| Well-known marks: | Though well-known marks are recognized in the national legislation, local notoriety thereof is an essential requirement. To ensure full protection, obtaining local registration of the mark is highly recommended |
| Types of marks: | Trademarks, Service Marks, Collective Marks |
| Priority: | 6-month priority claim under the Paris Convention. |
| Madrid System: | Available – Algeria is a member of Madrid Union. |
| Filing system: | Multiple-class filing is available. |
| Classification: | Nice Classification 11th edition. |
| Who can be Applicant: | (1) Individuals; (2) Corporate entities; (3) Joint application |
| Examination: | On formal, absolute and relative grounds. |
| Publication: | In the Official Gazette after registration |
| Opposition period: | No provisions in the Law for opposition. However, nullification or cancellation of registered marks may be sought on certain grounds |
| Duration of registration: | 10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within one year preceding the expiry date. |
| Renewal grace period: | 6 months |
| Use requirement: | There is no use requirement for the registration of a mark – However, a trademark registration becomes vulnerable to cancellation in case of its non-use for a period of 3 consecutive years upon the request of an interested party. |
| Registration timeframe (straightforward case): | 18 to 24 months (approximately) |
Search
| Official Search: | Available for word marks and device marks |
|---|---|
| Scope of search: | Includes all similar or identical applied-for and registered marks |
| Turnaround time: | 5 to 10 working days |
Ways to obtain protection
- National application without or with priority claim under the Paris Convention
- Applications under the Madrid System (under both the Agreement and the Protocol) designating Algeria
Filing Requirements
New Applications
- A simply signed Power of Attorney from the applicant in French or Arabic or with verified French or Arabic translation. A separate Power of Attorney is required for each application.
- A certified copy of the priority document with verified French or Arabic translation, if priority is claimed.
Renewal of Registration
- A simply signed Power of Attorney from the proprietor in French or Arabic or with verified French or Arabic translation.
- A declaration or proof of use of the mark.
Change of Name / Address Recordation
- Simply signed Power of Attorney in the new name / address of the trademark owner in French or Arabic or with verified French or Arabic translation.
- A certified copy of Certificate of Change of Name / Address of the trademark owner with verified French or Arabic translation; duly legalized up to Algerian Consulate.
Assignment Recordation
- Simply signed Power of Attorney from the Assignee in French or Arabic or with verified French or Arabic translation.
- Deed of Assignment with verified French or Arabic translation; duly legalized up to the Algerian Consulate.
Merger Recordation
- Simply signed Power of Attorney from the surviving entity in French or Arabic or with verified French or Arabic translation.
- Merger document with verified French or Arabic translation; duly legalized up to the Algerian Consulate.
License Recordation
- Simply signed Powers of Attorney from the Licensor and the Licensee in French or Arabic or with verified French or Arabic translation.
- License Agreement with verified French or Arabic translation, duly legalized up to the Algerian Consulate.
National Legislation
- Order No. 03-07 dated 19 Jumada I 1424 corresponding to July 19, 2003 related to Patents of Invention
Ways to obtain patent protection:
- National Filing
- PCT National phase application
Basic Information
| Claims admissible for: | 1) Process; and 2) Product |
|---|---|
| Novelty requirement: | Absolute |
| Convention priority: | Available (12 months) |
| PCT national phase entry deadline: | 31 months |
| Search: | Available by title or name of the patentee. |
| Examination: | With respect to form, novelty, inventiveness, industrial applicability, unity, and compliance |
| Publication: | Publication takes place in the Patent Gazette after formal acceptance. |
| Opposition period: | There is no provision in law for filing of opposition. |
| Protection term (patent): | 20 years from the filing date and in case of the PCT national phase applications, from the international filing date. |
| Annuity payment: | Becomes due annually on the anniversary of the filing date and payable prior to grant. For patents filed under the PCT, annuity payment becomes due on the anniversary of the international filing date and payable prior to grant. |
| Grace period for late annuity payment: | 6 months with a late payment fee. |
| Working/ Compulsory License: | If the patent is not fully exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, the patent will be subject to compulsory licensing in accordance with the provisions of the Patent Law. An extension for a two-year term is possible upon a request of the owner of patent with cogent reasons for delay. |
| Patent grant timeframe (straightforward case): | 2 to 3 years (approximately). |
Filling Requirements
For non-PCT Applications
- Patent specification, claims, drawings and abstract;
- Title and abstract of invention in Arabic and French;
- French or Arabic translation of patent specification, claims, drawings and abstract;
- Simply signed Power of Attorney from the applicant in French or Arabic or with verified French or Arabic translation;
- Assignment of Invention and priority rights, executed by the inventor(s) if the applicant is not the inventor;
- Certified copy of the priority document with French or Arabic translation, if applicable (not required for PCT applications).
For PCT national phase application in Algeria, the following items would also be required:
- Copy of International Publication with patent specification, claims, drawings, and abstract, with French or Arabic translation;
- Copy of International Search Report with French or Arabic translation;
- Copy of International Preliminary Examination Report (if available), with French or Arabic translation.
National Legislation
- Ordinance No. 66-86 of April 28, 1966 Relating to Designs
Ways to obtain protection for design:
- National filing
- Application with priority claim under the Paris Convention
Basic Information
| Types of designs: | (1) Drawings; and (2) models. |
|---|---|
| Novelty: | Novelty is a prerequisite for the designs to afforded registration. |
| Multiple figures: | The application may comprise a number of designs not exceeding 100, provided that all such designs relate to objects of the same kind. |
| Convention priority: | 6-month priority may be claimed. |
| Locarno Classification: | The Locarno International Classification is followed for filing the design applications. A separate application is required to be filed for each class. |
| Examination: | Industrial design applications are subjected to examination as to form. |
| Publication: | A successful application is kept secret and not published for one year unless requested otherwise by the applicant. After the first year of period of protection, the acceptance notice is published in the Official Gazette of Trademarks and Industrial Designs. |
| Opposition: | There is no provision in law for filing of opposition. |
| Protection term: | 10 years from the filing date which is divided into two terms; initial protection is for 1 year and the second term is 9 years. |
| Annuities: | Annuity is payable from the first anniversary of the filing date until the expiry of the protection period. |
| Annuity grace period: | 6 months |
| Registration timeframe (straightforward case): | 18 to 24 months (approximately). |
Filling Requirements
- Representations (drawings/ photographs) of the design.
- Simply signed Power of Attorney from the applicant in French or Arabic or with verified French or Arabic translation.
- Assignment deed duly executed by the creator/ author of the design in favor of the applicant with French or Arabic translation.
- A duly certified copy of priority document with French or Arabic translation, if priority is claimed.
National Legislation
- Ordinance No. 03-05 of 19 Joumada El Oula 1424 corresponding to July 19, 2003, on Copyright and Related Rights
Basic Information
Works protected: The copyright protection under the Algerian Copyright Law specifically covers: written literary works such as: literary attempts, scientific and technical research, novels, stories, poems, computer software, oral works such as lectures, speeches and sermons and the like; all theatre plays, drama, musical and rhythmic works and pantomimic works; musical works, chanted or silently acted; cinematographic works and other audio video works whether accompanied or not with sounds; works of plastic and applied arts such as: drawing, oil painting, sculpture, carving, lithography and Zaraby art; drawings, diagrams, mini-geometrical models of art, architecture and technological installations; charts, maps, and drawings related to topography, geography or sciences; photographic works and works expressed in a manner similar to photography; clothing innovations for fashionable wears and scarf; translation and adaptation works, musical distributions, editing reviews, and other original alterations of literary or artistic works, – collections and selections of works, collections of traditional cultural heritage and databases whether reproduced on a medium capable of being utilized by a machine or in any other form, of which the originality come from the selection of their materials or their order; the title of the work (if original).
Exceptions to copyright protection: The following are specifically excluded from copyright protection: mere ideas, concepts, principles, systems, processes, procedures, operating methods, linked to the creation of works of the mind.
Duration of copyright: Copyright protection term is 50 years, starting from the first day of the year following the death of the author, in addition to the lifetime of the author.
Registration timeframe: 1 to 2 months (approximately).
Note: Algeria is a party to the Berne Convention for the Protection of Literary and Artistic Works and accordingly protection is automatic in Algeria and no local filing is required.
