WORLD TRADE  
ORGANIZATION  IP/N/6/TUN/1/Rev.1 
3 March 2010 
 
 (10-1164) 
Council for Trade-Related Aspects of 
Intellectual Property Rights Original:   French 
 
 
 
CHECKLIST OF ISSUES ON ENFORCEMENT1 
 
Responses by Tunisia  
 
Revision  
  
Civil and administrative procedures and remedies 
 
 (a) Civil judicial procedures and remedies 
 
1. Specify the courts which have jurisdiction over IPR infringement cases. 
 Under Article 21 of the Code of Civil and Co mmercial Procedure (CCCP), the jurisdiction of 
the courts depends on the nature and amount of the claim.  
 Moreover, under Article 22 CCCP, where the valu e of the subject-matter of the proceedings 
cannot be determined, the court of first instance al one 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 th e court 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 IPRs?  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 br ought by anyone havi ng the standing and 
capacity to assert his rights before the courts.  At the same time, 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 plainti ff to be incompetent or to lack standing". 
  In accordance with these provisions, any natura l or legal person holding  intellectual property 
rights may assert his rights before the courts. 
 
                                                     
 
1 Document IP/C/5. IP/N/6/TUN/1/Rev.1 
Page 2  
 
   Literary and artistic property (copyright and related rights): 
 
 Pursuant to Law No. 94-36 of 24 February 19 94 on Literary and Artistic Property, as 
amended and supplemented by Law No. 2009-33 of  23 June 2009, the body responsible for the 
overall management of copyright and related rights is empowered to act on behalf of right holders as 
their representative ... 
  How may they be represented
? 
  According to Article 68 CCCP, "[r]epresentation 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 industrial property legislation and, in particular, Article 44 of Law No. 2000-84 on Patents, Artic le 32 of Law No. 2001-20 on the Protection of 
Layout-Designs of Integrated Circuits, Article 22 of Law No. 2001-21 on the Protection of Industrial 
Designs, and Article 42 of Law No. 2001-36 of 17 April 2001 on the Protection of Trademarks, 
provide for the plaintiff to be represen ted 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 have  to order, at the request of an opposing 
party, a party to a proceeding to produ ce evidence which lies within its control? 
 - Authority is conferred on the judicial authorities by various statutory provisions, in 
particular those of Chapter II of the CCCP entitled "Orders on ex parte  application" 
(Articles 213 to 223). 
 
 - Under Article 214
 CCCP in particular judges may, in  accordance with ordinary rules 
of jurisdiction, grant orders on an ex parte  application to prescribe any measures 
designed to protect rights and interests that must not be left unprotected ... 
 
 - Article 225  CCCP provides that "at any stage of the proceedings, the court may, of its 
own motion, order a third party to be joined  in the proceedings where it considers that 
the presence of the latter is indispen sable 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". 
  IP/N/6/TUN/1/Rev.1 
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  4. What means exist to identify and protect confidential information brought forward as 
evidence? 
 There are numerous statutory provisions that deal with this situation, in particular the General 
Regulations for State Employees, the General Re gulations for Magistrates, and other general 
regulations ... which bind those c oncerned to professional secrecy.  Br each of this duty is punishable 
by disciplinary action, as well as criminal penalties and payment of damages: 
  - Article 253
 (Criminal Code) provides that "[a]ny  person who, without authorization, 
reveals the content of a letter, a telegram or any other document belonging to another 
person shall be sentenced to imprisonment ..." 
 
 - Article 254  (Criminal Code) provides that "[a] ny person who is the depositary, by 
status or profession, of secrets confided to him and who, except in cases where the law compels or authorizes denunciation, has revealed these secrets shall be sentenced 
to imprisonment and payment of a fine". 
 
 - Article 168
 of the Labour Code "members of  company consultative committees and 
staff representatives are bound by the obligati on of professional secrecy with respect 
to all information of a confidential natu re coming into their possession while serving 
in that capacity, and to all matters relating to manufacturing processes. 
 
Any breach of this obligation renders th em liable to the penalties laid down in 
Articles 61 ter, 138, 253 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 worker who discloses or communicates 
a manufacturing secret.  Attempted disclosure or communication is also punishable. 
  - Article 61 ter
 of the Criminal Code states that "[ a]ny Tunisian or any foreigner who, 
without the prior authorization of the competent authority, delivers or communicates to a person acting on behalf of a foreign pow er or enterprise an invention of interest 
for national defence or information, research or manufacturing processes relating to 
an invention of interest for defence sha ll be guilty of a breach of external State 
security". 
 
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 infringing 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 judgments.  IP/N/6/TUN/1/Rev.1 
Page 4  
 
   - Interim orders
: 
  Under Article 201 CCCP, "interim orders may be made on urgent applications without 
prejudice to the main proceedings".  
Interim orders on urgent app lications may be made by the president of the court of 
first instance or his deputy, or by the di strict judge, where so authorized by law 
(Article 202 CCCP). 
 
Interim orders on urgent applications ar e 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. 
 
 - Judgments
 
 
The judgment will not be final if the decision can be appealed.  However, it may still be made provisionally enforceable, with  or without security, depending on the 
circumstances of the case (Articles 126 and 286 CCCP). 
 
 - Final judgments
 
 
The final judgment brings the case to a cl ose by deciding the question forming the 
subject-matter of the proceedings. 
 
 Damages, including recovery of profits , and expenses, including attorney's fees  
  Under Articles 82 and 83 of the Code of Ob ligations 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 this spirit that Article 82 of the Law on Patents, Article 34 of the Law on 
the Protection of Layout-Designs of Integrated Ci rcuits, Article 24 of the Law on the Protection of 
Industrial Designs, and Article 44 of the Law on the Protection of Trademarks provide for civil 
liability of the infringing party.  
 Article 51 (new) of Law No. 94-36 of 24 Fe bruary 1994 on Literary and Artistic Property 
(copyright and related rights), as amended and supplemented by Law No. 2009-33 of 23 June 2009, 
provides that "[a]ny infringement of copyright or related rights entails payment of damages to the 
right holders for material and moral injury, w ithout prejudice to criminal penalties (fine and 
imprisonment)". 
  IP/N/6/TUN/1/Rev.1 
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  Destruction or other disposal of infringing  goods 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.   Literary and artistic property (copyright and related rights) :  Article 55 (new) of  
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides that "[t]he competent courts may order the confiscation or destruction of copies, material s or means predominantly used for committing the 
infringement".  
 Any other remedies
 
  Under Article 34 of the Law on the Protecti on of Layout-Designs of Integrated Circuits, 
Article 24 of the Law on the Protection of Indust rial Designs, and Article 54 of the Law on the 
Protection of Trademarks, in every case the court may order that the entire judgment or excerpts thereof be published, at the expense of the unsucc essful party, in the newspapers it specifies and 
displayed in the places it designates, in particular at the main gates of factories or workshops of that 
party or in said party's shop windows.   Literary and artistic property (copyright and related rights) :  Article 55 (new) of  
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides that "[t]he courts may order the cessation of the 
infringing activity on the premises in which the infringement has been ascertained, on a temporary 
basis for a period not exceeding six months or permanently in the case of repeat infringement.   The competent courts may order that the judgment,  in its entirety or in the form of excerpts, 
be published for a specified duration in the newspa pers they designate, and that a copy of the 
judgment be displayed in the places they determine, at the expense of the unsuccessful party. 
 
6. In what circumstances, if any, do judicial authorities have the authority to order the 
infringer to inform the right 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 ch arged any information or clarification concerning 
his accessories, the beneficiaries of the infringi ng act and the whereabouts or status of the 
subject-matter of the infringement.  The person charge d does of course have the right to remain silent 
and may decline to answer any questions.  The c ourt will, however, take such silence into account 
when considering the penalty to be imposed, the lo gical consequence of which is to dissuade the 
accused from adopting a recalcitrant attitude.   The results of the criminal investigation ma y be used to support a civil action, whether 
brought separately or concurrently with the criminal action. 
 IP/N/6/TUN/1/Rev.1 
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  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 th e Protection of Industrial Designs, and Article 49 of 
the Law on the Protection of Trademarks provide th at where 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 conti nuation subject to the provision of security 
designed to ensure the possible indemnification of the defendant if the action for infringement 
subsequently proves to be unfounded. 
 
 Moreover, the application for prohibition or the provision of security will be accepted only if 
the action on the merits is deemed to be serious a nd is initiated within one month of the date on which 
the holder of an industrial property right beca me aware of the facts on which it is based. 
 
 Literary and artistic property (copyright and related rights):  Article 54 (new) and 
Article 54 ( bis) of Law No. 94-36 of 24 February 1994 on L iterary and Artistic Property, as amended 
and supplemented by Law No. 2009-33 of 23 June 2009, stipulate as follows:   - The authorities of the aforementioned offi cials may on no account be held liable if the 
officials are unable to determine the goods constituting an infringement of copyright 
and related rights. 
  - The president of the competent court may, under an order on ex parte  application, 
order the posting of security by the petiti oner before proceeding to attach the 
counterfeit goods. 
 
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 th at 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 an y administrative procedures on the merits 
and remedies that may result from these procedures. 
 Tunisian legislation does no t provide for such remedies. 
  IP/N/6/TUN/1/Rev.1 
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  Provisional measures  
 
 (a) Judicial measures  
 
10. Describe the types of provisional measures th at 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 Patents provides for a detailed description, 
with or without attachment, of the allegedly infri nging products or processes by a bailiff assisted by 
an expert under an order made by the presiding judge 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). 
  Protective measures may also be ordered in the event of the infringement of a right attaching 
to indications of source or appellations of origin, in particular under Article 30 of Law No. 99-57 of 
28 June 1999 according to which the officers respon sible for monitoring appellations of origin and 
indications of source may seize products put on sale under guaranteed appellations of origin or 
indications of source and suspected of not coming from the geographical area 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 the specified technical production 
requirements.  Seizures must be made in accordan ce with the procedures laid down in the consumer 
protection legislation in force (Law No. 1992-117 of 7 December 1992 on Consumer Protection). 
  Literary and artistic property (copyright and related rights) :  Article 54 ( bis) of 
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides as follows: 
  "The right holder or his representative may, as a protective measure and under an order on 
ex parte  application made by the president of the competent court, have a bailiff, assisted where 
necessary by an expert appointed by the preside nt of the competent court, undertake a detailed 
description, with or without attachment, of the goods constituting an infringement of copyright or 
related rights". 
  Where appropriate, attachment shall be confin ed to the seizure of any samples necessary to 
prove the infringement.  
 Public performances already under way or announced may be stopped or prohibited under an 
order on ex parte  application granted by the president of the competent court. 
 IP/N/6/TUN/1/Rev.1 
Page 8  
 
   The presiding judge may also order the suspension and confiscation of unlawfully produced 
or reproduced copies and th e seizure of revenue ... 
  Under an order on ex parte  application, the president of the competent court may require the 
petitioner to provide security before proceeding with the seizure". 
 
11. In what circumstances may such measures be ordered inaudita altera parte ? 
 These measures may be ordered in any case of extreme urgency or urgency, or when there is 
danger in delay, or in the event of difficulties re lating to the enforcement of a ruling or a writ of 
execution.  They are taken by the president of the competent court or his deputy sitting in chambers 
(Articles 201 to 223 CCCP). 
 
12. Describe the main procedures for the initiati on, 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, industrial designs, and trademarks, trade names and service marks. 
  Literary and artistic property (copyright and related rights):  Article 54 ( bis) of 
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides as follows: 
  - "Under an order on ex parte  application, the president of the competent court may 
require the petitioner to provide security before proceeding with the seizure". 
  - The respondent may request that the order be annulled. 
 
 - The description, seizure, cessation, or prohibition shall be revoked automatically if 
the petitioner fails to initiate legal proceedings  (on the merits) within fifteen days ..." 
 
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 shor ter 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. 
- Tunisian legislation does not provide fo r any administrative provisional measures. 
  IP/N/6/TUN/1/Rev.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 circulati on, in particular whether these procedures 
are available also in respect of goods whic h involve 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 app lication of such 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 a nd to goods destined for exportation? 
 Apart from counterfeit trademark and pirated c opyright goods, applications for suspension by 
the customs authorities of the release into free circulation of goods in volving 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.  
 Literary and artistic property (copyright and related rights):  Article 50 ( bis) of 
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides as follows:   "The customs authorities may suspend customs clearance procedures for goods in respect of 
which there is manifest evidence of infringement of copyright and related rights. 
  They may request the author or holders of re lated rights or their representative to supply any 
information that might assist them in discharging thei r duties.  They shall inform those concerned of 
the suspension, who shall have seven days in whic h to file a written application for suspension ..." 
 16. Provide a description of the main elements of the procedures relating to the suspension 
of the release of goods by customs authoriti es, in particular the competent authorities 
(Article 51), the requirements for an applic ation (Article 52) and various requirements 
related to the duration of suspension (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 infringe their rights are being imported may lodge an application in 
writing with the customs authorities for the suspen sion of the customs clearance of those goods at 
importation.   The author or holders of related rights or their representative may apply in writing to the 
customs authorities for the suspension of import or  export clearance for goods in respect of which 
they have good grounds for suspecting that the goo ds constitute an infringement of copyright or 
related rights.  IP/N/6/TUN/1/Rev.1 
Page 10  
 
   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 enoug h to enable the customs authorities to 
recognize the goods. 
 
 In addition, the applicant should provide any ot her useful information at his disposal that 
might enable the customs authorities to take a d ecision in full knowledge of the facts, although the 
provision of this information does not constitute a condition of admissibility of the application.  In 
particular, such information may relate to: 
 
 - 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 undert aking on the part of the applicant to assume 
liability in respect of the importer if it is forma lly proved that the goods withheld by the customs 
authorities do not constitute an infringement of the protected industrial property right.   The applicant must inform the customs authorities if his right is no longer validly registered or has expired. 
 
 Literary and artistic property (copyright and related rights):  Article 50( ter) of 
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides that:  
 "The form in which to apply for the suspensi on of customs clearance procedures and the data 
to be submitted are established by joint order of  the ministers responsible  for finance and culture 
(Order in the process of adoption)".   Various requirements related to the duration of suspension
 
 
 Where the customs authorities find, if necessary after consulting the applicant, that the goods 
correspond to those described in the applicati on, they will proceed to withhold those goods. 
  The customs authorities will immediately inform  the applicant and the importer of the action 
taken and give them the opportunity to inspect th e goods withheld and take samples for the purpose of 
carrying out any tests or analyses needed to ascerta in infringement, in accordance with the provisions 
of the Customs Code and without prejudice to the principle of confidentiality of information.   Provided that all customs formalities have b een satisfied, the withholding measure will be 
revoked automatically, unless within ten working days of being notified of the detention of the goods  IP/N/6/TUN/1/Rev.1 
 Page 11 
 
 
  the applicant can show to the satisfaction of the customs authorities that he has initiated civil or 
criminal proceedings before the competent court an d that protective measures have been ordered by 
the president of the court and security sufficient to cover his liability in respect of the persons 
concerned has been posted.  
 The amount of this security is fixed by the court. 
  Where appropriate, the above-mentioned initia l period may be extended by a maximum of 
ten working days.  
 Moreover, the owner of the goods, the importer and the consignee may obtain the release of 
the goods by posting security the amount of which will be  fixed by the court and must be sufficient to 
protect the interests of the applicant, provide d that all the customs formalities are satisfied. 
  If the withholding measure is discharged, the customs authorities must promptly inform the 
owner, the importer and the consign ee, together with the applicant. 
  Literary and artistic property (copyright and related rights):  Article 50 ( quater)  and 
Article 50 ( quinquies ) of Law No. 94-36 of 24 February 1994 on Literary and Artistic Property, as 
amended and supplemented by Law No. 2009-33 of 23 June 2009, provide as follows: 
 
 "The customs authorities shall withhold the goods when these are found to constitute an 
infringement of copyright or related rights.   They shall immediately notify the author or holde rs of related rights or their representative, as 
well as the owner, importer, exporter or consignee, of the withholding of the goods, giving them the 
opportunity to inspect the goods withheld, in accordan ce with the provisions of the Customs Code and 
without prejudice to the principle of business secrecy.   The withholding measure shall be revoked au tomatically, unless within ten days of being 
notified of the withholding of the goods the author or  holders of related rights or their representative 
can show to the satisfaction of the customs authorities that they have: 
 
 - Secured appropriate protective measures from the competent court;   - initiated civil or criminal proceedings;  
 - posted security sufficient to cover their liab ility in respect of the persons concerned, if 
it is subsequently found that the goods at issue do not infringe copyright or related rights. 
  The amount of the security is fixed by the competent court.  
 Where appropriate, the customs authorities may extend the above period by a maximum of 
ten days".  
Security or equivalent assurance and indemnifi cation 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 applican t can show to the satisfaction of the customs 
authorities that he has initiated civil or criminal proceedings and that protective measures have been IP/N/6/TUN/1/Rev.1 
Page 12  
 
  ordered by the competent court and security sufficien t to cover his liability in respect of the persons 
concerned has been posted.   The amount of the security is fixed by the court.  
 The owner of the goods, the importer or the consignee may obtain the release of the goods by 
providing security the amount of which is fixed by the court and must be sufficient to protect the interests of the applicant, provided that all the customs formalities are satisfied.   Moreover, where the application has been acc epted or where detention measures have been 
taken, the customs authorities may require the applic ant to post security sufficient to ensure payment 
of the costs incurred as a result of keep ing the goods under customs control. 
  Literary and artistic property (copyright and related rights) :  Article 50 ( sexies)  of 
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides as follows: 
  "The owner, importer, exporter or consignee ma y obtain the release of the goods at issue by 
the competent court by providing secur ity sufficient to protect the inter ests of the author or holders of 
related rights, provided that:  
 - The customs authorities have been informed  within ten days that the matter has been 
referred to the competent cour t for a ruling on the merits; 
  - all customs formalities have been satisfied".  
 Right of inspection and information
 
  Upon receipt of an application drawn up in  accordance with the provisions governing the 
lodging of applications, the customs authorities w ill 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 authorities find, if necessary after consulting the applicant, that the goods 
correspond to those described in the applicati on, they will proceed to detain those goods. 
 
 The customs authorities will immediately inform  the applicant and the importer of the action 
taken and give them the opportunity to inspect the goods detained and take samples for the purpose of 
carrying out any tests or analyses needed to establis h the existence of an infringement, 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 pr oceedings, the customs authorities will inform the 
applicant of the full names and addresses of the expor ter, the importer and the consignee of the goods, 
if they are known to them, as well as of the quantity of the goods forming the subject of the application. 
 
 Literary and artistic property (copyright and related rights):  Article 50 ( quater ) and 
Article 50 ( quinquies ) of Law No. 94-36 of 24 February 1994 on Literary and Artistic Property, as 
amended and supplemented by Law No. 2009-33 of 23 June 2009, provides as follows: 
  IP/N/6/TUN/1/Rev.1 
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   "The customs authorities shall promptly notify th e author or holders of related rights or their 
representative of the suspension of the goods that in fringe copyright or related rights, who shall to 
lodge their application within seven days of the date of notification.   The customs authorities, having reviewed the a pplication, shall proceed to withhold the goods 
if these are found to constitute an infringement of copyright or related rights. 
  They shall immediately notify the author or holde rs of related rights or their representative, as 
well as the owner, importer, exporter or consignee of  the withholding of the goods, giving them the 
opportunity to inspect the goods withheld, in accordan ce with the provisions of the Customs Code and 
without prejudice to the principle of business secrecy. 
  In order to facilitate the initiation of legal pr oceedings by the author or holders of related 
rights or their representative, the customs authorities, upon production of an order on ex parte  
application, shall inform them of the full name s and addresses of the owner, importer, exporter or 
consignee, if they are known to them. 
 
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 competent authorities for the suspension of the release of goods into free 
circulation? 
 Notwithstanding the rules concerning the provisi on 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 authorities 
to ensure the payment of costs incurred as a result of keeping the goods under customs control, the 
border measure procedure is always applicable. 
 
 Literary and artistic property (copyright and related rights):  Article 50 ( quinquies)  of 
Law No. 94-36 of 24 February 1994 on Literary an d Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides as follows:   "The withholding measure sha ll be revoked automatically, unless within ten days of being 
notified of the withholding of the goods the author or  holders of related rights or their representative 
can show to the satisfaction of the customs authorities that they have: 
  - Secured appropriate protective measures from the competent court;  
 - initiated civil or criminal proceedings; 
  - posted security sufficient to cover their liab ility in respect of the persons concerned, if 
it is subsequently found that the goods at issue do not infringe copyright or related rights. 
 
 The amount of the security is fixed by the competent court. 
  Where appropriate, the customs authorities may extend the above period by a maximum of ten days".  IP/N/6/TUN/1/Rev.1 
Page 14  
 
  18. Are competent authorities required to act upon their own initiative and, if so, in what 
circumstances?  Are there any special provisions applicable to ex officio  action? 
 The customs authorities may on their own in itiative suspend the customs clearance of goods 
that infringe a protected industrial property right.  In this case:  
 - The customs authorities will immediately in form the right holder or his successors in 
title, who must lodge an application in  accordance with the above-mentioned 
application procedure within three days of  being notified by the customs authorities 
whereupon the provisions concerning suspension will apply ipso jure ; 
 
 - a detention measure applied in the context of an action undertaken by the customs 
authorities on their own initiative will be discharged ipso jure  if the holder of the 
protected industrial property right or his succ essor in title fails to lodge an application 
in accordance with the application procedur e within three days of being notified by 
the customs authorities. 
 
 - "The customs authorities may suspend cu stoms clearance procedures for goods in 
respect of which there is manifest evidence of infringement of copyright and related rights. 
  Literary and artistic property (copyright and related rights):  Article 50 ( bis) of 
Law No. 94-36 of 24 February 1994 on Literary a nd Artistic Property, as amended and supplemented 
by Law No. 2009-33 of 23 June 2009, provides as follows:   "The customs authorities may suspend customs clearance procedures for goods in respect of 
which there is manifest evidence of infringement of copyright and related rights. 
 
 The withholding measure shall be revoked au tomatically, unless within ten days of being 
notified of the withholding of the goods the author or  holders of related rights or their representative 
can show to the satisfaction of the customs authorities that they have: 
  - Secured appropriate protective measures from the competent court; 
 
 - initiated civil or criminal proceedings;   - posted security sufficient to cover their liab ility in respect of the persons concerned, if 
it is subsequently found that the goods at issue do not infringe copyright or related 
rights. 
  The amount of the security is fixed by the competent court.  
Where appropriate, the customs authorities may extend the above period by a maximum of ten days". 
 
19. Describe the remedies that the competent authorities have the authority to order and 
any criteria regulating their use. 
 If, by virtue of a final judgment, the goods ar e found to be infringing, the court will decide the 
fate of those goods, namely either: 
 
 - Destruction under customs control;  or   IP/N/6/TUN/1/Rev.1 
 Page 15 
 
 
   - 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 co urt 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 (Artic le 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 (Artic le of Law No. 2001-36 of 17 April 2001 on the 
Protection of Trademarks). 
 
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. 
 
Literary and artistic property (copyright and related rights):  Article 52 (new) of  
Law No. 94-36 of 24 February 1994 on Litera ry and Artistic Property, as amended and 
supplemented by Law No. 2009-33 of 23 June 2009, provides as follows: 
 
"Anyone who uses a protected work without author ization pursuant to the provisions of the 
aforementioned Law shall be liable to a fine ranging from 1,000 to 50,000 dinars.  In the 
event of a repeat offence, the fine shall be doubled and a term  of imprisonment of one to 
twelve months may be imposed". 
 IP/N/6/TUN/1/Rev.1 
Page 16  
 
  22. Which public authorities are responsible for in itiating criminal proceedings?  Are they 
required to do this on their own initiative and/or in response to complaints? 
 Under Article 1 of the Code of Criminal Procedure (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 ag ainst the perpetrator of the offence, his 
co-principals or accessories.  They are initiated a nd conducted by the judges, criminal investigation 
officers or duly authorized and sworn officers to whom they are entrusted by law.  
 However, Article 83 of the Law on Patents, Article 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 ru les of the Code of Criminal Procedure. 
 
24. Specify, by category of IPR and type of infr ingement 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 owne r, 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 offen ce, the fine shall be doubled. 
- Persons entitled to bring an action for infringement may, under an order made 
by the presiding judge 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.  IP/N/6/TUN/1/Rev.1 
 Page 17 
 
 
  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 infringem ent and render the infringer civilly and 
criminally liable. 
 
- Anyone who knowingly infringes such rights 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 unde r this law when in fact it has not or 
the registration has been cancelled or expired shall be liable to a fine of 500 to 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, together 
with 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 judgment be displayed, at the expense of the 
guilty party, in the places it determines a nd published, in its entirety or in the 
form of excerpts, in the newspa pers it designates (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 infringe ment and render the infringer civilly and 
criminally liable. 
 
Anyone who knowingly infringes such rights shall be liable to a fine of 5,000 to 
50,000 dinars. 
 IP/N/6/TUN/1/Rev.1 
Page 18  
 
  - Anyone who causes to appear on his business documents, his advertising or 
his products words that tend to encourag e the belief that an industrial design 
has been registered under this law when in fact it has not or the registration 
has been cancelled or expired shall be lia ble to a fine of 1,000 to 5,000 dinars 
(Article 24). 
- Repeat offenders shall be liable to im prisonment 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 unde rtake 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 proo f of registration (Article 28). 
 
- The court may order that the judgment be displayed, at the expense of the 
guilty party, in the places it determines a nd published, in its entirety or in the 
form of excerpts, in the newspa pers it designates (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 infri ngement under Article 48 of the Law 
may have undertaken, in any place, by a bailiff assisted by an expert and 
under 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 presiding judge may make 
attachment subject to the provision by the applicant of security sufficient to 
compensate 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 resulting 
prohibitions, or 
 
- imports or exploits goods presente d under a counterfeit mark shall be 
liable to a fine of 5,000 to 50,000 dinars (Article 51). 
  IP/N/6/TUN/1/Rev.1 
 Page 19 
 
 
  - 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 infri nging 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 the judgment, in its entirety or in the 
form of excerpts, be published, at th e expense of the guilty party, in the 
newspapers it designates and displayed in the places it determines, in 
particular at the main gates of the fa ctories or workshops of the guilty party 
or in the party's shop windows. 
 - Indications of source and appellations of origin  
 
The officers responsible for monitoring appell ations of origin and indications of source 
may seize products put on sale  under guaranteed appellations of  origin or indications of 
source and suspected of not coming from th e geographical area designated by the 
appellation or indication. 
 
They may also seize products coming from the geographical area designated by the 
appellation or indication but not mee ting the specified technical production 
requirements (Article 30 of Law No. 99-57 of 28 June 1999 on guaranteed appellations 
of origin and indications of s ource 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 foodst uffs and agricultural 
or natural products and by Law No. 91-44 of 1 July 1991 on the organization of the 
distributive trades, as amended by Law No. 92-117 of 7 December 1992 on consumer 
protection, and the seizure provided for in Ar ticle 30 of this law, anyone who infringes 
the provisions of Articles 9, 16 and 16 (par agraph 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. 
 
 Literary and artistic property (copyright and related rights):  Article 52 (new), Article 54 
(new) and Article 55 (new) of  Law No. 94-36 of 24 February 1994 on Literary and Artistic Property, 
as amended and supplemented by Law No. 2009-33 of 23 June 2009, provides as follows:  "Anyone 
who uses a protected work without authorization pursuant to the provisions of the aforementioned 
Law shall be liable to a fine ranging from 1,000 to 50,0 00 dinars.  In the event of a repeat offence, the 
fine shall be doubled and a term of imprisonmen t of one to twelve months may be imposed". 
 
25. Describe provisions governing the length and 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 gene ral, the length and cost of proceedings are not 
fixed and depend on numerous factors. 
 IP/N/6/TUN/1/Rev.1 
Page 20  
 
   Moreover, according to Article 191 of the Code  of Criminal Procedure "the costs of the 
proceedings shall be ordered against the person c onvicted" 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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