Algeria - Protecting Intellectual PropertyAlgeria - Protecting IP
While the legal framework for intellectual property rights (IPR) has improved, it remains weak, and the enforcement of these laws is still inadequate. Counterfeiting is common, especially in cosmetics, clothing and shoes, electrical appliances, automotive aftermarket products, computer hardware components and software, some consumer and food products (such as shampoo and baby formula), and medicine.
Several general principles are important for effective management of IPR in Algeria. First, it is important to have an overall strategy to protect your IP. Second, IP is protected differently in Algeria than in the United States. Third, rights must be registered and enforced in Algeria, under local laws. U.S. trademark and patent registrations will not protect you in Algeria.
Be aware that an “international copyright” that automatically protects an author’s writings throughout the entire world does not exist. Protection against unauthorized use in a particular country depends, essentially, on the national laws of that country. However, most countries do offer copyright protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.
Registration of patents and trademarks is on a first-in-time, first-in-right basis, so companies should consider applying for trademark and patent protection even before selling products or services in Algeria. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. Government cannot enforce rights for private individuals in Algeria. It is the responsibility of the rights holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Algerian law. The Commercial Service can provide a list of local lawyers upon request.
While the U.S. Government stands ready to assist, there is little we can do if the rights holders have not taken the fundamental steps necessary to securing and enforcing their IP in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights on a mistaken belief that the U.S. Government can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, estoppel, or unreasonable delay in prosecuting a lawsuit. In no instance should U.S. Government advice be seen as a substitute for the obligation of a rights holder to promptly pursue its case.
It is always advisable to conduct due diligence on potential partners and give your partner clear incentives to honor the contract. A good partner is an important ally in protecting IPR. Consider carefully, however, whether to permit your partner to register your IPR on your behalf. Doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Monitor your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Algeria require constant attention. Work with legal counsel familiar with Algerian laws to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions.
Small- and medium-sized companies should work with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Algerian and U.S.-based. These include:
American firms do find recourse against producers and sellers of counterfeit goods through the courts, but this requires diligence on the part of the claimant, experienced local legal representation, and clear documentation in order to have counterfeits seized and destroyed.
On January 1, 2009, a law took effect that banned all imported pharmaceutical drugs and medical devices for which equivalents are produced in Algeria. For a list of these banned products, please contact Department of Commerce Desk Officer Arica Young at 202-482-6219; Arica.Young@trade.gov. This import ban is a market access barrier for those firms relying on IPR protection because the ban specifically targets non-generics. The pharmaceutical ban led the U.S. Trade Representative to place Algeria on its Priority Watch List in 2009, where it remained through 2018.
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.
Several general principles are important for effective management of IPR in Algeria. First, it is important to have an overall strategy to protect your IP. Second, IP is protected differently in Algeria than in the United States. Third, rights must be registered and enforced in Algeria, under local laws. U.S. trademark and patent registrations will not protect you in Algeria.
Be aware that an “international copyright” that automatically protects an author’s writings throughout the entire world does not exist. Protection against unauthorized use in a particular country depends, essentially, on the national laws of that country. However, most countries do offer copyright protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions.
Registration of patents and trademarks is on a first-in-time, first-in-right basis, so companies should consider applying for trademark and patent protection even before selling products or services in Algeria. It is vital that companies understand that intellectual property is primarily a private right and that the U.S. Government cannot enforce rights for private individuals in Algeria. It is the responsibility of the rights holders to register, protect, and enforce their rights where relevant, retaining their own counsel and advisors. Companies may wish to seek advice from local attorneys or IP consultants who are experts in Algerian law. The Commercial Service can provide a list of local lawyers upon request.
While the U.S. Government stands ready to assist, there is little we can do if the rights holders have not taken the fundamental steps necessary to securing and enforcing their IP in a timely fashion. Moreover, in many countries, rights holders who delay enforcing their rights on a mistaken belief that the U.S. Government can provide a political resolution to a legal problem may find that their rights have been eroded or abrogated due to legal doctrines such as statutes of limitations, estoppel, or unreasonable delay in prosecuting a lawsuit. In no instance should U.S. Government advice be seen as a substitute for the obligation of a rights holder to promptly pursue its case.
It is always advisable to conduct due diligence on potential partners and give your partner clear incentives to honor the contract. A good partner is an important ally in protecting IPR. Consider carefully, however, whether to permit your partner to register your IPR on your behalf. Doing so may create a risk that your partner will list itself as the IP owner and fail to transfer the rights should the partnership end. Monitor your cost structure and reduce the margins (and the incentive) of would-be bad actors. Projects and sales in Algeria require constant attention. Work with legal counsel familiar with Algerian laws to create a solid contract that includes non-compete clauses, and confidentiality/non-disclosure provisions.
Small- and medium-sized companies should work with trade associations and organizations to support efforts to protect IP and stop counterfeiting. There are a number of these organizations, both Algerian and U.S.-based. These include:
-
- The U.S. Chamber and local American Chambers of Commerce
- National Association of Manufacturers (NAM)
- International Intellectual Property Alliance (IIPA)
- International Trademark Association (INTA)
- The Coalition Against Counterfeiting and Piracy
- International Anti-Counterfeiting Coalition (IACC)
- Pharmaceutical Research and Manufacturers of America (PhRMA)
- Biotechnology Industry Organization (BIO)
American firms do find recourse against producers and sellers of counterfeit goods through the courts, but this requires diligence on the part of the claimant, experienced local legal representation, and clear documentation in order to have counterfeits seized and destroyed.
On January 1, 2009, a law took effect that banned all imported pharmaceutical drugs and medical devices for which equivalents are produced in Algeria. For a list of these banned products, please contact Department of Commerce Desk Officer Arica Young at 202-482-6219; Arica.Young@trade.gov. This import ban is a market access barrier for those firms relying on IPR protection because the ban specifically targets non-generics. The pharmaceutical ban led the U.S. Trade Representative to place Algeria on its Priority Watch List in 2009, where it remained through 2018.
Prepared by the International Trade Administration. With its network of more than 100 offices across the United States and in more than 75 markets, the International Trade Administration of the U.S. Department of Commerce utilizes its global presence and international marketing expertise to help U.S. companies sell their products and services worldwide. Locate the trade specialist in the U.S. nearest you by visiting http://export.gov/usoffices.