Tunisia 

Tunisia

Paths to protection

Ways to protect your invention

Patents are a way of protecting your inventions. By filing a successful patent you will be awarded a monopoly to exploit your invention for a period of time.

National Patents are the most effective way of defending your invention if you only require protection in a single jurisdiction. If this is not enough for your needs, this country has signed international agreements on patents, which facilitate their internationalization:

PCT (Patent Cooperation Treaty)

The PCT system allows simplified international patent applications which in turn eases national filings.

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EPO (European Patent Organization)

EPO is responsible for granting European Patents.

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Additional Information

Discuss your Intellectual Property Protection strategy with us

If you need to protect your Intellectual Property abroad, through our Global Network of offices and associates, we can make your Intellectual Property assets expand to every nation you desire, ensuring full legal protection of your rights.

If you have further questions, we would be delighted to schedule a conference call and answer any questions you may have.

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Tunisia

Patent Details and Timeframes

Priority claim

Available

Substantive Examination

Unavailable

Body responsible for non-use cancellations

Court

Time until registration

3 years

Opposition Period

2 months

Use Requirement Period

4 years

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National Filing Requirements

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  Deed of Assignment.
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  Deed of assignment, simply signed (if applicable).
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney from the licensor and licensee, simply signed.
  •  License agreement.

Remarks: Deed of Assignment and License Agreement must be accompanied with a certified French or Arabic translation.

PCT Filing

  •  Power of attorney, simply signed.
  •  Applicant data.
  •  Copy of priority document (if applicable).
  •  Patent title, abstract, description, claims and drawings.
  •  Deed of Assignment.
  •  International search report.
  •  Power of attorney, simply signed.
  •  Power of attorney, simply signed.
  •  Deed of Assignment.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney, simply signed.
  •  Certified copy of the certificate of incorporation or extract from the commercial register.
  •  Power of attorney from the licensor and licensee, simply signed.
  •  License agreement.

Remarks: Deed of Assignment and License Agreement must be accompanied with a certified French or Arabic translation.

Latest news

OPINION

Increase in IP fees could shake up filing in Ghana and Tunisia

Many African countries have raised their IP fees in the past few years. This is due to economic growth, a rising interest in protecting IP assets and the modernisation of countries’ IP systems. For example, in 2017, the Democratic Republic of Congo hiked up its prices by roughly 15% and South Africa’s Trademark Office announced an increase in official fees (effective from 1 October 2019). Egypt has also stated its intention to follow suit for industrial property services payments. This article focuses on Ghana and Tunisia, which have both raised costs for their IP services this year.   Tunisia The Tunisian Ministry of Industry, Energy and Small and Medium-sized Entities issued Decree 29/2020, which declared a radical increase – effective from 27 January – in official payments across all types of IP service. Trademark prosecution fees have gone up by an astonishing 100%, patent prosecution services by 30% and industrial designs prosecution services by 20%. However, it is important to remember that these costs had not changed since 2001 – an update is therefore unsurprising and probably overdue. Although a 100% increase may alarm brand owners and possible investors, in comparison with other countries outside and within Africa, Tunisian fees remain very reasonable and it seems highly unlikely that the volume of IP assets filings will be affected. The cost of registering a trademark is now $142, plus a registration fee of $36 per each trademark. Further, under normal circumstances, a trademark application is approximately $178 per class. Overall, Tunisia’s increase is not that significant when compared to other thriving African countries.   Ghana Ghana’s economy is growing steadily, which may justify the increase in industrial property-related applications and the consequent opportunity to hike up costs. On 19November 2019, the Ghanaian government reviewed its payment structure for industrial property services and allegedly decided that fees in this field will increase by 20%, which is a significant rise, especially with regard to patents. In accordance with the proposed new schedule effective from 19 May 2020, a trademark application will be $240, plus the issuance of the registration certificate, which is a further $240. Further, it will be $440 per class.   This is a co-published article, which was originally published in the World Trademark Review (WTR).

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