Industrial Designs Law in Algeria
Industrial Designs Law in Algeria
1. Legal Framework
Industrial design protection in Algeria is governed by:
Ordinance No. 03-13 of June 19, 2003, on Industrial Property (which includes patents, trademarks, and industrial designs).
Implemented by the Institut National Algérien de la Propriété Industrielle (INAPI) — the Algerian National Institute of Industrial Property.
Algeria is a member of several international treaties related to intellectual property, including:
Paris Convention for the Protection of Industrial Property
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Hague Agreement (Algeria is not currently a member but works under Paris Convention rules for designs)
2. What Can Be Protected?
Industrial designs refer to the appearance of the whole or part of a product, including lines, contours, colors, shape, texture, or materials.
The design must be new and possess individual character.
Designs solely dictated by technical function or contrary to public order or morality are excluded.
3. Registration Process
Filing Authority: Institut National Algérien de la Propriété Industrielle (INAPI)
Process:
Application Submission:
Includes drawings or photographs representing the design.
Description of the product related to the design.
Formal Examination to check completeness and compliance.
Substantive Examination on novelty and individual character.
Publication of the application.
Registration upon successful examination.
4. Duration of Protection
Industrial design protection lasts for 5 years from the filing date.
Renewable in increments of 5 years up to a maximum of 15 years total.
5. Rights Conferred
Exclusive rights to use and exploit the design commercially.
Right to prevent unauthorized copying or imitation.
Rights can be licensed or assigned.
6. Infringement and Enforcement
Infringement remedies include civil actions for injunctions, damages, and seizure of infringing goods.
Customs authorities can assist with enforcement against counterfeit products.
7. International Protection
Algeria is a member of the Paris Convention, allowing priority claims for industrial designs.
Algeria is not currently a member of the Hague Agreement, so international design registration via Hague does not apply.
Protection outside Algeria requires registration in other countries individually or through international treaties where Algeria is a member.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Ordinance No. 03-13 of June 19, 2003 |
| Registration Authority | Institut National Algérien de la Propriété Industrielle (INAPI) |
| Protection Duration | 5 years, renewable up to 15 years total |
| International Treaties | Paris Convention, TRIPS (not Hague) |
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