Industrial Designs Law in Tunisia
Here’s an overview of Industrial Designs Law in Tunisia:
🔹 Legal Framework
Primary Legislation:
Industrial designs in Tunisia are governed by Law No. 2001-39 on the protection of industrial designs and models, enacted in 2001.
Administered by the National Institute for Standardization and Industrial Property (INNORPI) — Institut National de la Normalisation et de la Propriété Industrielle.
International Agreements:
Tunisia is a member of:
The Paris Convention for the Protection of Industrial Property
The World Intellectual Property Organization (WIPO)
The Hague Agreement Concerning the International Registration of Industrial Designs
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
This enables Tunisia to participate in international design protection through the Hague System.
🔹 What Can Be Protected
Industrial designs protect the appearance of products, including lines, contours, colors, shape, texture, or materials.
The design must be:
New (not disclosed publicly before the filing date).
Have an individual character (creating a different overall impression compared to prior designs).
Designs dictated purely by technical or functional considerations are excluded.
🔹 Registration Process
Application:
Applications are filed with INNORPI.
Must include:
Completed application form.
Clear representations of the design (drawings or photos).
Payment of fees.
Examination:
INNORPI conducts a formal examination (checking formalities and completeness).
There is no substantive examination of novelty or individual character.
Publication:
Registered designs are published in the official gazette.
Duration:
Initial protection is for 5 years from the filing date.
Renewable for four consecutive 5-year periods.
Maximum protection duration is 25 years.
🔹 Rights and Enforcement
The owner has exclusive rights to use, manufacture, sell, or license the design.
Remedies for infringement include injunctions, damages, and seizure of infringing goods.
Enforcement can be pursued through Tunisian courts.
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