WORLD TRADE
ORGANIZATIONIP/N/6/TUN/1
10 December 2001
(01-6253)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  French
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses by Tunisia
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have juri sdiction over IPR infringement cases.
Under Article 21 of the Code of Civil and Commercial Procedure (CCCP), the jurisdiction of
the courts depends on the nature and amount of the claim.
Moreover, under Article 22 CCCP, where the value of the subject-matter of the proceedings
cannot be determined, the court of first instance alone may hear the case and rule at first instance.
Similarly, Article 40 CCCP calls for the court of first instance to hear all cases at first instance, unless
expressly provided otherwise by law.
As regards territorial jurisdiction, "whether he be a natural or a legal person, proceedings
against the defendant must be brought before the c ourt of his effective or elected domicile" (Article 30
CCCP) and, according to Article 31 CCCP, "if the defendant does not have a known domicile in
Tunisia, proceedings shall be brought before the court of domicile of the plaintiff".
2. Which persons have standing to assert IP Rs?  How may they be represented?  Are there
requirements for mandatory personal appearan ces before the court by the right holder?
Which persons have standing to assert IPRs?
Under Article 19 CCCP, an action may be brought by anyone having the standing and capacity
to assert his rights before the courts.  At the same ti me, the plaintiff must have an interest in bringing the
action.  The same article also states that "the  court must, of its own motion, declare the action
inadmissible if the file shows the plaintiff to be incompetent or to lack standing".
In accordance with these provisions, any natural or legal person holding intellectual property
rights may assert his rights before the courts.
                                                     
1 Document IP/C/5.IP/N/6/TUN/1
Page 2
How may they be represented?
According to Article 68 CCCP, "Representation by an attorney shall be compulsory before the
court of first instance, except in matters of personal law".
"The attorney’s chambers shall be regarded as  his client’s elected domicile at the level of
jurisdiction for which he is responsible".
Moreover, in the particular case of appeals against decisions of the legal representative of the
body responsible for industrial property, the industria l property legislation and, in particular, Article 44
of Law No. 2000-84 on Patents, Ar ticle 32 of Law No. 2001-20 on the Protection of Layout-Designs of
Integrated Circuits, Article 22 of Law No. 2001-21 on the Protecti on of Industrial Designs, and
Article 42 of Law No. 2001-36 of 17 April 2001 on th e Protection of Trademarks, provide for the
plaintiff to be represented before the court by an agent.
Are there requirements for mandatory personal appearances before the court by the right
holder?
There are no requirements for mandatory personal appearances by the right holder.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
This authority is conferred on the judicial authorities by various provisions including, in
particular, Article 225 CCCP, according to which "at an y stage of the proceedings, the court may, of its
own motion, order a third party to be joined to th e proceedings when it considers that the presence of
the latter is indispensable to the assessment of the case".
Moreover, under Article 101 CCCP, "if it is necessary to proceed to an expert examination and
the parties are unable to agree on the choice of an expert, the expert shall be appointed by the judge".
4. What means exist to identify and protect confidential information brought forward as
evidence?
There are numerous statutory provisions  that deal with this situation:
Article 168 of the Labour Code requires the members of the board and the representatives of the
employees to keep secret any information of a confidential nature that they acquire during the
performance of their duties, as well as anything relating to manufacturing processes.
Any breach of this rule will render them liabl e to the penalties laid down in Articles 138 and
254 of the Criminal Code.
Article 138 of the Criminal Code specifies, in addition to a fine, a two-year term of
imprisonment for a factory manager, clerk or wo rker who discloses or communicates his company’s
manufacturing secrets.  Attempted disclosu re or communication is also punishable.
Article 61 ter of the Criminal Code states that: "Any Tunisian or any foreigner who, without the
prior authorization of the competent authority, de livers or communicates to a person acting on behalf of
a foreign power or enterprise an invention of interest for national defence or information, research or
manufacturing processes relating to an invention of interest for defence shall be guilty of a breach of
external State security".IP/N/6/TUN/1
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5. Describe the remedies that may be ordered  by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- injunctions;
- damages, including recovery of profits, and expenses, including attorney's fees;
- destruction or other disposal of infr inging goods and materials/implements for
their production;
- any other remedies.
Injunctions
The judicial authorities may take various types of decisions, in the form of interim orders,
payment orders, and final or other judgements.
- Interim orders
Under Article 201 CCCP, "interim orders may be made on urgent applications
without prejudice to the main proceedings".
Interim orders on urgent applications may be made by the president of the court of first
instance or his deputy, or by the district j udge, where so authorized by law (Article 202
CCCP).
Interim orders made on urgent applicati ons are enforceable twenty-four hours after
being served, except where the court has granted an extension.
The order will be enforced without security, unless the judge has ordered that security
be provided (Article 207 CCCP).
- Payment orders
Under the terms of Article 59 CCCP, any claim for the payment of a debt, where the
latter, whatever its nature, is for a specific amount and has a contractual origin, may
be submitted under the payment order procedure.
- Judgements
The judgement will not be final if the decision can be appealed.  However, it may still
be made immediately enforceable, with or without security, depending on the
circumstances of the case (Articles 126 and 286 CCCP).
- Final judgements
The final judgement brings the case to a close by deciding the question forming the
subject-matter of the proceedings.IP/N/6/TUN/1
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Damages, including recovery of profits, and expenses, including attorney's fees
Under Articles 82 and 83 of the Code of Oblig ations and Contracts (COC), anyone who
knowingly or deliberately causes pecuniary or non-p ecuniary damage to others must make good the
damage, where it is established that his action was the direct cause.
Moreover, it is in the same spirit that Article 82 of the Law on Patents, Article 34 of the Law on
the Protection of Layout-Designs of Integrated Circuits, Article 24 of the Law on the Protection of
Industrial Designs, and Article 44 of the Law on th e Protection of Trademarks provide for the civil
liability of the infringer.
Destruction or other disposal of infringing g oods and materials/implements for their production
According to Article 55 of the Law on the Prot ection of Trademarks, Article 36 of the Law on
the Protection of Layout-Designs of Integrated Ci rcuits, and Article 26 of the Law on the Protection of
Industrial Designs, if the court finds against the defendant it may order the destruction or disposal
outside the channels of commerce of the products or  goods found to be infringing and the forfeiture of
the implements used to make them.
Any other remedies
Under Article 34 of the Law on the Protection of  Layout-Designs of Integrated Circuits,
Article 24 of the Law on the Protection of Industr ial Designs, and Article 54 of the Law on the
Protection of Trademarks, in every case the court may order that the entire judgement or excerpts
therefrom be published, at the expense of the unsuccessf ul party, in the newspapers it shall specify and
displayed in the places it shall designate, in particular  at the main gates of factories or workshops of that
party or in his shop windows.
6. In what circumstances, if any, do judicial authorities have the au thority to order the
infringer to inform the righ t holder of the identity of third persons involved in the
production and distribution of the goods or services found to be infringing and of their
channels of distribution?
Within the context of criminal proceedings for infringement, the judicial authority and its aides
are authorized to request from the person accused any information or clarification concerning his
accomplices, the beneficiaries of the infringing act and the fate of the articles to which the offence
relates.  Obviously, the person accused has a right to silence and may refuse to answer any questions.
However, the criminal court will take such silen ce into consideration in assessing the penalty to be
imposed, the logical consequence of which is to discourage the accused from displaying suchrecalcitrance.
The results of the criminal investigation may be used to support a civil action, whether brought
separately or concurrently with the criminal action.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.  To
what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
Article 87 of the Law on Patents, Article 38 of the Law on the Protection of Layout-Designs of
Integrated Circuits, Article 28 of the Law on the Protection of Industria l Designs, and Article 49 of the
Law on the Protection of Trademarks provide that wh ere an action for infringement is brought before
the court, the judge may, provisionally and on pain of  a fine, prohibit the continuation of the allegedly
infringing acts or make the prohibition of continuation subject to the provision of security designed toIP/N/6/TUN/1
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ensure the possible indemnification of the defendant if the action for infringement subsequently proves
to be unfounded.
Moreover, the application for prohibition or th e provision of security will only be accepted if
the action on the merits is deemed to be serious and is initiated within one month of the date on whichthe holder of the industrial property right b ecame aware of the facts on which it is based.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
In general, the length and cost of proceedings are not fixed.  Both depend on the nature and
complexity of the case, the fees of the attorneys and experts, etc.
However, there are several provisions that place time-limits on court  proceedings.Thus, according to Article 207 CCCP, interim orde rs on urgent applications are enforceable
twenty-four hours after being served, except where the court has granted an extension.
This article also provides that in cases of  extreme urgency the court may order immediate
enforcement before registration.  It may al so order enforcement without prior service.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to  any administrative procedures on the merits
and remedies that may result from these procedures.
The Tunisian legislation does not provide for such remedies.
Provisional measures
(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Several types of provisional measures may be taken depending on the category of the right
infringed.
Thus, Law No. 2000-84 of 24 August 2000 on Patent s provides for a detailed description, with
or without attachment, of the allege dly infringing products or processes by a bailiff assisted by an expert
under an order made by the president of the court on an ex parte  application.  In the event of attachment,
the order may require the applicant to furnish security which must be posted before the goods are
attached.
Similar measures can be found in:
- Law No. 2001-20 of 6 February 2001 on the Protection of Layout-Designs of
Integrated Circuits (Article 38);
- Law No. 2001-21 of 6 February 2001 on the Protection of Industrial Designs
(Article 28);  and
- Law No. 2001-36 of 17 April 2001 on the Protection of Trademarks (Article 50).IP/N/6/TUN/1
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Protective measures may also be ordered in the event of the infringement of a right attaching to
indications of source or appellati ons of origin, in particular unde r Article 30 of Law No. 99-57 of
28 June 1999 according to which the officers responsible for monitoring appellations of origin and
indications of source may seize products put on sa le under guaranteed appellations of origin or
indications of source and suspec ted of not coming from the geographical area designated by the
appellation or indication.  They may also seize pr oducts coming from the geographical area designated
by the appellation or indication but not meetin g the specified technical production requirements.
Seizures must be made in accordance with the pr ocedures laid down in the consumer protection
legislation in force.
11. In what circumstances may such measures be ordered inaudita altera parte ?
These measures may be ordered because of urgency or difficulties relating to the enforcement of
a judgement delivered or a writ of execution.  They are taken by the president of the competent court or
his deputy sitting in chambe rs (Articles 201 and 210 CCCP).
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time-limits and safeguards to protect the
legitimate interests of the defendant.
The measure is initiated under the interim procedure by ex parte  application to the president of
the competent court who may prohibit, provisionally  and on pain of a fine, the continuation of the
allegedly infringing acts or make such continuation subject to the provision of security designed to
ensure the indemnification of the owner of the mark or an exclusive right (Article 49 of the Law on the
Protection of Trademarks).
A similar provision is also contained in the le gislation concerning patents, layout-designs of
integrated circuits and industrial designs.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The length of the proceedings is generally shorte r and the cost usually less than in the case of
proceedings on the merits.
As with proceedings on the merits, the costs of provisional proceedings are borne by the losing
party.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
The Tunisian legislation does not provide fo r any administrative provisional measures.IP/N/6/TUN/1
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Special requirements related to border measures
15. Indicate for which goods it is possible to  apply for the suspension by the customs
authorities of the release into  free circulation, in particular whether these procedures are
available also in respect of goods which invol ve infringements of intellectual property
rights other than counterfeit trademark or  pirated copyright goods as defined in the
TRIPS Agreement (footnote to Article 51).  Specify, together with relevant criteria, any
imports excluded from the application of su ch procedures (such as goods from another
member of a customs union, goods in transit or de minimis  imports).  Do the procedures
apply to imports of goods put on the market in  another country by or with the consent of
the right holder and to goods destined for exportation?
Apart from counterfeit trademark and pirated c opyright goods, applications for suspension by
the customs of the release into free circulation of goods involving infringements of intellectual property
rights have also been extended to:
- goods that infringe a patent;- goods incorporating a counterfeit industrial design;- goods incorporating a copied layout-design of an integrated circuit.
16. Provide a description of the main elements of  the procedures relatin g to the suspension of
the release of goods by customs authorities,  in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements
related to the duration of susp ension (Article 55).  How have Articles 53 (security or
equivalent assurance), 56 (indemnification of the importer and of the owner of the goods)
and 57 (right of inspection and information) been implemented?
Competent authorities
Patent owners, creators of layout-designs of  integrated circuits, proprietors of protected
industrial designs, owners of registered trademarks or their successors in title who have good grounds
for suspecting that goods that in fringe their rights are being imported may lodge an application in
writing with the customs services for the suspen sion of the customs clear ance of those goods at
importation.
Requirements for an application
Under the terms of the provisions in force, the application must contain:
- the full name/business name and address of the applicant;- evidence that the applicant is the holder of a right in the goods at issue;- a description of the goods detailed enough to enable the customs services to recognize
the goods.
In addition, the applicant should provide any other useful information at his disposal that might
enable the customs services to take a decision in full knowledge of the facts, although the provision of
this information does not constitute a condition of ad missibility of the application.  In particular, such
information may relate to:IP/N/6/TUN/1
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- the location of the goods or their intended destination;
- the identification of the consignment or packages;- the estimated date of arrival or warehousing of the goods;- the means of transport used;- the identity of the importer, exporter or holder of the goods.The application must also include an undertaking on the part of the applicant to assume liability
in respect of the importer if it is formally proved that the goods detained by the customs services do not
constitute an infringement of the protected industrial property right.
The applicant must inform the customs services if his right is no longer validly registered or has
expired.
Various requirements related to the duration of suspension
Where the customs services find, if necessary af ter consulting the applicant, that the goods
correspond to those described in the applicati on, they will proceed to detain those goods.
The customs services will immediately inform th e applicant and the importer of the action taken
and give them the opportunity to inspect the goods de tained and take samples for the purpose of carrying
out any tests or analyses needed to establish the existence of an infringemen t, in accordance with the
provisions of the Customs Code and without prejudice to the principle of confidentiality of information.
Provided that all the customs formalities have  been satisfied, the detention measure will be
discharged ipso jure , unless within ten working days of being notified of the detention of the goods the
applicant can show to the satisfaction of the custom s services that he has initiated civil or criminal
proceedings before the competent court and that prot ective measures have been ordered by the president
of the court and security sufficient to cover his li ability in respect of the persons concerned has been
posted.
The amount of this security is fixed by the court.
Where appropriate, the above-mentioned initial period  may be extended by a maximum of ten
working days.
Moreover, the owner of the goods, the importer a nd the consignee may obtain the release of the
goods by posting security whose amount will be fixed by  the court and must be sufficient to protect the
interests of the applicant, provided that  all the customs formalities are satisfied.
If the detention measure is discharged, the cust oms services must promptly inform the owner,
the importer and the consignee, together with the applicant.
Security or equivalent assurance and indemnific ation of the importer and of the owner of the
goods
The detention measure will be discharged ipso jure , unless within ten working days of being
notified of the detention of the goods the applicant can show to the satisfaction of the customs services
that he has initiated civil or criminal proceedings a nd that protective measures have been ordered by theIP/N/6/TUN/1
Page 9
competent court and security sufficient to cover his li ability in respect of the persons concerned has been
posted.
The amount of this security is fixed by the court.
The owner of the goods, the importer and the consignee may obtain the release of the goods by
providing security whose amount will be fixed by the c ourt and must be sufficient to protect the interests
of the applicant, provided that a ll the customs formalities are satisfied.
Moreover, where the application has been accep ted or where detention measures have been
taken, the customs services may require the applicant to  post security sufficient to ensure payment of the
costs incurred as a result of keeping the goods under customs control.
Right of inspection and information
Upon receipt of an application drawn up in ac cordance with the provisions governing the
lodging of applications, the customs services will examine the application and immediately inform the
applicant of their decision in writing.
The reasons for the decision must be duly given.Where the customs services find, if necessary af ter consulting the applicant, that the goods
correspond to those described in the applicati on, they will proceed to detain those goods.
The customs services will immediately inform th e applicant and the importer of the action taken
and give them the opportunity to inspect the goods de tained and take samples for the purpose of carrying
out any tests or analyses needed to establish the existence of an infringemen t, in accordance with the
provisions of the Customs Code and without prejudice to the principle of confidentiality of information.
Upon production of an order made by the president of the court on an ex parte  application and
in order to facilitate the initiation of legal proceedin gs, the customs services will inform the applicant of
the full names and addresses of the exporter, the importer and the consignee of the goods, if they are
known to them, as well as of the quantity of th e goods forming the subject of the application.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of
decisions by the compet ent authorities for the suspension of the relea se of goods into free
circulation?
Notwithstanding the rules concerning the provis ion of security to cover any liability of the
applicant in respect of the importer in the event of  it being duly proved that the goods detained do not
infringe the protected right and those concerning th e posting of security with the customs services to
ensure the payment of costs incurred as a result of  keeping the goods under customs control, the border
measure procedure is always applicable.
18. Are competent authorities required to act upo n their own initiative and, if so, in what
circumstances?  Are there any speci al provisions applicable to ex officio  action?
The customs services may on their own initiative suspend the customs clearance of goods that
infringe a protected industrial property right.  In this case:
- the customs services will immediately inform the right holder or his successors in title
who must lodge an application in accordance with the above-mentioned applicationIP/N/6/TUN/1
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procedure within three days of being notified by the customs services whereupon the
provisions concerning suspension will apply ipso jure ;
- a detention measure applied in the context of an action undertaken by the customs
services on their own initiative will be discharged ipso jure  if the holder of the
protected industrial property right or his successor in title fails to lodge an application
in accordance with the application procedure within three days of being notified by
the customs services.
19. Describe the remedies that th e competent authorities have th e authority to order and any
criteria regulating their use.
If, by virtue of a final judgement, the goods are found to be infringing, the court will decide the
fate of those goods, namely either:
- destruction under customs control;
- or disposal outside the channels of commerce, provided that the rights of the holder of
the protected industrial property right are not infringed.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
In criminal cases, as in civil proceedings, the question of which court has jurisdiction will be
decided by the nature and the amount of the claim (Article 21 CCCP).
Thus, criminal proceedings are brought before the court of first instance which, under the terms
of Article 40 CCCP, hears all cases at first instance, unless expressly provided otherwise by law.
As regards territorial jurisdiction, "whether he be a natural or a legal person, proceedings
against the defendant must be brought before the c ourt of his effective or elected domicile" (Article 30
CCCP) and, according to Article 31 CCCP, "if the defendant does not have a known domicile in
Tunisia, proceedings shall be brought before the court of domicile of the plaintiff".
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
Anyone who infringes industrial property rights is liable to criminal prosecution and sanctions.
Thus, infringement is punishable by:
- a fine of 5,000 to 50,000 dinars (Articles 82 and 83 of Law No. 2000-84 of
24 August 2000 on Patents);
- a fine of 1,000 to 50,000 dinars (Article 34 of Law No. 2001-20 of 6 February 2001
on the Protection of Layout-Designs of Integrated Circuits);
- a fine of 5,000 to 50,0000 dinars (Article 24 of Law No. 2001-21 of 6 February 2001
on the Protection of Industrial Designs);
- a fine of 5,000 to 50,000 dinars (Article of Law No. 2001-36 of 17 April 2001 on the
Protection of Trademarks).IP/N/6/TUN/1
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It should also be noted that in all these cases of  infringement repeat offenders will be liable to
imprisonment for one to six months and the doubling of the fine.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiati ve and/or in response to complaints?
Under Article 1 of the Code of Criminal Pro cedure (CCP), any offence gives grounds for the
commencement of criminal proceedings with a view to the imposition of penalties and, if damage has
been caused, a civil action for damages.
Criminal proceedings may be instituted against th e perpetrator of the offence, his co-principals
or accessories.  They are initiated and conducted by  the judges or the officers to whom they are
entrusted by law.
However, Article 83 of the Law on Patents, Ar ticle 34 of Law No. 2001 -20 on the Protection of
Layout-Designs of Integrated Circuits, and Article 24 of Law No. 2001 -21 on the Protection of
Industrial Designs provide for criminal proceedings to be commenced by the Public Prosecutor’s Office
only upon a complaint by the injured party.
23. Do private persons have standing to init iate criminal proceedings and, if so, who?
Anyone who considers his protected rights to have been infringed has standing to initiate
criminal proceedings in accordance with the rules of the Code of Criminal Procedure.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- imprisonment;
- monetary fines;- seizure, forfeiture and destruction of  infringing goods and materials and
implements for their production;
- other.
Infringements of industrial property rights, as de fined by the industrial property legislation, are
subject, under that same legislation, to the following penalties:
- Patents
Any violation of the rights of a patent owner, as defined in Article 46, shall constitute
an infringement and shall render the infringer civilly and criminally liable.
- Infringements shall be punishable with a fine of 5,000 to 50,000 dinars.
- In the event of a repeat offence, a term of imprisonment of one to six months
may be imposed in addition to a fine, the amount of which shall be doubled.
- Anyone who improperly assumes the status of owner of a patent application
or patent shall be liable to a fine of 1,000 to 5,000 dinars.
- In the event of a repeat offence, the fine shall be doubled.IP/N/6/TUN/1
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- Persons entitled to bring an action for infringement may, under an order made
by the president of the court on an ex parte  application, have a bailiff assisted
by an expert undertake a detailed description, with or without attachment, of
the allegedly infringing goods or processes.
Where attachment is authorized, it shall be confined to the seizure of any samples
necessary to prove the infringement.
Where goods are attached, the order may require the applicant to provide security
which must be posted before any goods are seized (Article 86 of Law No. 2000-84).
- Layout-designs (topographies) of integrated circuits
Any violation of the rights of the holder of a layout-design registration, as defined in
Article 17, shall constitute an infringement and render the infringer civilly and
criminally liable.
- Anyone who knowingly infringes such righ ts shall be liable to a fine of 1,000
to 50,000 dinars.
- Anyone who causes to appear on his business documents, his advertising or
his products words that tend to encourage the belief that a layout-design of an
integrated circuit has been registered under this law when in fact it has not or
the registration has been cancelled or expired  shall be liable to a fine of 500to 2,000 dinars.
- Repeat offenders shall be liable to a term of imprisonment, in addition to a
fine, which shall be doubled.
- In the event of a guilty verdict, the court may order the destruction of the
infringing goods or their disposal outside the channels of commerce, togetherwith the forfeiture of the implements used for making them (Article 36).
- The injured party may, even before publication of the registration, cause a
detailed description, with or without attachment, of the infringing articles or
implements to be undertaken under an order made by the president of the
competent court, upon submission of an application and production of the
registration certificate.
- The president of the court may require the applicant to provide security,
which the latter must post before having the action mentioned in the
preceding subparagaph of this article undertaken (Article 38).
- The court may order that the judgement be displayed, at the expense of the
guilty party, in the places it shall determine and published, in its entirety or in
the form of excerpts, in the newspapers it shall designate (Article 34).
- Industrial designs
Any violation of the rights of the owner of an industrial design, as defined in Article 4
of this law, shall constitute an infringement and render the infringer civilly and
criminally liable.IP/N/6/TUN/1
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- Anyone who knowingly infringes such righ ts shall be liable to a fine of 5,000
to 50,000 dinars.
- Anyone who causes to appear on his business documents, his advertising or
his products words that tend to encourage the belief that an industrial design
has been registered under this law when in fact it has not or the registrationhas been cancelled or expired shall be liable to a fine of 1,000 to 5,000 dinars
(Article 24).
- Repeat offenders shall be liable to imprisonment for one to six months, in
addition to a fine, which shall be doubled (Article 25).
- In the event of a guilty verdict, the court may order the forfeiture of the
implements used for making the infringing articles (Article 36).
- The injured party may have a bailiff undertake a detailed description, with or
without attachment, of the infringing articles or implements under an order
made by the president of the competent court, upon submission of an
application and production of proof of registration (Article 28).
- The court may order that the judgement be displayed, at the expense of the
guilty party, in the places it shall determine and published, in its entirety or inthe form of excerpts, in the newspapers it shall designate (Article 24).
Trademarks
Any violation of the rights of the owner of a trademark shall constitute an
infringement rendering the infringer civilly and criminally liable.
- Violation of the provisions of Articles 22 and 23 of the law shall constitute an
infringement of the rights in the mark (Article 44).
- Anyone who brings an action for infringement under Article 48 of the law
may have undertaken, in any place, by a bailiff assisted by an expert andunder an order made by the president of the competent court, a detailed
description, with or without the taking of samples, or the attachment of goods
or services allegedly marked, offered for sale, delivered or supplied, to his
detriment or in violation of his rights.
- Where attachment is authorized, it shall be confined to the seizure of samples
necessary to prove the infringement.  The president of the court may make
attachment subject to the provision by the applicant of security sufficient tocompensate for any injury suffered by the defendant if the action for
infringement subsequently proves to be unfounded (Article 50).
- Subject to the penalties provided by special legislation, anyone who:
- reproduces, copies, uses, affixes, removes or alters a mark in
violation of the rights conferred by its registration and the resultingprohibitions, or
- imports or exploits goods presented under a counterfeit markIP/N/6/TUN/1
Page 14
shall be liable to a fine of 5,000 to 50,000 dinars (Article 51).
- If one of the offences defined in Articles 51 and 52 of the law is repeated, the
offender shall be liable to imprisonment for one to six months, in addition to
a fine, which shall be doubled (Article 53).
- If the defendant is found guilty of infringing the provisions of Article 51, 52
or 53, the court may order the forfeiture of the goods and of the implements
used for committing the offence.
- The court may also order the destruction of the goods (Article 55).
- In every case, the court may order that th e judgement, in its entirety or in the
form of excerpts, be published, at the expense of the guilty party, in the
newspapers it shall designate and displayed in the places it shall determine, inparticular at the main gates of the factories or workshops of the guilty party
or in his shop windows.
- Indications of source and appellations of origin
The officers responsible for monitoring appellations of origin and indications of source may
seize products put on sale under guaranteed  appella tions of origin or indications of source and
suspected of not coming from the geographical ar ea designated by the appellation or indication.
They may also seize products coming from the geographical area designated by the appellation
or indication but not meeting th e specified technical production requirements (Article 30 of Law
No. 99-57 of 28 June 1999 on guaranteed appellati ons of origin and indications of source of
agricultural products).
Notwithstanding the penalties provided for by  the Decree of 10 October 1919 on the repression
of fraud in trade in goods and the manufacture of  foodstuffs and agricultural or natural products
and by Law No. 91-44 of 1 July 1991 on the organi zation of the distributive trades, as amended
by Law No. 92-117 of 7 December 1992 on consum er protection, and the seizure provided for
in Article 30 of this law, anyone who infri nges the provisions of Articles 9, 16 and 16
(paragraph 2), 26 and 27 of this law shall be liable to a fine ranging from 1,000 to 20,000 dinars.
In the event of a repeat offence, this penalty shall be doubled.
25. Describe provisions governing the length a nd any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
The rules in force are described above.  In general, the length and cost of proceedings are not
fixed and depend on numerous factors.
Moreover, according to Article 191 of the Code of Criminal Procedure "the costs of the
proceedings shall be ordered against the person conv icted" and according to Article 192 of the Code of
Criminal Procedure "the party claiming damages shall always be ordered to pay court fees to the State,
subject to recourse against third parties".
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