Designs and Models
Legal Basis
– Industrial Designs and Models Protection Law No. 2001-21 of February 6, 2001.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act, since June 13, 2012.
– Convention Establishing the World Intellectual Property Organization (WIPO), since November 28, 1975.
– WTO’s TRIPS Agreement, since March 29, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 30, 2018.
Filing and Protection
Applicant: inventor of the model or his assignee (individual or company).
Foreigners and nationals living abroad: must appoint a representative residing in Tunisia.
Novelty: the characteristics of the designs or models must be new at the time of their creation, but prior public use does not invalidate the filing.
Examination: no examination as to novelty.
Exceptions to protection: objects not answering to useful purpose and whose form and appearance are rendered necessary to attain this purpose.
Beginning of protection: date of filing.
Duration: five, ten or fifteen years.
Extension of duration: filings of five-year duration can be extended for five or ten years; filings of ten-year duration, for five years; filings of fifteen-year duration cannot be extended.
Annuities: none; one tax during the filing.
Validation of invalidated models: not possible.
Working: not compulsory.
Penalty for infringement: fine, confiscation, payment of damages and/or imprisonment.
Series applications: a single filing may include up to 50 designs or models.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (not legalized);
2. Originals of each model or design, or 2 reproductions or 2 photographs, and legend if necessary;
3. If priority is claimed: certified copy of corresponding home application.