Frequently asked questions

Industrial property is the branch of intellectual property that protects creations used in business: trademarks, inventions (through patents), industrial designs, layout-designs of integrated circuits and appellations of origin, among others.

It gives the right holder rights over these assets, under the conditions and for the duration set by the law of the country concerned. Intellectual property is a broader concept that also includes copyright and related rights.

These three rights protect different things:

• A trademark is a sign (a name, a logo, a combination of letters or colours, etc.) that distinguishes a company’s goods or services from those of its competitors.
• A patent protects a new technical solution to a technical problem, provided the conditions for patentability are met.
• An industrial design protects the appearance of a product: its shapes, lines, colours or patterns.

A single creation may sometimes qualify for more than one type of protection. Each case is assessed individually.

An industrial design protects the aesthetic appearance of a product, that is, what gives it its particular look: its shape, lines, contours, patterns or ornamentation.

A two-dimensional creation, such as a pattern or decoration, is generally referred to as a design (dessin), and a three-dimensional shape as a model (modèle). Protection covers the appearance of the product, not its technical function, which may instead fall under a patent.

Once registered, the design allows its owner to prevent third parties from reproducing that appearance, under the conditions and for the duration set by the applicable law.

Before filing a trademark, it is wise to check that identical or similar signs have not already been filed or registered for comparable goods or services.

A clearance search identifies these risks early, allows the project to be adjusted if necessary, and reduces the risk of opposition, refusal or dispute. It is not an absolute guarantee: its results depend on the databases searched and should be interpreted by a professional.

We usually start by discussing your project: the sign to be protected, the goods or services concerned and the territories targeted.

The firm may then suggest a clearance search, advise you on drafting the application and choosing the classes of goods and services, then file the application and follow the procedure before the competent office. The exact steps depend on your case and on the applicable law.

A trademark registration is granted for a limited period, which can be renewed. If the renewal is not completed within the set time limits, the owner risks losing their rights in the trademark.

Careful deadline monitoring makes it possible to plan ahead. The firm can advise you on the durations and time limits that apply to your trademark.

A patent is a title that gives its holder an exclusive right to exploit an invention, for a limited period and within a given territory. In return, the invention is made public.

To be protected, an invention must in principle be new, involve an inventive step and be capable of industrial application. It is important not to disclose the invention before filing: disclosure may destroy its novelty.

Keeping a patent in force generally requires the payment of periodic fees, known as annuities. Failing to pay on time may cause the patent to lapse, meaning the rights are lost.

Depending on its instructions, ASK-IP can monitor the deadlines and pay the annuities.

Industrial property rights are in principle territorial: protection obtained in Algeria does not automatically extend to other countries.

Services relating to procedures abroad are considered after a prior consultation. For any request for services abroad, please consult us by writing to contact@askip.dz, stating the right concerned and the countries in question.

The firm can be contacted by email only: write to contact@askip.dz, or use the form on the Contact page, which reaches us by email, stating the subject of your request.

In a first message, avoid sending detailed confidential information, such as the full description of an invention that has not yet been filed. The firm will let you know the appropriate arrangements.

To help us review your request, you may prepare:

• the identity of the applicant or the company that owns the rights;
• the type of right concerned: trademark, patent, industrial design, integrated circuit or appellation of origin;
• a brief description of the sign or creation, without sensitive information;
• the goods, services or field of activity concerned;
• the countries in which protection is being considered;
• any existing application or registration numbers and known deadlines;
• any letter received from an office, such as a notice of provisional refusal.