- Activities & Services
- Patents
- Marks
- Plans & Models
- Domain names
- Patents
- Summary
- Required documents
- laws
- Marks
- Summary
- Required Documents
- laws
- Plans & models
- Summary
- Required documents
- laws
- Domain names
- Summary
- Required documents
- Counterfeit
- Technical translation
Designs & Models SUMMARY
♦ TRANSFERS OF DESIGNS OR MODELS Are considered as designs, any assembly of lines, colors, meant to give a special appearance to any industrial or handcrafted object, and as model, any plastic form associated or not to colors and any industrial object which could serve as type to manufacture other units which can be distinguished by its configuration from similar models. Only original and new designs benefit from the protection awarded by the present order. A design or a model is new if it has not been already created. If an object can be considered at the same time as a design or a model and as a patentable invention, and that the constitutive elements of the novelty are inseparable from those of the invention, the said object will be protected as a patent of invention. The publicity attributed to a design or a model prior to its filing leads to neither the expiry of the priority right nor the protection granted by the the order related ot the designs and models for anything related to the actions prior to the filing. Any design or model which appears in an official or known as such exposition, benefits from the temporary protection. If the holder performs the filing thereof in a period of six (6) months starting from the day of the exposition of the design or model, with, as a support, a guarantee certificate delivered during the exposition, they will benefit from a priority right. A filing can include between 1 and 100 models targetted to be integrated in symbols of the same kind. Anyone who would like to claim a priority for a prior foreign filing, has to attach to the design or model filing an identity certificate of the design or model by the administration of the country of origin. The protection term granted by the order herein to each design or model, is of 10 years starting from the filing date. This duration is devided in two terms ; the first of one year, the second of nine years which is subject to payment of a maintenance tax. During the first protection term, the design or model filing remains secret if the applicant or their successors-in-interest do not request its publication. A period of six months is granted for the implementation of these formalities. The maintenance of a filing can concern all or some of the designs or models. At the expiry of the first protection term, the design or model, of which the protection is extended for the second term of nine years, is compulsorily made public.
The design or model holder can, by contract, transfer all or part of their rights to others. The acts containing either property transfer, or grant of exploitation right or cessation of this right must, subject to nullification, be recorded by writing and filed in the design and model special register.
Any harm made against the design or model holder rights, is ground for a counterfeit offence. In case of recidivism or if the offender is a person who has worked for the harmed party, it is pronounced besides, against the charged person, a sentence of one to six months of imprisonment. These convictions are doubled when the harm is against the rights of self-managed and state sectors. The court can order the publication of the judgment in the places that it defines and its full or partial insertion in the newspapers that it appoints, all at the expense of the condemned. It can order the seizure, to the benefit of the harmed person, of the objects harming the rights guaranteed by the present order, even in case of acquittal ; it can also, in case of conviction, seize the instruments having especially served to making the said objects and to give them to the harmed party. The facts prior to the filing do not give an opening to any legal or civil action deriving from the present order. The facts posterior to the filing, but prior to its publicity, can not give place to an action, even civil, unless the harmed party establishes bad faith from the charged person. The harmed party can make proceed by any sworn agent to the detailed description, with or without seizure, objects or symbols abovementioned, in virtue of an order given by the president of the court whereby operations must be completed. The order is given on simple request and on production of a justification of filing. The president has the power to impose from the claimant a bail bond that this latter must deposit before the seizure. It is left a copy of the order to the holders of the described or seized objects, without this, it will be void or null and would be subject to damage. In the absence from the claimant to seize the competent jurisdiction in a period of one month, the description of the seizure loses its effect. Damage can be claimed and the seized objects must be returned. When a registered document or object is necessary to the resolution of litigation, the president of the seizure jurisdiction can request its communication by writing to the competent authority. The Algerian law does not anticipate any opposition procedure against the designs and models counterfeits. The INAPI proceeds to only one form examination following which it delivers a filing receipt followed then by a registration and publication certificates. The application is kept during one year under a total confidentiality ; past this period, the INAPI proceeds to the publication of the design or model. The applicant can request the publication of their model during the first year of the filing.
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