ALGERIA - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization. The Conventions regulated for the country are - Berne Convention, Madrid Agreement (Source), Nairobi Treaty, Paris Convention, Patent Law Treaty (signature), Rome Convention, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Lisbon Agreement, Madrid Agreement (Marks), Madrid Protocol, Patent Cooperation Treaty, Locarno Agreement (signature), Nice Agreement.

[email protected]

Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 2 months for late renewals with payment of a surcharge.

Classification:

International classifications of (goods & services) 11th Edition is followed. Multiclass application.

Opposition:

No provision for filing an opposition to the registration of the mark as publication in the Official gazette is after registration.

Power of Attorney:

General Power of attorney is sufficient for continuous applications.

Use Requirements:

A trademark is vulnerable to cancellation before the court by any interested party if there has been no effective use of the mark for a period of 3 consecutive years after filing date.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for application and registrations.

License:

License recordation is compulsory to be effective against third parties and May be recorded for application and registrations.

Merger:

May be recorded for application and registrations.

Change of Name/Address:

May be recorded for application and registrations.

Time Frame:

Conducting search is between 3 to 7 working days, Registration/Renewal process is within 12 to 24 months and Recordation process within 12 to 18 months.

Filing Requirements:

  • Simply signed Power of Attorney.
  • Certified copy of the priority document. If priority is claimed.

Renewal:

  • Simply signed Power of Attorney (in case we are not the agents of record).
  • Simple signed Proof of Use.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment with its French translation signed by both parties duly legalized up to the Algerian Consulate.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement with its French translation signed by both duly legalized up to the Algerian Consulate.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate with its French translation duly legalized up to the Algerian Consulate.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name with its sworn French translation duly notarized (No additional documents for change of address.

Protection Term:

The term of protection is 20 years from the international filing date.

Annuities:

Due annually on the anniversary of the international filing date and payable prior to prescribed annual fees. 6 month grace period for late payment with a surcharge.

Opposition:

Patents are published in the Official Gazette after grant. There is no provision for filing an opposition against the registration of a patent.

Search:

It is possible for patent applications and granted inventions to be searched by title and patentee name.

Examination:

As to form, novelty, inventiveness, industrial applicability, unity and compliance.

Compulsory License:

A patent has to be worked. If the patent is not being fully exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Filing Requirements:

  • Simply signed Power of Attorney in French.
  • Simply signed deed of assignment, if the applicant is not the inventor.
  • Copy of the international publication (for PCT applications).
  • Copy of the international search report (for PCT applications).
  • Certified copy of the priority document, if claiming priority.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment with its French translation signed by both parties duly legalized up to the Algerian Consulate.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement with its French translation signed by both parties duly legalized up to the Algerian Consulate.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate with its French translation duly legalized up to the Algerian Consulate.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name/address with its sworn French translation or extract from the commercial registers with sworn French translation duly legalized up to the Algerian Consulate.

Protection Term:

10 year from filing date.

Examination:

As to form only.

Renewal:

For one term of 9 years.

Applications with Multiple Figures:

Admissible.

Filing Requirements:

  • Simply signed Power of Attorney in French.
  • Certified copy of the priority document. If claiming priority.

Assignment:

  • Power of Attorney simply signed by the assignee.
  • Deed of assignment with its French translation signed by both parties duly legalized up to the Algerian Consulate.

License:

  • Power of Attorney simply signed by the Licensee.
  • License agreement with its French translation signed by both parties duly legalized up to the Algerian Consulate.

Merger:

  • Simply signed Power of Attorney.
  • Certified copy of the merger certificate with its French translation duly legalized up to the Algerian Consulate.

Change of Name/Address:

  • Simply Signed Power of Attorney in the new name/address.
  • Certified copy of the certificate of change of name/address with its sworn French translation or extract from the commercial registers with sworn French translation duly legalized up to the Algerian Consulate.