The implementing decrees No. 05-275 for patents, No. 05-276 for topography of integrated circuits, and No. 05-277 for trademarks issued on August 2, 2005 and published in the Official Gazette No. 54 on August 7, 2005 are now in force. The ordinances related to the above mentioned decrees were previously published in the Official Gazette No. 44 dated July 23, 2003 under numbers 03-05 for copyrights, 03-06 for trademarks, 03-07 for patents, and 03-08 for topography of integrated circuits. These new ordinances abrogate the previous ordinances of 1966.
Below is a brief summary of the most significant aspects of the new law.
– Trademark applications shall be examined by the Algerian Trademark Office on the basis of form, prior marks, and/or notoriety.
– A registered mark is vulnerable to cancellation if it has gone unused for an uninterrupted period of three years, unless such non-use may be proved to be due to uncontrollable cause or lawful excuse. If such proof is submitted, then it shall be permissible to extend the period of use for a maximum of two years.
– For trademark renewal, the applicant shall submit a power of attorney along with any from of evidence showing the use of the mark within the year preceding the renewal due date. A declaration of use signed by the applicant may be accepted.
– The composition as well as the production process are patentable.
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