Trusted Tunisian Trade Mark Attorney

Customs seizure proceedings in Tunisia

Customs seizure proceedings in Tunisia

With successful Customs seizure proceedings in Tunisia, the import and export of goods infringing intellectual property rights can be prevented at the external borders of Tunisia.

Customs seizure proceedings in Tunisia are therefore a useful means of effectively enforcing industrial property rights, particularly in cases of infringement not yet identified. Furthermore, applications may be made in addition to bringing infringement proceedings before the courts.

This article provides an initial overview of requirements and possibilities regarding Customs seizure proceedings in Tunisia.

Achour Law Firm is a Tunisian litigation law firm, which specializes in the representation of clients in Customs seizure proceedings before Tunisian customs authorities. Our team will initiate Customs seizure proceedings on behalf of your company against goods suspected infringing your company’s intellectual property rights. Our team with the assistance of Tunisian customs authorities will stop counterfeit goods / pirated goods at the border, before these goods are offered on the Tunisian market and cause damage and loss to your company.

An application will be field before the Tunisian customs authorities for action against certain counterfeit goods / pirated goods. Once approved, customs authorities will suspend the release of subsequently seized goods or order the detention of goods specified in the application.

The legal framework of Customs seizure proceedings in Tunisia relating to Trademarks is:

The Order of the Minister of Finance of December 3, 2001, fixing the form of the written application for suspension of customs clearance of importing goods containing counterfeit mark and the procedures for submitting the application to customs authorities.

An application for customs seizure proceedings can be based on one or more of the following IP rights:

  • Trademarks
  • Patents
  • Utility Models
  • Design Rights / Design Patents
  • Copyrights
  • Trade names

Our team will also assist you in legal actions against unauthorized parallel imports. An unauthorized parallel import is the import of a non-counterfeit product from another country into Tunisia without the consent of the intellectual property owner, when the product was previously assigned by the IP owner for distribution only in other countries.

Customs seizure proceedings in Tunisia: Legal Representation before Tunisian Courts

Our firm will assist and support you in all cases comprehensively: from filing the customs seizure application up to the final destruction of the seized goods. Our team will file the appropriate legal actions before the competent Tunisian court to maintain the detention of seized goods. In such court proceeding we will also claim damages and information on the extent of the infringement from the infringer. Our team will guide you from the beginning of the proceeding to the eventual success.

Defending your Company against wrongful border seizures by the Tunisian Customs Authorities

Our attorneys will also help your company in the reverse situation: If your goods have been wrongfully seized by the Tunisian customs authorities, our team will help you to have these goods released and back in your possession. Achour Law Firm | IP will represent your company in this regard both before the Tunisian customs authorities and before German courts. Before court our attorneys will in particular also claim damages on behalf of your company against the applicant of the wrongful border seizure. Our attorneys will advise your company in detail on the necessary steps to get your seized products back.

Typical Cases of Application or Issues in customs seizure proceedings in Tunisia:

  • Counterfeit goods / Counterfeiting.
  • Discovering and seizing counterfeit products at trade shows.
  • Seizures of counterfeit goods by customs authorities.

Your Contact Person in all customs seizure proceedings in Tunisia

Do you still have questions about customs seizure proceedings in Tunisia? Your contact person for all issues related to border seizures by Tunisian customs authorities is Maître Achour Abdelmonem. Please just contact him by e-mail or by phone.

Our practice covers also: