VZCZCXRO2799
PP RUEHTRO
DE RUEHTU #1818/01 2000528
ZNR UUUUU ZZH
P 190528Z JUL 06
FM AMEMBASSY TUNIS
TO RUEHC/SECSTATE WASHDC PRIORITY 1316
RUCPDOC/USDOC WASHDC PRIORITY
INFO RUEHAS/AMEMBASSY ALGIERS PRIORITY 7258
RUEHFR/AMEMBASSY PARIS PRIORITY 1605
RUEHRB/AMEMBASSY RABAT PRIORITY 8188
RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0364

UNCLAS SECTION 01 OF 04 TUNIS 001818 
 
SIPDIS 
 
SIPDIS 
 
STATE PASS TO USTR (BELL) 
STATE FOR NEA/MAG (HARRIS), EB/IPE, 
USPTO (ADLIN AND POGODA) 
USDOC FOR ITA/MAC/ONE (ROTH) AND CLDP (TEJTEL) 
PARIS FOR NEA WATCHER 
 
E.O. 12958: N/A 
TAGS: KIPR ETRD ECON TS
SUBJECT: IPR PROTECTION IN TUNISIA 
 
REF: TUNIS 1590 
 
¶1.  SUMMARY:  Tunisia has taken significant steps to 
strengthen its intellectual property rights (IPR) enforcement 
throughout 2005 and 2006.  There has been a noted change in 
attitude towards IPR among Tunisian officials, legal experts, 
and businesses.  They now consider IPR not only as a legal 
tool for the protection of a product but also an incentive to 
stimulate economic development.  The GOT has launched a 
campaign to expand IPR awareness and to fight counterfeiting 
and piracy.  On May 29, 2006, in observance of National 
Culture Day, President Ben Ali ordered the updating of the 
copyright law 1994-36 concerning literary and artistic 
copyrights.  New legislation currently before Parliament 
seeks to grant enhanced authority to the Tunisian Copyright 
Authority, (Organisme Tunisien de Protection des Droits 
d'Auteurs - OTPDA).  There has been a notable increase in the 
number of media reports on problems related to counterfeit 
products available in the country's markets.  This has led 
the GOT to take a proactive legal position on IPR for the 
first time, and to instruct local authorities to give Customs 
officials greater authority to seize counterfeit products 
without requiring a prior complaint by the patent holder. 
END SUMMARY. 
 
------------------------------ 
Upgrade of the Legal Framework 
------------------------------ 
 
¶2.  President Ben Ali's May 29 decision to update the law on 
literary and artistic copyrights (1994-36) is a signal to 
foreign investors and to Tunisian enterprises that the GOT is 
serious about strengthening and enforcing its IPR regime. 
The USG has advocated for significant reform and stronger 
enforcement of existing IPR laws, and potential investors 
both foreign and domestic criticized Tunisia,s lack of IPR 
enforcement.  As a consequence of this pressure, the GOT has 
taken steps to improve its IPR regime. 
 
¶3.  In 2005, Tunisian ministries of Interior, Commerce, 
Finance, Health, and Industry decided to coordinate their 
efforts in order to crack down on the parallel market and its 
suppliers.  They drew up a national plan called "drying up 
the sources," which tasked the relevant ministries with 
proactively enforcing current IPR laws.  Circulars were 
issued that explained the steps to be followed when carrying 
out enforcement actions.  In conjunction with this national 
plan, the Ministry of Commerce has embarked on a campaign to 
dedicate the necessary human resources and equipment to 
enable customs to focus on IPR enforcement.  The GOT is also 
working on an amendment to its Customs laws.  According to 
official sources, this amendment will give customs officials 
greater authority to respond effectively to IPR violations. 
The national plan also put in place the following: 
 
-  Use of scanner checks of merchandise at territorial 
crossing points. 
 
-  Support for coordinated follow up inspections/raids on the 
various distribution networks.  Such inspections/raids will 
involve all available enforcement apparatus (customs, the 
police and the national guard). 
 
-  Tightened control on all types of commercial exhibitions 
in order to prevent the inclusion of counterfeit imported 
goods. 
 
---------------------------- 
IPR Promotion Through Events 
---------------------------- 
 
¶4.  Local media sources support the national IPR campaign by 
increasing public awareness.  Newspapers are releasing more 
reports on counterfeit products, piracy and illegal imports. 
They highlight the risks of consuming counterfeit products 
and the harm generated on both public health and the economy. 
 They also publish surveys on the country,s weekly markets 
used by parallel market operators.  In February 2006, the 
private Tunisian TV channel Hannibal broadcast a program that 
asked whether people were aware of the damage caused to the 
economy by their purchases of counterfeit products.  Most of 
the people interviewed, clients and sellers, said they are 
aware of IPR violations but they would not have been able to 
 
TUNIS 00001818  002 OF 004 
 
 
setup a business or buy DVDs, for example, if not for 
recourse to counterfeit products. 
 
¶5.  On April 26, 2006, Tunisia celebrated World Intellectual 
Property Day.  The Tunisian Ministry of Culture delivered a 
statement stressing the role of culture as one of the pillars 
for change.  Officials from INNORPI 
(Institut National de la Normalisation et de la Proprit 
Industrielle) and the ONA (National Handicraft Agency), held 
a seminar on the protection of Tunisian handicrafts.  The aim 
was to inform and educate artisans about intellectual 
property protection and the importance of copyrighting and/or 
patenting their creations.  Presenters stressed the role of 
IPR as a way to increase the economic contribution of the 
handicraft sector to GDP growth.  They focused on the 
importance of concepts related to geographic indicators and 
registered designation of origin (RDO).  Typical Tunisian 
handicraft products with RDOs were used as examples (carpets, 
Chechia -- traditional Tunisian hats, etc).  They explained 
to the audience that by obtaining an RDO these products are 
protected in both domestic and international markets.  An 
expert on IPR gave a presentation on the World Intellectual 
Property Organization (WIPO) and on the definition of IPR. 
 
¶6.  On April 26, 2006, the Tunisian Association of Inventors 
held a conference on the utility model.  A utility model 
(aka: petty patent or innovation patent) is an intellectual 
property right to protect inventions.  It is an exclusive 
right granted for an invention, which allows the right holder 
to prevent others from commercially using that invention 
without permission for a certain period of time (usually 
between 7-10 years).  The speaker was a Tunisian lawyer, Mr. 
Ameur Boudhiba.  He explained that the patenting process 
requires 4 to 5 years, whereas the utility model requires 
much less time (averaging 6 months).  The requirements for a 
utility model are less stringent than those for a patent. 
Arguing that the cumbersome Tunisian patent procedures 
discourage researchers from applying for patents, he urged 
Tunisian authorities to amend the patent law to include the 
concept of a utility model. 
 
¶7.  The National Consumers' Defense Association (ODC), 
INNORPI, and OTPDA are educating the public on the dangers 
and economic costs of counterfeit products and are attempting 
to influence public opinion through periodical newsletters. 
They also broadcast messages and ads dealing with the 
parallel market and IPR issues (on national TV and radio 
channels). 
 
--------------------------------- 
Enforcement: Signs of Improvement 
--------------------------------- 
 
¶8.    The U.S. Department of Commerce's Commercial Law 
Development Program (CLDP) and the U.S. Patent and Trademark 
Office's (USPTO) technical assistance and capacity building 
programs have had a tremendous affect on and have provoked a 
positive change in attitude toward IPR among GOT officials. 
On January 28, 2006, the Tunis Court of Justice found a 
Tunisian shoe manufacturer guilty of trademark infringement. 
The manufacturer was producing counterfeit products of a US 
Company, Caterpillar Inc.  (Note: CAT Footwear is a 
partnership between Caterpillar INC and Wolverine World Wide 
Inc, which produces industrial footwear using the CAT and 
Caterpillar trademarks. End Note.)  The court ordered the 
manufacturer to pay a penalty of TND150/per day (USD 113.15) 
until it stops manufacturing the counterfeit products.  In 
addition, the court ordered the manufacturer to pay all costs 
related to the seizure and destruction of all counterfeit 
products bearing Caterpillar trademarks, Caterpillar and CAT. 
 The court also ordered the manufacturer to pay TND 5000 (USD 
3,771.59) sentimental loss, TND 123 (USD 92.78) judiciary 
fees, TND 300 (USD 226.3) expertise fees and TND 400 (USD 
301.72) court cost fees.  This encouraging result has led 
other well-known shoe manufacturers such as Nike, Addidas and 
Puma to seriously consider suing local counterfeiters of 
their products in the hopes of achieving similar results. 
 
¶9.  Official sources indicate that there is new IPR 
legislation to be included in the 2007 financial law 
(Tunisia's annual budget plan currently being prepared). 
This proposed legislation will allow Customs to seize 
counterfeit goods as soon they are discovered.  It will also 
 
TUNIS 00001818  003 OF 004 
 
 
close companies importing and/or marketing counterfeit 
products for a period of time.  Repeated infractions will 
result in doubling of prescribed penalties.  The same law 
will implement tightened control at the borders against 
imports from China and Asia to ensure the legitimacy of these 
products.  If/when this legislation is enacted, post will 
report septel. 
 
¶10.  The Ministry of Communications Technology has formed a 
Business Software Alliance Partnership with Microsoft 
(reftel) and has held several IPR awareness events in the 
past two years.  The Ministry and Microsoft signed an 
agreement on the fringes of a workshop in Cape Town, 
organized by Microsoft July 10-11, 2006, on improving the 
competitiveness of African Countries.  Under this agreement 
all software will be updated with certified Microsoft 
software and the industry will be regulated.  Microsoft will 
provide support to both the public and private sector in 
order to develop their competitiveness and strengthen both 
sectors' complementarity.  Future GOT tenders for IT 
equipment will specify that the equipment be Microsoft 
compatible.  A training program to educate the public on the 
need to use legitimate software will also be set up. 
 
-------------------------- 
Background/Legal Framework 
-------------------------- 
 
¶11.  Tunisia is a member of the Bern Convention for the 
Protection of Literary and Artistic Works.  The Tunisian 
Copyright Law is Law No. 36/1994.   Although the law was 
published in the Official Gazette in 1994, no procedure had 
been implemented for registering a copyright until now. 
Protection is granted to authors of literary, artistic and 
scientific works whatever the value, kind, purpose or means 
of expression.  Generally, the protection is provided for a 
work whose means of expression is written, recorded, drawn, 
or via an image or a motion picture.  It also includes 
creative titles and computer software, which is published, 
acted or displayed for the first time in Tunisia.  Works may 
be protected for the lifetime of the author plus 50 years 
following his/her death.  Software is protected for 25 years 
from the grant of the copyright.  The National Council for 
Culture is entitled to authorize documentary, translations, 
educational, cultural or scientific use of a copyrighted 
product under certain conditions.  Copyrights are registered 
by the Organisme Tunisien de la Protection des Droits 
d'Auteurs (OTPDA).  The Civil Court prosecutes all copyright 
violations and is entitled to confiscate revenues and 
counterfeit copies. 
 
¶12.  Tunisia is also a member of the November 6, 1925 Hague 
Agreement for the International Registration of Designs and 
Industrial Models.  Designs and industrial models are 
protected through registration with INNORPI.  A design or an 
industrial model registration is granted for five, ten or 
fifteen years starting from the date of filing the 
application.  A registrant for the shorter terms has the 
option of applying for an extension of the protection period 
up to the maximum of fifteen years.  A registration of a 
design or an industrial model is subject to cancellation in 
the event any interested party requests such a cancellation 
before the competent tribunal, provided that the requestor 
has also filed an application for the same design or model. 
The registration, assignment, or cancellation of a design or 
industrial model are published in the Al-Muwassafat quarterly 
gazette and entered in the Designs Register.  Any 
infringement or unauthorized use of a registered design or 
industrial model is punishable under current law. 
 
¶13.  Once an application for the registration of a patent is 
filed, it is examined as to form only.  The Tunisian Patent 
Office does not carry out any examination as to novelty or 
merit of the invention.  A patent application is published in 
the Al-Muwassafat gazette, together with a summary of the 
contents.  The grant of a patent is also published. 
Opposition to the grant of a patent may be lodged within two 
months from the date of publication of the application. 
There is no provision in the law for appealing the decision 
of the Registrar.  The provisions of the Patent Law in 
Tunisia stipulate that a patent application should be filed 
before the invention has been published, or used, or has 
otherwise received sufficient publicity to allow it to be put 
 
TUNIS 00001818  004 OF 004 
 
 
into practice either in Tunisia or abroad.  A patent is valid 
for twenty years from the date of filing of the patent 
application.  Annuities are payable from the date of filing 
and due on the anniversary date of filing.  A late fine, 
which may be calculated at the rate of 8% per month is 
payable when the annuity is paid within the six month grace 
period.  The right to a patent may be assigned or transferred 
through succession. The assignment of patent applications and 
granted patents must be made in writing.  An assignment shall 
have no effect against third parties unless it has been 
entered in the relevant records of the Patent Office. 
Tunisian law requires use of a patent within four years from 
the date of filing or three years from the date of granting 
of a patent.  As of the 10th of December 2001, Tunisia became 
the 115th member state of the Patent Cooperation Treaty 
(PCT). Any international application made after December 10, 
2001 may designate Tunisia. 
 
¶14. GOT issued a new trademark law on April 17, 2001 (No. 
36).  This law replaced the Tunisian Trademarks and Trade 
Names law Dated June 4, 1889 and its amendment of 1936. 
Tunisia follows the international classification of goods and 
services (Nice Classification) for the purpose of the 
registration of trademarks.  The revision of class 42 and the 
creation of classes 43 to 45 was adopted on January 1, 2002. 
The law contains several TRIPS compliant aspects.  These are 
the protection of colors, sound and collective marks, 
acknowledgment of well-known trademarks, and the alteration 
of the registration procedure allowing for examination by 
Tunisian authorities.  The registration is published in 
Al-Muwassafat for two months, during which time any party can 
file its opposition to the granting of a trademark.  Once the 
opposition period has passed if no opposition has been filed, 
the trademark is registered and a certificate of registration 
is issued.  Protection under the law is granted for 10 years 
from the filing date.  Fines levied by court decisions on 
infringers can range from TND 5,000 (approximately USD 3,800) 
to TND 50,000 (approximately USD 38,000). The law also 
requires use of a trademark within a period of five years 
after it has been granted. 
 
¶15. Comment.  The recent efforts by GOT to proactively 
enforce existing IPR laws and to bring new strengthened 
legislation into force signal that there has been a positive 
shift in attitude toward IPR.  The national plan seems to be 
having a very positive effect on IPR enforcement in Tunisia. 
End Comment. 
HUDSON