تونس

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Decree No. 2001-328 of January 23, 2001, specifying the procedure for the keeping of the National Register of Patents

and for the making of entries in that Register

The President of the Republic,

On a proposal by the Minister of Industry,

Considering Law No. 82-66 of August 6, 1982, on Standardization and Quality, notably Article 4 thereof,

Considering Law No. 2000-84 of August 24, 2000, on Patents, notably Article 37 thereof,

Considering Decree No. 82-1314 of September 24, 1982, on the organization and operation of the National Institute of Standardization and Industrial Property,

Considering the advice of the Administrative Tribunal,

Decrees as follows:

1. The following shall be entered in the National Register of Patents, hereinafter referred to as “the Register”, in respect of every patent application or patent.

(1) The following particulars:

— where the applicant is a natural person: surname and forename, nationality and address;

— where the applicant is a legal entity: business style, legal form, nationality, address of its registered office and surname and forename, nationality and address of its legal representative;

— name and address of the agent, if appointed.

All changes affecting the above particulars shall likewise be entered in the Register.

(2) The references of the patent application or patent and all subsequent acts affecting the existence or scope thereof.

(3) The petition and also the suspension and the resumption of the grant procedure in the event of a claim of ownership of a patent application.

(4) Acts changing the ownership of the patent application or patent, or the scope of the enjoyment of the rights deriving therefrom, such as assignment, transfer, licensing, the making or redemption of a pledge, or seizure and the confirmation or lifting thereof.

(5) Corrections of factual errors in Register entries.

2. Particulars, changes or corrections concerning patent applications or patents shall be entered in the Register at the request of either the owners thereof or any party having a legal interest therein or on the initiative of the entity responsible for industrial property.

3. The Register shall be kept manually or by means of a computerized process.

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Entries shall be made in the Register in numerical order according to the date and the nature of the operation performed.

4. The entry file shall comprise:

(a) a written entry request in duplicate;

(b) any document in support of the entry;

(c) proof of payment of the prescribed fee;

(d) the agent’s power of attorney, where applicable.

5. Any entry in the Register shall be mentioned in the official bulletin of the entity responsible for industrial property.

6. The Minister of Industry is entrusted with the implementation of this Decree, which shall be published in the Official Journal of the Tunisian Republic.

Tunis, January 23, 2001 Zine El Abidine Ben Ali

Note: Translation by the International Bureau of WIPO.