| How protect your IP rights in Tunisia? |
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Achour law firm is widely recognized for its incisive advice and assistance in this area in relation to the different ways in which clients may register and protect their intellectual property rights and capitalize on such rights through the selling and licensing of the same in Tunisia and around the globe. Patent protection A patent is a title deed granted to the owner with a temporally exclusive right to exploit his invention. What is an invention? Any invention, which is a product or a manufacturing process, can be protected by a patent. The patent is granted for new inventions involving an inventive activity that may be applied in manufacturing. What are the conditions of patentable inventions? 1. Novelty An invention is new when it is not included in the prior art. The prior art is made up of all what is publicly accessible before the filing date of the patent application or the date of priority duly claimed for this application, through an oral or written description or any other means. 2. Inventive activity An invention shall be considered as involving an inventive activity if it is not evident for a person with an average knowledge of the technical field at the filing date of the patent application. 3. Industrial application An invention shall be industrially applicable. This requirement is fulfilled when the invention can be manufactured or used in any type of industry or in agriculture. 4. The following shall not be considered as inventions: ▪ Purely ornamental creations; ▪ Purely scientific discoveries and theories as well as mathematical methods; ▪ Schemes, rules and methods meant to be used : For performing purely intellectual activities, In diagnostic, therapeutic and surgical methods for the treatment of humans and animals, In the field of games, In economic activities, In software, In informative presentations, Any living substances existing in nature. 5. The patent shall not be granted for : • Varieties of plants, animals or substantially biological processes to obtain new plants or animals except for biomedical processes and products obtained through these processes. • Inventions whose publication or implementation is conflicting with accepted standards of order public, morality or with public health or safety of the environment. The protection conferred by a patent shall last 20 years beginning from the filing date of the application. At the risk of forfeiture, the patent holder shall regularly pay the annuities for keeping the patent in force. Trademark protection A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection. The system helps consumers identify and purchase a product or service because its nature and quality, indicated by its unique trademark, meets their needs. What are the advantages obtained through filing a trademark application? The ownership of a mark is acquired through registration. The registration grants an exclusive right to use the mark and protect it against counterfeiters and imitators. The protection is secured for an indefinitely renewable 10-years period. Industrial designs protection An industrial design/pattern is the ornamental or aesthetic aspect of an article. The industrial design is any feature or ornament applied to an article to create an original decorative effect. The industrial pattern may consist of any shape associated or not with lines or colours, so that this association appeals to the eye and gives a special appearance to the industrial or handicraft product. |
