RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/DZA/16
22 April 2002
(02-2263)
Working Party on the Accession of Algeria Original:  French
ACCESSION OF ALGERIA
Implementation of the WTO Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS)
The Permanent Mission of the Republic of Algeria has communicated to the Secretariat
information on the implementation of the WTO Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS).WT/ACC/DZA/16
Page 2
TRIPS Agreement Country
General Obligations IP Agreement s to which the country adheres
1 Compliance with Articles 1 through 12 and
Article 19 of the Paris Convention for theProtection of Industrial Property in respect of
Parts II, III, and IV of the TRIPS Agreement.
TRIPS Article 2.Conformity with this provision is assured in Algeria
by the application of the corresponding provisions ofthe Paris Convention to which Algeria acceded
without reservation through Order No. 66-48 of
25 February 1966 on the accession of the Republic ofAlgeria to the Paris Convention for the Protection ofIndustrial Property of 20 March 1883.
2 Under Paris, Article 1(2), industrial property has
as its object patents, utility models, industrialdesigns, trademarks, service marks, trade names,
indications of source or appellations of origin, and
the repression of unfair competition.Conformity with this provision is assured in Algeria
by the application of Article 1(2) of the ParisConvention through Order No. 66-57 of 19 March
1966 on trademarks, Order No. 66-86 of 28 April
1966 on industrial designs,  Order No. 76-65 of16 July 1976 on appellations of origin andLegislative Decree No. 93-17 of 7 December 1993 onprotection of inventions and Order No. 95-06 of25 January 1995 on  competition.
3 In Paris.  Article 1(3), industrial property applies
not only to industry and commerce proper, but to
agricultural and extractive industries and to allmanufactured or natural products, e.g., wines,grain, tobacco leaf, fruit, cattle, minerals, mineralwaters, beer, flowers, and flour.Algeria acceded without reservation to the Paris
Convention, and consequently fully applies the
provisions of that Convention.  Conformity with thisprovision is thus assured by the application of Article1(3) of the Paris Convention.
4 Under Paris, Article 2, nationals of Members are
to enjoy in other Members the advantages that
their respective laws grant to nationals, and shall
have the same protection and the same legalremedy against any infringement of their rights ifthey conform to the conditions and formalitiesimposed upon the Member's nationals.Conformity with this provision is assured  in Algeria
by the application of Article 2 of the Paris
Convention.
5 Paris.  Article 3, requires that nationals of non-
Member countries domiciles or that have "realand effective" industrial or commercial
establishments in a Member country be treated as
nationals of a Member country.Conformity with this provision is assured  in Algeria
by the application of Article 3 of the ParisConvention.
6 Under Paris, Article 4.a right of priority is to be
given an applicant for a patent, for registration ofa utility model, an industrial design, or of atrademark who has filed the equivalent of aregular national filing under the domestic
legislation of a Member country.  The periods of
priority are to be 12 months for patents and utilitymodels, and six months for industrial designs andtrademarks.  The Article discusses the technicaldetails of granting priority in depth.Conformity with this provision is assured  in Algeria
by the application of Article 4 of the ParisConvention and Article 7 of Order No. 66-57 of19 March 1966 on trademarks and Article 13 ofLegislative Decree No. 93-17 of 7 December 1993 on
protection of inventions.  The periods of priority are
indeed 12 months for patents and utility models, and6 months for industrial designs and trademarks.
7 Article 4bis states that patents obtained for the
same invention in various members of the Paris
Union are independent of each other.Conformity with this provision is assured  in Algeria
by the application of Article 4bis of the Paris
Convention.WT/ACC/DZA/16
Page 3
TRIPS Agreement Country
8 Article 4ter requires that inventors have the right
to be named as such in the patent.Conformity with this provision is assured  in Algeria
by the application of Article 4ter of the ParisConvention and Article 10 of Legislative DecreeNo. 93-17 of 7 December 1993 on protection ofinventions.
9 Under Article 4quater restrictions or limitations
on the sale of a patented product or a product
produced by a patented process cannot be the
grounds for refusing a patent or invalidating onealready issued.  Under Article 5(A)(1),importation of a patented product manufactured ina Paris Union country cannot be the basis offorfeiture of the patent.  Article 5(A)(2) and (3)
authorize countries to use compulsory licensing as
a means to prevent abuses, such as the failure towork, but they may not forfeit a patent unless thegrant of a compulsory licence would not besufficient to prevent the abuse.  Proceedings forforfeiture or revocation cannot be institute until
two years after the grant of the first compulsory
licence.Conformity with this provision is assured  in Algeria
by the application of Article 4quater of the Paris
Convention and Article 28 of Legislative Decree
No. 93-17 of 7 December 1993 on protection ofinventions which defines cases of invalidation anddoes not have any contrary provisions. Conformitywith this provision is assured in Algeria by theapplication of Article 5(A)(1) of the Paris Convention
and Articles 29 and 30 of Legislative Decree No. 93-
17 of 7 December 1993 on protection of inventionson forfeiture and which do not contain any contraryprovisions. Conformity with this provision is assuredin Algeria by the application of Articles 5(A)(2) and(3) of the Paris Convention and Article 25 of
Legislative Decree No. 93-17 of 7 December 1993 on
protection of inventions on compulsory licences.
10 Article 5(A)(4) prohibits application for a
compulsory licence for failure to work until fouryears have passed since tile application was filedor three years from date of grant and nocompulsory licence is to be granted if the patentee
justifies the failure to work.  Licences are to be
non-exclusive, and may not be transferred exceptwith the enterprise or goodwill that exploits thelicence.  Article 5(B) prohibits forfeiture ofindustrial designs for failure to work or forimporting articles corresponding to those that are
protected.Conformity with this provision is assured  in Algeria
by the application of Article 5(A)(4) of the ParisConvention and Article 25 of Legislative Decree No.93-17 of 7 December 1993 on protection ofinventions on compulsory licences.   The provisions
of the latter which do not regard importing as
legitimate grounds in  granting a compulsory licenceare being revised in accordance with the timetable foramendment of legislation to allow conformity withthe relevant provisions of the TRIPS Agreement.
11 Article 5(C) prohibits cancellation of a mark for
unjustified non-use before a reasonable period oftime has passed and permits the proprietor to usediffering elements that do not diminish thedistinctive character of a mark withoutinvalidating the registration or diminishing the
protection granted the mark.  Concurrent use of
the mark by co-proprietors is permitted so long asthe public is not mislead.Conformity with this provision is assured  in Algeria
by the application of Article 5(C) of the ParisConvention and the absence of any contraryprovisions.  With respect to the period for exploitinga mark, Article 5 of the above-mentioned Order No.66-57 allows a period of one year from filing.
However, this provision is being revised to increase
the period to three years, in accordance with thetimetable for amendment of legislation
12 Under Article 5(D), protection of patents,
registered trademarks, and industrial designscannotConformity with this provision is assured  in Algeria
by the application of Article 5(D) of the ParisConventionWT/ACC/DZA/16
Page 4
TRIPS Agreement Country
13 Article 5bis requires that  a grace period of at least
six months be provided for the payment ofmaintenance fees for industrial property, but asurcharge is permissible.  Countries areauthorized to restore patents that lapsed for non-payment of fees.Conformity with this provision is assured in Algeria
by the application of Article 5bis of the ParisConvention and Article 20 of Order No. 66-57 of19 March 1966 with respect to trademarks andArticle 29 of Legislative Decree No. 93-17 of7 December 1993 with respect to protection of
inventions.  In the case of the latter, the same Article
allows for restoration within a period of six monthsfrom the expiry of the grace period.
14 Article 5ter prohibits a Paris Member from
making use of patented devices aboard a vessel,aircraft, of land vehicle temporarily oraccidentally in the territory or the Member.Conformity with this provision is assured  in Algeria
by the application of Article 5ter of the ParisConvention and Article 11 of Legislative DecreeNo. 93-17 of 7 December 1993 on protection of
inventions.
15 Article 5quater requires that process patent
owners have all the rights against an imported
product produced by the patent process that theywould have with respect to productsmanufactured at home.Conformity with this provision is assured  in Algeria
by the application of Article 5quater of the Paris
Convention and Article 11 of Legislative DecreeNo. 93-17 of 7 December 1993 on protection ofinventions on patent rights.  However, as this Articledoes not explicitly mention importing, it will be
included in the new draft law currently being
prepared.
16 Article 5quinquies requires that Paris Members
protect designs.Conformity with this provision is assured in Algeria
by the application of Article 5quinquies of the ParisConvention Order No. 66-86 of 28 April 1966 onindustrial designs.
17 Article 6 makes the conditions for filing and
registration of trademarks subject to domesticlegislation but also makes filing and registration
independent of those in other countries, including
the country of origin.Conformity with this provision is assured in Algeria
by the application of Article 6 of the ParisConvention and Order No. 66-57.  The latter does not
link refusal or cancellation of registration of a
trademark to those in other countries.
18 Article 6bis requires parties, ex officio if legally
possible or at the request of an interested party, torefuse to register or, for a period of at least fiveyears, to cancel the registration of a trademarkconfusingly similar to a well-known mark.  No
time-limit is placed on a mark used in bad faith.Conformity with this provision is assured in Algeria
by the application of Article 6bis of the ParisConvention and Article 6 of Order No. 66-57.
19 Article 6ter requires Members to refuse to register
or to invalidate the registration that includes,without authorization, armorial bearings, flags,state emblems, official signs and hallmarks, etc.An exception is provided for owners of rightsacquired in good faith before the Convention
entered into force for that country.Conformity with this provision is assured in Algeria
by the application of Article 6ter of the ParisConvention and Article 4 of Order No. 66-57.
20 Article 6quater makes the assignment of a mark
valid if the portion of the business or goodwill of
the business together with the exclusive right tomanufacture and sell the goods bearing the markare also transferred.Conformity with this provision is assured in Algeria
by the application of Article 6quater of the Paris
Convention.  In addition, Article 24 of Order No. 66-57 which deals with transfers of trademarks providesthat the rights attached to a trademark may beassigned in full or in part, separately or together with
other portions of the business.WT/ACC/DZA/16
Page 5
TRIPS Agreement Country
21 Article 6quinquies requires that trademarks duly
registered in a Member be accepted for filing inother Members, with certain reservations, andestablishes the conditions under which atrademark may be denied registration or may beinvalidated.Conformity with this provision is assured in Algeria
by the application of Article 6quinquies of the ParisConvention and the provisions of Order No. 66-57, inparticular Title 3, which deals with filing, registrationand publication of trademarks.
22 Article 6sexties states that Paris Members
undertake" to protect service marks without being
required to provide for their registration.Conformity with this provision is assured by Article
6sexties of the Paris Convention.  In addition, the
Nice Agreement, to which Algeria is a party,provides for service marks in the internationalclassification of trademarks .
23 Article 6septies requires that trademark owners be
able to oppose or request cancellation of aregistration of their trademarks applied for bytheir agent or representative without their
authorization "unless the agent or representative
justifies his action.Conformity with this provision is assured in Algeria
by the application of Article 6septies of the ParisConvention and Articles 5, 6 and 28 to 39 of theabove-mentioned Order No. 66-57.
24 Article 7 states that the nature of the goods to
which a trademark is applied may in no case be anobstacle to the registration of the trademark.(Duplicate language is in TRIPS Article 15.4.)Conformity with this provision is assured in Algeria
by the application of Article 7 of the ParisConvention and Articles 17 and 22 which do notinclude the nature of the goods in the case of refusalor cancellation.
25 Article 7bis requires that Members permit
registration of collective marks belonging to
associations the existence of which is not contraryto the law of the country of origin, even where theassociation is not established in the country whereprotection is being sought.Conformity with this provision is assured in Algeria
by the application of Article 7bis of the Paris
Convention and Articles 8 to 12 of the above-mentioned Order No. 66-57.
26 Article 8 requires that trade names be protected
by Members without the necessity of registration,
whether or not the names are part of a trademark.Conformity with this provision is assured in Algeria
by the application of Article 8 of the Paris
Convention
27 Article 9 requires seizure on importation or
exclusion or goods bearing a trademark or trade
name without authorization, unless a country'slaws provide for neither remedy, in which casedomestic actions and remedies must be available.Conformity with this provision is assured in Algeria
by the application of Article 9 of the Paris
Convention and Article 22 of the Customs Code.
28 Article 10 applies the obligation of Article 9 to
the direct or indirect use of false indications ofsource of goods, or false indication of the
producer, manufacturer, or merchant of such
goods.Conformity with this provision is assured in Algeria
by the application of Article 10 of the ParisConvention and Article 22 of the Customs Code, and
ad hoc provisions under the Madrid Agreement for
the Repression of False or Deceptive Indications ofSource of Goods, to which Algeria acceded by OrderNo. 72-10 of 22 March 1972 on accession to certainagreements.
29 Article 10bis requires Members to provide
protection against unfair competition, including
against acts that create confusion of various kinds
about the goods or activities of a competitor, thatconsist of false allegations about a competitor, orthat are apt to mislead the public regarding a
competitor's goods.Conformity with this provision is assured in Algeria
by the application of Article 10bis of the Paris
Convention and Order No. 95-06 of 25 January 1995
on competition.WT/ACC/DZA/16
Page 6
TRIPS Agreement Country
30 Article 10ter requires that Members undertake to
assure to foreign nationals effective legalremedies to repress actions referred to in Articles9, 10 and 10bis, and to allow federations andassociations representing foreign businesses, onthe basis of reciprocity, to take action in court and
before administrative authorities to repress such
acts.Conformity with this provision is assured in Algeria
by the application of Article 10ter of the ParisConvention and provisions of the ordinary law (CivilCode, Civil Procedures Code, Penal Code,  PenalProcedures Code, Commercial Code, Customs Code)and specific legislation on protection of industrial
property and Order No. 95-06 of 25 January 1995 on
competition.
31 Article 11 requires that temporary protection.
consistent with domestic legislation, be affordedto patentable inventions, utility models, industrialdesigns and trademarks in respect of goodsexhibited at official or  officially recognized
international exhibitions held in their territory.Conformity with this provision is assured in Algeria
by the application of Article 11 of the ParisConvention.
32 Article 12 requires Members to establish
industrial property offices for patents. utility
models, industrial designs and trademarks for thecommunication to the public through publicationof a periodic journal of the names of patentowners with a brief designation of their
inventions, and the reproduction of trademarks.Conformity with this provision is assured in Algeria
by the application of Article 11 of the Paris
Convention.  The authority at present responsible forindustrial property is the Algerian National IndustrialProperty Institute (INAPI) established by ExecutiveDecree No.  98-68 of 21 February 1998.  The
Institute publishes an Official Industrial Property
Bulletin containing information on patents granted,trademarks and industrial designs registered and alldocuments registered affecting the rights of thirdparties.  It is published pursuant to the application ofArticle 22 of Legislative Decree No. 93-17 of
7 December 1993 on protection of inventions, Article
17 of Order No. 66-57 of 19 March 1966 fortrademarks and Article 17 of Order No. 66-86 of28 April 1966 for industrial designs.  The Bulletinhas a wide national and international circulation.
33 Article 19 authorizes Members to enter into
separate and special industrial property
agreements among themselves, so long as those
agreements do not contravene the provisions ofParis.Algeria has not signed any special agreement with
another country.  To date, the only agreements
entered into by Algeria are multilateral treaties
administered by the World Intellectual PropertyOrganization (WIPO)
34 National treatment, with exceptions allowed in
the Paris, Berne and Rome Conventions.Article 3.Under Articles 2 and 3 of the Paris Convention and
Articles 3 to 6 of the Berne Convention, foreignersare accorded the same treatment as nationals.
35 Most favoured nation treatment, with enumerated
exceptions.  Article 4.No additional favourable treatment is accorded in
relation to intellectual property rights to nationals ofany country whatsoever.
Copyright and Neighbouring Rights Citation to copyright and related laws
36 Compliance with Articles I through 21 of the
Berne Convention with the exception of Article
6bis, Article 9.1.Order No. 97-10 of 6 March 1997 on copyright and
neighbouring rights is consistent with the provisions
of the Berne Convention of which Algeria has been a
member since 19 April 1998.  This order will,however, be reviewed for conformity with the TRIPSAgreements in accordance with the timetable foramendment of legislation.WT/ACC/DZA/16
Page 7
TRIPS Agreement Country
37 Article 2 defines "literary and artistic works" as
"every production in the literary, scientific andartistic domain whatever may be the mode orform of its expression," giving examples.Limitations related to speeches are provided inArticle 2bis.Conformity with this provision is assured in Algeria
by the application of Articles 3, 4 and 49 of OrderNo. 97-10 of 6 March 1997 on copyright andneighbouring rights.
38 Article 3 requires that protection be provided to
the works of authors who are nationals of Berne
Union members and to works of nationals ofnon-Union countries if those works are publishedin a Union member simultaneously withpublication in the non-Union country.Conformity with this provision is assured in Algeria
by virtue of its membership of the Berne Convention.
39 Article 4 requires that protection be provided
cinematographic works not falling under Article 3if the maker has a headquarters or habitual
residence in a Union member and to works of
architecture or artistic wo rks incorporated into a
building or structure in a Union member.Conformity with this provision is assured in Algeria
by virtue of its membership of the Berne Convention.
40 Article 5 requires that authors enjoy the rights
required by Berne and any other rights a countryprovides works on a national treatment basiswithout being subject to any formalities.Conformity with this provision is assured in Algeria
by virtue of its membership of the Berne Conventionand Articles 3 and 136 of Order No. 97-10 of6 March 1997 on copyright and neighbouring rights.
41 Article 7 requires that the term of protection for
copyright be 50 years following the death of the
author.  Special terms are authorized forcinematographic works, anonymous orpseudonymous works, photographic works andworks of applied art.  Article 8 gives authors ofprotected works the exclusive right to make or
authorize the making of translations of the work.These provisions are assured by Articles 55 to 61 of
Order No. 97-10 of 6 March 1997 on copyright and
neighbouring rights.  This provision is assured byArticle 27 (last indent) of the same Order.
42 Article 9 requires that authors be given the
exclusive right to authorize reproduction of thework in any manner or form with only limitedexceptions that do not conflict with the normalexploitation of the work and do not unreasonablyprejudice the legitimate interests of the author.These provisions are assured by Articles 27 (first
indent), 29 and 33 to 54 of Order No. 97-10 of6 March 1997 on copyright and neighbouring rights.
43 Articles 10 and 10bis define certain authorized
"free uses of works".Cases of "free uses of works" are set out in Articles
41 to 53 of Order No. 97-10 of 6 March 1997 on
copyright and neighbouring rights .
44 Articles 11, 11bis, and 11ter require that authors
of dramatic, dramatico-musical and musicalworks and any translation thereof and authors ofliterary and artistic works, the exclusive right toauthorize the public performance of their works,including by broadcast, public recitation and any
communication to the public.These provisions are assured by Article 27 of Order
No. 97-10 of 6 March 1997 on copyright andneighbouring rights.
45 Article 12 requires that authors of literary or
artistic works have the exclusive right toauthorize adaptations, arrangements and otheralterations of their works.These provisions are assured by Article 27 of Order
No. 97-10 of 6 March 1997 on copyright andneighbouring rights.WT/ACC/DZA/16
Page 8
TRIPS Agreement Country
46 Article 13 authorizes countries to impose
reservations and conditions on the exclusive rightgranted authors of musical works or writtenworks that are recorded.These provisions are assured by Article 29 of Order
No. 97-10 of 6 March 1997 on copyright andneighbouring rights.
47 Articles 14 requires that authors of literary and
artistic works have the exclusive right toauthorize the cinematographic adaptation and
reproduction of their works and the distribution,
public performance and communication to thepublic of the adaptation or reproduction, withoutthe limitations authorized under Article 13(1).These provisions are assured by Article 27 of Order
No. 97-10 of 6 March 1997 on copyright andneighbouring rights.
48 Article 14bis specifies that a cinematographic
work is to be protected as an original workwithout prejudice to any work that is adapted orreproduced and the author of the cinematographic
work is to enjoy the same rights as the author of
any other work.These provisions are assured by Articles 4(d), 5, 16
and 79 of Order No. 97-10 of 6 March 1997 oncopyright and neighbouring rights.
49 Article 14ter requires "droit de suite" in
connection with subsequent sales works of art andmanuscripts.These provisions are assured by Article 28 of Order
No. 97-10 of 6 March 1997 on copyright andneighbouring rights.
50 Article 15 requires that ownership of a work, for
purposes of litigation, be presumed to be thatwhich appears on the work in the usual manner.These provisions are assured by Article 13 of Order
No. 97-10 of 6 March 1997 on copyright andneighbouring rights.
51 Article 16 requires that infringing copies of a
work be subject to seizure whether domestically
produced or imported.These provisions are assured by Articles 144, 147
and 149 of Order No. 97-10 of 6 March 1997 on
copyright and neighbouring rights.
52 Article 18 requires that copyright protection be
applied to all works which, at the moment Bernebecomes effective, have not fallen into the publicdomain in the country of origin through the expiryof the term of protection.These provisions are assured by virtue of Algeria's
membership of the Berne Convention and Article 159of Order No. 97-10 of 6 March 1997 on copyrightand neighbouring rights.
53 Article 19 authorizes Union members to provide
greater protection than that required by the
Convention.The provisions of Order No. 97-10 of 6 March 1997
meet the minimum standards of the Berne
Convention.
54 Article 20 authorizes Union members to enter into
special agreements among themselves to provide
more extensive rights than those provided byBerne.No special agreement has been concluded in this
respect up to now.
55 Protect computer programs, whether in source or
object code, as literary works under the BerneConvention.  Protect compilations of data,whether in machine readable or other form are to
be protected as intellectual creations if they
constitute such.  Article 10.These provisions are assured by Articles 4(a) and 5,
paragraph 1, 2nd indent  of Order No. 97-10 of6 March 1997 on copyright and neighbouring rights.
56 Provide rental rights at least for computer
programs and cinematographic works with certainexceptions.  Article 11.These provisions are assured by Article 27
(paragraph 2, 2nd indent) of Order No. 97-10 of6 March 1997 on copyright and neighbouring rights.WT/ACC/DZA/16
Page 9
TRIPS Agreement Country
57 Provide a term of protection of fifty years from
the death of tile author (Berne Article 7.1 andTRIPS Article 9.1) or, for works the term ofwhich is not measured by the life of the author, aterm of 50 years from the end of the calendar yearof authorized publication, or, if not published
within fifty years from making, fifty years from
the end of the calendar year of making.  Article12.These provisions are assured by Articles 55 to 61 of
Order No. 97-10 of 6 March 1997 on copyright andneighbouring rights.
58 Confine limitations and exceptions to exclusive
rights to certain special cases which do notconflict with a normal exploitation of the workand do not unreasonably prejudice the right
holder's legitimate interests.  Article 13.The exceptions and limitations to exclusive rights are
set out in Articles 29 to 64 of Order No. 97-10 of6 March 1997 on copyright and neighbouring rights
59 Provide performers with the right for 50 years
from the date of a performance to prevent
unauthorized fixation of their unfixedperformances and of reproductions of suchfixations and to prevent the unauthorizedbroadcast by wireless means and communication
to the public of their live performances.  Article
14.1 and 5.These provisions are assured by Articles 110 and 122
of Order No. 97-10 of 6 March 1997 on copyright
and neighbouring rights.
60 Provide phonogram producers with the right for
50 years from the date of first authorized fixationto prohibit unauthorized reproduction of theirphonograms, directly or indirectly, and to prohibitrental of copies of their phonograms once sold or
otherwise distributed.  Article 14.2, .4, and .5.These provisions are assured by Articles 114 and 123
of Order No. 97-10 of 6 March 1997 on copyrightand neighbouring rights.  Algerian legislation doesnot mention any rental rights for phonogramproducers or other holders of rights over
phonograms.  This aspect will be addressed  in the
revisions of Order No. 97-10 to bring it intoconformity with the TRIPS Agreement.
61 Providing broadcasting organizations with the
exclusive rights for 20 years of fixation,reproduction of fixations, and rebroadcasting bywireless means of their  broadcasts and thecommunication to the public of broadcasts of
their broadcasts or provide to the owners of the
copyright in the material broadcast the possibilityof exercising such rights.  Article 14.3 and 5.These provisions are assured by Articles 118 and 123
of Order No. 97-10 of 6 March 1997 on copyrightand neighbouring rights.
Trademarks Citation to appropriate law
62 Provide trademark or service mark protection for
any sign, or combination of signs capable ofdistinguishing the goods or services of oneundertaking from those of other undertakings.
Article 15.1Conformity with this provision is assured by Article
2 of No. 66-57 of 19 March 1966 on trademarks (thisOrder also covers services).
63 Not deny registration for a mark based solely on
the nature of the goods or services to which a
trademark is to be applied.  Article 15.4.Conformity with this provision is assured by the
application of Article 7 of the Paris Convention and
the provisions of Articles 17  and 22 of Order No. 66-57 of 19 March 1966, which do not include the natureof the goods in the case of refusal or cancellation.WT/ACC/DZA/16
Page 10
TRIPS Agreement Country
64 Trademarks must be published before or shortly
after registration to permit opposition oropportunity to apply for cancellation.  Article15.5.Conformity with this provision is assured by the
application of Article 12 of the Paris Convention andArticle 17 of the above-mentioned Order No. 66-57.Registered trademarks are published in the OfficialIndustrial Property Bulletin published by INAPI.
65 Provide trademark owners the exclusive right to
prevent unauthorized use identical or similar
marks for similar goods or services of other
parties if confusion is likely to result.  Article16.1Conformity with this provision is assured by the
application of Article 6bis of the Paris Convention
and Articles 4, 6, 28 and 29 of the above-mentioned
Order No. 66-57.
66 Presume confusion where an identical mark is
used without authorization on identical goods orservices.  Article 16.1.Use of a mark likely to result in confusion or
fraudulent imitation is covered in Article 6 of theabove-mentioned Order No. 66-57.
67 Provide protection for well know trademarks and
service marks in accordance with Article 6bis, ofthe Paris Convention, even where use is on goods
or services which are not similar to those in
respect of which a trademark is registered if thelatter use would imply a connection with the rightholder or would be likely to damage the rightholder's interests.  Article 16.2 and .3.Conformity with this provision is assured by Article
6bis of the Paris Convention
68 Allow only limited exceptions to the rights
conferred by a trademark such as fair use of
descriptive terms.  Article 17.The exception of use by a homonym of a patronymic
as a trademark, to avoid the risk of confusion, is
covered in Article 6 of the above-mentioned Order
No. 66-57.
69 Provide a period of protection for registration of
at least seven years, renewable indefinitely.Article 18.Conformity with this provision is assured by Article
20 of Order No. 66-57.  The trademark is protectedfor 10 years from the date of filing and may berenewed indefinitely.
70 Allow cancellation for non-use only after a period
of three years of uninterrupted non-use unlessvalid reasons exist for the non-use, including
government interference with use.  Article 19.1.Conformity with this provision is assured by Article
5, paragraph 2 of the above-mentioned Order No. 66-57 which provides that the period of non-use subject
to invalidation is one year.  It is at present being
amended to conform with Article 19.1 of TRIPS, inaccordance with the timetable for amendment oflegislation.
71 No encumbering of the use of a trademark by
special requirements.  Article 20.There are no contrary provisions in current
legislation.
72 May establish conditions for licensing but
compulsory licensing not permitted and owner of
registered mark must be able to assign it with or
without transfer of business.  Article 21.These provisions are assured by the above-mentioned
Order No. 66-57
Geographical Indications Citation to appropriate law or laws
73 Provide means to prevent deceptive use of
Geographical indications identifying locationwhere a given quality, reputation or othercharacteristic of a good is attributable to itslocation.  Article 22.1 and 2.This provision is in force by virtue of Algeria's
accession to the Paris Convention, Article 10.1 andthe Madrid Agreement, Articles 1.1. and 1.2 for theRepression of False and Deceptive Indications ofSource of Goods, and national provisions currentlycontained in Articles 28 to 30 of Order No. 76-65 of
16 July 1976 on appellations of origin.WT/ACC/DZA/16
Page 11
TRIPS Agreement Country
74 Refuse to register or invalidate registrations of
trademarks containing geographical indications
except in instances in which such marks havebeen used continuously for at least I 0 years or ingood faith before 15 April 1994.  Article 22.3Conformity is assured by Article 6quinqiues B(3) of
the Paris Convention.
75 Protect against use of geographical indications
even when literally true but which falsely
represent that the goods originate in another
territory.  Article 22.4There is no relevant provision.  Specific provisions
will be introduced in the new draft law on trademarks
which is being finalized in accordance with the
timetable for amendment of legislation.
76 Protect, with certain exceptions, appellations or
origin for wines and spirits even against useaccompanied by expressions such as 'kind," type,""style," etc.  Article 23.1 and 24.Conformity with this provision is assured in Algeria
by the application of the provisions of Article 3 of theLisbon Agreement for the  Protection of Appellationsof Origin  and their International Registration and
national provisions currently contained in Article 21of Order No. 76-65 of 16 July 1976 on appellations
of origin.
77 Refuse or invalidate, with certain exceptions
trademark registrations containing geographicalindications for wines and spirits if they do notoriginate in the place named.  Article 23.2 and 24.Conformity with this provision is assured by the
application of Order No. 77-55 of 1 August 1977 onguaranteed appellations of origin of wines and spirits.
Industrial Designs Citation to appropriate law
78 Provide, with certain exceptions, protection for
new or original, independently created industrialdesigns.  Article 25.1.Conformity with this provision is assured in Algeria
by the application of Article 1 of Order No. 66-86 onindustrial designs.
79 Ensure that requirements for securing protection
for textile designs are not prohibitive of such
protection.  Article 25.2.Conformity with this provision is assured in Algeria
by the fact that Article 1 of Order No. 66-86 on
industrial designs contains no exclusions based on the
nature of the good or any other.
80 Protection should last at least 10 years. Conformity with this provision is assured in Algeria
by the application of the provisions of Article 13 ofthe above-mentioned Order No. 66-86 whichprovides a period of protection of ten years.
Patents Citation to appropriate law
81 Provide patents for any inventions, whether
products or processes, in all fields of technologyif they are new, involve an inventive step and are
industrially applicable.  Exceptions are permitted
for plants and animals, except for micro-organisms and non-biological and microbiologicalprocesses.  Exemptions are also permitted forreasons of public order and morality.  Article 27.Conformity with his provision is assured by Articles
2 to 8 of Legislative Decree No. 93-17 of7 December 1993 on protection of inventions, with
the exception of micro-organisms and chemical,
pharmaceutical, cosmetic and food products whichmay not be patented.  However, the new draft law onprotection of inventions provides protection for suchproducts in accordance with the TRIPS Agreement.In addition, a draft law on protection of plant extracts
is being prepared, in accordance with the timetable
for amendment of legislation.WT/ACC/DZA/16
Page 12
TRIPS Agreement Country
82 Provide patent owners with the right to prevent
others from making, using, offering for sale,selling or importing a patented product or fromusing a patent process or using, offering for sale,selling or importing a product produced directlyusing such process.  Article 28.1.Article 11 of Legislative Decree No. 93-17 of
7 December 1993 on protection of inventions, whichcovers patent rights, covers all these aspects, with theexception, however, of imports of a product which isnot regarded as an industrial product in the meaningof Article 2 of the said Legislative Decree.  This
provision is being addressed in the timetable for the
amendment of legislation.
83 Give patent owners the right to assign the rights
in the patent, or transfer the rights by succession,or licence them.  Article 28.2These provisions are assured by Article 23 of
Legislative Decree No. 93-17 which provides for thetransfer in full or in part of rights in the patent.
84 Require applicants to disclose the invention so
that one skilled in the art can carry it out and mayrequire indication of the best mode andinformation on corresponding foreign
applications.  Article 29.These provisions are assured by Article 20 of
Legislative Decree No. 93-17 of 7 December 1993 onprotection of inventions.
85 Ensure that any exceptions to exclusive patent
rights do not unreasonably conflict with normalexploitation of the patent and do not unreasonablyprejudice the legitimate interests of the patentowner, taking third party interests into account.Article 30.The only exception to patent rights in national law
concerns the prior user in good faith, set out inArticle 14 of Legislative Decree No. 93-17 of7 December 1993 on protection of inventions.Conformity of this provision is envisaged in thetimetable for the amendment of legislation.
86 Compulsory licences can be issued only when
enumerated conditions are met, including such
things as notice, remuneration, limitations on useand transfer of the licence, etc.  Article 3 1.The issue of compulsory licences is covered by
Article 5 A of the Paris Convention and Article 25 of
Legislative Decree No. 93-17 of 7 December 1993 onprotection of inventions.
87 Provide an opportunity for judicial review of
decisions to revoke or forfeit a patent.  Article 32.The rules on judicial review allow appeal at various
stages of the judicial process, notably Articles 5, 7,27, 102 and 232 of the Civil Procedures Code.
88 Provide a patent term of at least 20 years from the
filing date.  Article 33.This provision is assured by Article 9 of Legislative
Decree No. 93-17 of 7 December 1993 on protectionof inventions.
89 Shift the burden of proof in process patent
infringement actions to the defendant in instances
in which tile product produced by the process isnew or where it is substantially likely that theidentical product was made using the process andthe patent owner has been unable throughreasonable efforts to determine the process used.
Article 34.Decree No. 93-17 does not contain any such
provisions.  The possibility of shifting the burden of
proof to the defendant in process patent actions isenvisaged in the draft law on patents currently beingprepared. Conformity of this provision is envisagedin the timetable for the amendment of legislation.
Integrated-Circuit Layout Designs Citation to appropriate law
90 Provide protection for original layout designs of
integrated circuits that are registered or have been
commercially exploited anywhere in the world.Articles 3, 4, 5, and 7 of the Washington Treatyas incorporated into TRIPS by Article 35.There are no specific laws allowing the protection of
layout designs of integrated circuits.  In the course of
conforming Algerian legislation with the TRIPSAgreement, a draft law on protection of layoutdesigns of integrated circuits is being prepared. Inaddition, Algeria envisages acceding to the
Washington Treaty on Intellectual Property in respect
of Integrated Circuits, the final act of which it signedin Washington in 1974.WT/ACC/DZA/16
Page 13
TRIPS Agreement Country
91 Make unlawful, except in certain circumstances,
the reproduction, importation, sale or otherdistribution of a protected layout design or anintegrated circuit embodying such design or anarticle containing such a microcircuit.  Article 6of Washington and Article 36 of TRIPS.There are no specific laws allowing the protection of
layout designs of integrated circuits.  In the course ofconforming Algerian legislation with the TRIPSAgreement, a draft law on protection of layoutdesigns of integrated circuits is being prepared.  Inaddition, Algeria envisages acceding to the
Washington Treaty on Intellectual Property in respect
of Integrated Circuits, the final act of which it signedin Washington in 1974.
92 Provide such protection for a term of I 0 years
from the films, of an application for registrationor from first commercial exploitation.  Article 38.There are no specific laws allowing the protection of
layout designs of integrated circuits.  In the course ofconforming Algerian legislation with the TRIPSAgreement, a draft law on protection of layout
designs of integrated circuits is being prepared.  In
addition, Algeria envisages acceding to theWashington Treaty on protection of layout designs ofintegrated circuits, the final act of which it signed inWashington in 1974.
Undisclosed Information Citation to appropriate law or laws
93 Provide protection for undisclosed information
that is secret (not generally known or readilyascertainable); has commercial value because of
its secrecy., and has been subject to reasonable
steps to keep it secret.  Article 39.2.The Algerian Penal Code generally prohibits the
disclosure of confidential information withoutexception and for an unlimited period.  In addition,
specific laws govern respect for confidentiality,
notably veterinary and phytosanitary products (ThePhytosanitary Protection Act, Law No. 87-17 of1 August 1987 and the Veterinary Medicine andAnimal Health (Protection) Act, Law No. 88-08 of 26
January 1988) and in the field of public health (the
Health Protection Act, Law No. 85-05 of 16 February1985, the Medical Ethical Code in Executive DecreeNo. 92-276 of 6 July 1992, and Executive DecreeNo. 92-284 of 6 July 1992 on registration ofpharmaceutical products for use in human medicine).
94 Protect data submitted to obtain marketing
approval for pharmaceutical or agricultural
chemicals utilizing a new chemical entity.  Article
39.3.The Algerian Penal Code generally prohibits the
disclosure of confidential information without
exception and for an unlimited period.  In addition,
specific laws govern respect for confidentiality,notably veterinary and phytosanitary products (ThePhytosanitary Protection Act, Law No. 87-17 of1 August 1987 and the Veterinary Medicine and
Animal Health (Protection) Act, Law No. 88-08 of
26 January 1988) and in the field of public health (theHealth Protection Act, Law No. 85-05 of 16 February1985, the Medical Ethical Code in Executive DecreeNo. 92-276 of 6 July 1992, and Executive Decree No.92-284 of 6 July 1992 on registration of
pharmaceutical products for use in human medicine).WT/ACC/DZA/16
Page 14
TRIPS Agreement Country
Enforcement Citation to appropriate law or laws
General Provisions
95 Provide for effective action against infringement
of intellectual property rights without creating
barriers to legitimate trade or opportunities forabuse.  Article 41.1Algerian legislation gives the holder of an intellectual
property right the possibility of recourse to either the
civil court or the criminal court for an order to ceasethe infringements of his rights.  (Articles 28 to 39 ofOrder No. 66-57 on Trademarks, Articles 23 to 28 ofOrder No. 66-86 on industrial designs,  Articles 31 to36 of Legislative Decree No. 93-17 on inventions and
Articles 143 to 147 and 158 of Order No, 97-10 on
copyright and neighbouring rights.  Abuse of theseprocedures is subject to penalties under the CivilCode and the Civil Procedures Code.
96 Provide enforcement procedures that are fair and
equitable and are not unnecessarily complicatedor costly and do not entail unreasonable time-
limits or unwarranted delays.  Article 41.2Conformity with these provisions is assured by the
Civil Procedures Code.
97 Provide decisions on the merits based upon the
evidence presented in the case to the parties,preferably in writing with the reasons explained.Article 41.3.Conformity with these provisions is assured by the
Civil Procedures Code.
98 Provide for appeals to judicial bodies of final
administrative decisions and of at least the legalaspects of initial judicial decisions on the meritsof a case.  Article 41.4.Conformity with these provisions is assured by the
Civil Procedures Code.
Civil and Administrative Procedures and
Remedies
99 Provide a procedure that allows plaintiffs to bring
an action for infringement; requires thatdefendants be notified; permits both side topresent evidence in support of their position; andprotects confidential information.  Article 42Conformity with these provisions is assured by the
Civil Procedures Code.
100 Authorize judges to order production of evidence
necessary to substantiate a party's claims wherethat party has been unable to obtain such evidence
from the opposing party.  Article 43. 1.Conformity with these provisions is assured by the
Civil Procedures Code.
101 Authorize judges to enjoin a defendant, except the
government, from infringing intellectual propertyrights.  Article 44. 1.Conformity with these provisions is assured by
Article 183 of the Civil Procedures Code.
102 Authorize judges to order the payment of
monetary damages adequate to compensate forthe injury done by the infringement.  Article 45.1This question is governed by the Civil Code.
103 Authorize judges to order infringer to pay right
holders enforcement costs and recovery of profitsand/or statutory damages.  Article 45.2.This provision is assured by Articles 143 and 157 of
Order No. 97-10 and Article 33 of Legislative DecreeNo. 93-17, as well as the Penal Code and the Civil
Procedures Code.WT/ACC/DZA/16
Page 15
TRIPS Agreement Country
104 Authorize additional remedies including seizure
of infringing goods, and the materials andimplements the predominant use of which isinfringement.  Article 46.Conformity is assured by Articles 144, 147 and 157
of Order No. 97-10 of 6 March 1997 on copyrightand neighbouring rights, and for industrial property,Article 33 of Decree No. 97-17, Article 38 of OrderNo. 66-57 and Article 26 of Order No. 66-86mentioned above.
105 Authorize indemnification of defendant, including
attorneys' fees in the event of abuse by plaintiffs.
Article 48.1.The Algerian Civil Code allows compensation which
can include, where applicable, attorneys' fees.
106 Exempt public authorities and officials from
liability in connection with the administration ofintellectual property laws only where the actionsare taken or intended in good faith within thescope of tile relevant authority.  Article 48.2.Algerian legislation on intellectual property does not
contain any provisions intended to exempt publicauthorities or officials from civil liability.
107 Ensure that administrative remedies conform to
the principles in the preceding Articles.
Article 49.Infringements of intellectual property rights are a
matter for the judicial authority, not administrations.
Provisional Measures
108 Authorize judges to grant temporary restraining
orders and provisional relief to prevent
infringement and to preserve evidence.Article 50.1.Conformity is assured by the application of Articles
144 and 146 of Order No. 97-10 on copyright and
neighbouring rights, Articles 38 and 39 of Order No.66-86 and Article 33 of Legislative Decree No. 93-17.
109 Authorize judges to require the complaining party
to indemnify the defending party against harm ifthe decision on the merits finds the provisional
relief unjustified.  Article 50.3.Conformity with these provisions is assured by the
Civil Code and the Penal Procedures Code.
110 Provide for notice, for formal action by the
plaintiff after temporary restraining orders, etc.Article 50.4+.Conformity with these provisions is assured by the
Civil Procedures Code.
Border Measures
111 Provide for suspension of release by customs
authorities of goods suspected of bearing acounterfeit trademark or of being a piraticalcopyrighted work, either at the request of a rightholder.  Members are authorized to extend such
protection to holders of other forms of intellectual
property, Article 51Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian orforeign counterfeit goods which are subject to
confiscation (Article 22).  This provision is currently
being adapted to bring it into conformity with theTRIPS Agreement.
112 Require right holders initiating border measures
to provide evidence of a prima facie infringementand a description of tile goods sufficient forcustoms authorities to recognize them.  The right
holder must be notified within a reasonable time
is action will be taken on his behalf.  Article 52Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian or
foreign counterfeit goods which are subject to
confiscation (Article 22).  This provision is currentlybeing adapted to bring it into conformity with theTRIPS Agreement.WT/ACC/DZA/16
Page 16
TRIPS Agreement Country
113 Authorize authorities to require the right holder
requesting border measures to post a bondsufficient to protect the defendant and to preventabuse.  Article 53Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian orforeign counterfeit goods which are subject toconfiscation (Article 22).  This provision is currently
being adapted to bring it into conformity with the
TRIPS Agreement.
114 Requires prompt notification of the right holder
and the importer when action under Article 51 istaken.  Article 54Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian orforeign counterfeit goods which are subject to
confiscation (Article 22).  This provision is currently
being adapted to bring it into conformity with theTRIPS Agreement.
115 Requires that customs authorities be notified
within a maximum of 20 days of the receipt ofnotice that proceedings on the merits have begunor the suspension is to be revoked.  Article 55Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian or
foreign counterfeit goods which are subject to
confiscation (Article 22).  This provision is currentlybeing adapted to bring it into conformity with theTRIPS Agreement.
116 Authorities must be authorized to require the right
holder to compensate the importer or owner of thegoods subject to border measures if goods were
wrongfully detained or if proceedings leading to a
decision on the merits are not begun within tileallotted time.  Article 56.Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectual
property, prohibits the importation of Algerian or
foreign counterfeit goods which are subject toconfiscation (Article 22).  This provision is currentlybeing adapted to bring it into conformity with theTRIPS Agreement.
117 Right holders must be allowed to inspect the
detained goods in order to substantiate the rightholder's claims.  Importers must be given similar
authority.  Members may give the right holder the
names and addresses of those involved in theimportation when infringement is found to exist.Article 57.Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectual
property, prohibits the importation of Algerian or
foreign counterfeit goods which are subject toconfiscation (Article 22).  This provision is currentlybeing adapted to bring it into conformity with theTRIPS Agreement.
118 Establishes the conditions that must be in place if
customs authorities are authorized to act ex
officio, including the ability to ask the right
holder for information at any time; therequirement to notify the importer promptly of thesuspension; and the requirement that publicofficials be liable if they act in bad faith.
Article 58Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of
21 July 1976, in relation to protection of intellectual
property, prohibits the importation of Algerian orforeign counterfeit goods which are subject toconfiscation (Article 22).  This provision is currentlybeing adapted to bring it into conformity with the
TRIPS Agreement.WT/ACC/DZA/16
Page 17
TRIPS Agreement Country
119 Competent authorities must be able to order
destruction or disposal other than by re-export ofinfringing goods where appropriate.  Article 59Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian orforeign counterfeit goods which are subject toconfiscation (Article 22).  This provision is currently
being adapted to bring it into conformity with the
TRIPS Agreement.
120 Members are authorized to except from border
measures small quantities of infringing goods of anon-commercial nature carried in personalluggage or shipped in small consignments.Article 60Law No. 98-10 of 22 August 1998 amending and
supplementing the Customs Code, Law No. 79-07 of21 July 1976, in relation to protection of intellectualproperty, prohibits the importation of Algerian orforeign counterfeit goods which are subject to
confiscation (Article 22).  This provision is currently
being adapted to bring it into conformity with theTRIPS Agreement.
Criminal Procedures
121 Provide criminal procedures and penalties,
sufficient to act as a deterrent, for wilfultrademark counterfeiting or copyright piracy on acommercial scale.  Authorizes extension ofcriminal actions to other forms of intellectual
property where infringements are wilful and on a
commercial scale.  Article 61.This aspect is covered by Articles 149 to 157 of
Order No. 97-10 of 6 March 1997 on copyright andneighbouring rights, Articles 28, 29, 30, 32 and 35 ofOrder No. 66-57,  Articles 28 and 29 of Order No.66-86, Article 30 of Order No. 76-65, and Articles 31
to 36 of Legislative Decree No. 93-17WT/ACC/DZA/16
Page 18
ANNEX
International Intellectual Property Conventions, Treaties, Agreements
and Accords to which Algeria is a party.
(Situation at 31 December 2001)
Title Number of Member StatesYear of
Algeria's
accession
Convention instituting the World Intellectual Property Organization
(WIPO).1771975
Convention instituting the International Union for the Protection  of
New Varieties of Plants (UPOV)44
Paris Convention for the Protection of Industrial Property. 162 1966
Nairobi Treaty on the Protection of the Olympic Symbol. 40 1984
Washington Treaty on Intellectual Property in respect of Integrated
Circuits.
Trademark Law Treaty (TLT) 26
Patent Cooperation Treaty (PCT) 115 2000
Budapest Treaty on the International Recognition  of the Deposit ofMicro-organisms for the Purposes of Patent Procedure.52 States, 33 authorities
and  3 regionalorganizations
Patent Law Treaty (PLT) 47
Strasbourg Agreement Concerning the International PatentClassification50
Madrid Agreement for the Repression of False and Deceptive
Indications of Source on Goods.33
Madrid Agreement Concerning the International Registration of
Marks (*)70 1972
Protocol to the Madrid Agreement Concerning the International
Registration of Marks.
Lisbon Agreement for the Protection of Appellations of Origin andtheir International Registration.20 1972
Hague Agreement Concerning the International Deposit of Industrial
Designs.29
Nice Agreement Concerning the International Classification of
Goods and  Services for the Purposes of the Registration of Marks67 1972
Vienna Agreement Establishing an International Classification of the
Figurative Elements of Marks.19
Locarno Agreement Establishing an International Classification for
Industrial Designs.40
Berne Convention for the Protection of Literary and Artistic Works
(Paris Act 1971).148 1997
Universal Copyright Convention as revised at Paris, 1971. 1973
(*)Algeria has been a member of the Madrid Agreement since 1972, but is not bound by the protocol to the
Madrid Agreement.
__________