Designs

– Ordinance No. 66-86 of April 28, 1966.
– Decree No. 66-87 of April 28, 1966 and Implementing Ordinance No. 66-86.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act (1967), since March 1, 1966.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 16, 1975.

Filing

Applicant: the inventor or his duly authorized assignee. The applicant’s full name and address must be provided.

Registrable designs: the following may be registered as designs: (a) an arrangement of colors or lines which give a manufactured product a distinctive appearance; (b) any three-dimensional configuration, whether associated with colors or not, and any manufactured article which may be used as a model for the manufacture of similar articles and which is distinguishable from other products by reason of its configuration.

Novelty: a design is new if it has not been created before. Publication of the design prior to the application for registration does not destroy novelty.

Series application: an application may cover from one to one hundred designs of the same nature.

Filing requirements for an application (to be sent to resident agent):
1. An application form in quadruplicate. This can be prepared and signed by the agent;
2. A power of attorney (no legalization is necessary);
3. 6 identical copies of representations of the design or 2 specimens of the actual design (provided that the overall dimensions of the specimens are between 8 and 48 cm). All the representations or the specimens must be lodged in a sealed container, which must not exceed 50 cm in length and width or 25 cm in height, and must not weigh more than 8 kg. Short description in French of the design must also be lodged in the sealed container;
4. If priority is claimed, a certified copy of the basic registration is required; it may be lodged within three months from the filing date. An application may comprise several designs or models.

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures).

For the recordal of an assignment:
1. A deed of assignment, signed by both parties, together with a sworn translation into French if the assignment deed is in another language; no legalization is necessary;
2. A power of attorney, not legalized.

Examination, Protection

Procedure: a filing receipt is issued immediately after application.

Examination: as to formal requirements only.

Publication: the design falls open to public inspection one year after the date of filing, unless an application for withdrawal has previously been made.

Duration: ten years from the date of filing in Algeria. This period is divided into two parts: a first period of one year, after which the design falls open to public inspection, and a second period of nine years.

Secrecy: during the first period of one year from the filing date, the design remains secret, unless publication is specifically requested by the registered owner. On expiry of the first year, the design falls open to the public.

Renewal: an application must be filed for extension of the term of the design beyond the first period of one year. Such an application may be filed during the first year of protection, or within six months after expiry of the first year.

Opposition: not provided for.

Marking: not compulsory.

Working: not provided for.

Assignments: must be recorded at the Designs Office to be effective. Recordal of assignments is entered in a special Register. Rights as regards a design may be assigned wholly or partly.

Infringement: actions for infringement may be brought before the court by the registered owner. The confiscation of articles infringing the design may be ordered by the court.