Tunisia

Please contact our Portuguese office for more information about our services in Tunisia:

REACT Portugal
Avenida 5 de Outubro 151-8D
1050-053 Lisboa
Portugal
T: +35 1 21357 5033
Contact: Mr Paulo Pereira
portugal@react.org
ppereira@react.org


Tunisia is situated on the north coast of Africa and is bounded by the Mediterranean Sea to the north and east; Algeria to the west and Libya to the south. Its industrial activity with 3000 exporting factories in the field of textile and electronic components have developed a know-how that has been exploited by the parallel industry to produce counterfeit goods for the local market and neighbouring countries like Algeria and Libya. Counterfeiting is especially developed by the need of the local population of low-priced products often imported from China, the development of tourism activity and development of parallel trade with neighbouring countries. According to Tunisian legal system, three levels of protection are available for trademark owners: Customs border monitoring Administrative procedure (Ministry of commerce raids) Judiciary proceedings. The first measure aims to preclude importing and commercialising counterfeited goods within Tunisian local market. As for the other two, they allow detecting and acting against counterfeited goods locally manufactured and commercialised. Thus, any revealed local source of counterfeited products can be ceased.  

Our services in Tunisia

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Attending personal hearing
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing a demand for a raid
  • Filing Customs applications
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application available 
  • Customs application is valid for one year
  • Simplified procedure
  • Customs will act ex officio
  • Deadline for response to Customs notification of detention is 5 days
  • Deadline for importer to respond to seizure is 5 days
  • Proof of knowledge of counterfeiting is required. However, importer is considered as professional and therefore there is presumption of his knowledge and his bad faith
  • Ex parte orders are not available
  • Interim injunctions, contributory liability remedy, damages and costs are available