Intellectual Property in Tunisia
Smit & Van Wyk deals exclusively with Tunisia Intellectual Property including patents, designs, trademarks, copyright and plant breeders’ rights. Our team of Intellectual Property attorneys have the knowledge, experience and resources to give expert legal advice regarding your Intellectual Property portfolio. We can assist with the protection, prosecution and enforcement thereof. It is our mission to provide unparalleled service to our treasured clients by developing dynamic solutions which are tailored to suit individual Intellectual Property needs. The key to achieving this lies with our vibrant people, who are eager to go beyond the call of duty.
Tunisia patents have a duration of 20 years from date of filing. Tunisia is a member of PCT and the Paris Convention (International treaty for the protection of Industrial Property). Patent applications have a requirement of absolute novelty.
Types of Patents:
- Patents of Invention
- National Phase PCT Application
- Validation of a European patent
Methods of medical diagnosis, treatment or surgery are not patentable.
Tunisia trade marks are valid for 10 years from the filing date and are renewable every 10 years thereafter. Tunisia is a member of the Paris Convention (International treaty for the protection of Industrial Property) and the Madrid Protocol (an international system for obtaining trade mark protection for a number of regions through a single application).
Types of Trade Marks:
- Goods and services
- Collective marks
- Certification marks
The most current edition of the Nice Classification of Goods and Services is followed.
Tunisia designs have a term of 5, 10 or 15 years from date of filing, dependent on what the applicant decides and upon payment of the set fees. It is possible to extend protection for a further 5 or 10 years as long as it does not exceed the maximum protection of 15 years.
Types of Designs:
- Industrial Designs
Design Filing Requirements:
- Simply signed Power of Attorney (required upon filing)
- Drawings or photographs of the design (required upon filing)
- A statement indicating the kind of products for which the design is to be used in French or Arabic (required upon filing)
- Certified copy of priority document (if applicable) with verified French or Arabic translation (must be filed within 3 months of the filing date)