Overview of the Legal Framework

Algeria’s intellectual property system is mainly based on the following laws and regulations:

• Ordinance No. 03-07 of 2003 on Patents, Marks and Industrial Designs;

• Implementing Decree No. 05-277 of 2005;

• Law No. 03-05 of 2003 on Copyright and Related Rights.

Competent authority:

• INAPI (Institut National Algérien de la Propriété Industrielle)
  – responsible for the registration and examination of trademarks, patents and industrial designs.

Algeria is a member of WIPO, the PCT, the Madrid Protocol, the Paris Convention and the African Intellectual Property Network (AIPO).

International Cooperation and Regional Integration

• Algeria is a member of WIPO, the PCT, the Madrid System, the Paris Convention and TRIPS;

• It has established cooperation frameworks with WIPO, EUIPO, OAPI and EPO;

• Algeria participates in the Arab Intellectual Property Organization (AIPO) and the African Intellectual Property Network (NAIPO);

• The national IP strategy 2020–2035 aims to enhance innovation protection and strengthen digital examination capabilities.

Trademark System

Filing Routes

• National applications can be filed directly with INAPI for protection in Algeria;

• International registrations may designate Algeria through the Madrid System (Madrid Protocol, since 2015).

Classification

• Algeria applies the Nice Classification;

• Both single-class and multi-class applications are accepted.

Examination Procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 6–9 months;

• Opposition period: third parties may file oppositions within 2 months from the publication date.

Use and Renewal

• Registration term: 10 years from the filing/registration date, renewable indefinitely for further 10-year periods;

• Non-use for 5 consecutive years may lead to cancellation.

Examination Features

• Examination languages are Arabic or French;

• The examination focuses on distinctiveness and conflicts with earlier rights;

• Registration of collective marks and certification marks is possible.

Patent System

Types of Protection and Term

• Invention patent (Brevet d’Invention): 20 years from the filing date;

• Utility model (Modèle d’Utilité): 10 years from the filing date.

Examination Mechanism

• Invention patents are examined under a substantive examination system;

• The request for substantive examination must be filed within 3 years from the filing date;

• Average examination time is around 2–4 years.

International Routes

• Algeria is a PCT contracting state (since 2000);

• PCT international applications may enter the Algerian national phase for further examination;

• Examination standards generally follow WIPO guidelines and the requirements of the Paris Convention.

Key Features

• Examination languages are Arabic or French;

• The first-to-file principle applies;

• Granted patents must be maintained through the payment of annual renewal fees;

• In the pharmaceutical and chemical fields, formulations and supporting data are required;

• The national patent database is synchronised with WIPO PATENTSCOPE for online access.

Industrial Design Protection

Legal Basis

• Ordinance No. 03-07, Chapter III on industrial designs.

Scope of Protection

• The external appearance of a product, including shape, patterns, lines, colours, ornamentation and their combinations;

• Applicable to designs for both industrial and handicraft products.

Term of Protection

• Initial term of 10 years, renewable once, for a maximum of 20 years from the filing date.

Examination Procedure

• Examination period: approximately 6–9 months;

• Examination languages are French or Arabic;

• Formal examination only; creativity and individual character are not fully assessed at the registration stage.

Key Features

• One registration is effective throughout Algeria;

• Multiple designs may be combined in a single application, subject to the relevant requirements;

• Algeria is not yet a member of the Hague Agreement on international registration of industrial designs.