Tunisia protects intellectual property (industrial, literary and artistic property). In accordance with its international commitments, particularly to the WTO, the customs administration intervenes to suspend the clearance of counterfeit goods.
Request for suspension
The holder of a patent, trademark, design or protected model (or its successors) may request the suspension of customs clearance for goods suspected of infringing their right.
Content and documents of the application
Identity and contact details of persons to be contacted; detailed description of the authentic products (photographs, sample); certificate of registration and justification of the right claimed.
Place and deadlines for submission
Application submitted to the headquarters of the General Directorate of Customs, before the arrival of products at the customs office (deposit after arrival possible subject to conditions). Validity: one year, renewable.
Border measures
Noting a correspondence with the request, customs proceeds to retention, informs the applicant and the importer, and allows them to examine the goods and take samples thereof.
Applicant's commitments
Within a period of ten working days: prove that you have filed with the competent court (civil or criminal route), have taken precautionary measures and deposited sufficient security.
Retention at the initiative of customs
Customs may suspend the clearance of goods infringing a protected right; the holder must then submit an application within three days.
Disposal of counterfeit goods
By final court decision: destruction under customs control, or exclusion from the commercial circuit without prejudice to the rights of the holder.