In the realm of safeguarding intellectual property rights at the external borders of Tunisia, Customs seizure proceedings play a pivotal role. These proceedings are an effective means of preventing the import and export of goods that infringe on intellectual property rights. They offer valuable enforcement of industrial property rights, especially when dealing with unidentified infringements. Additionally, these proceedings can be initiated in conjunction with pursuing infringement cases in court.

This article offers an introductory exploration of the prerequisites and opportunities associated with Customs seizure proceedings in Tunisia.

At The IP Advisors , we specialize in representing clients in Customs seizure proceedings before Tunisian customs authorities. Our dedicated team takes proactive measures to initiate Customs seizure proceedings on behalf of your company when there are suspicions of intellectual property rights infringement. With the assistance of Tunisian customs authorities, we intercept counterfeit and pirated goods at the border before they infiltrate the Tunisian market, thereby mitigating potential damage and losses to your company.

The process involves submitting an application to Tunisian customs authorities for action against suspected counterfeit and pirated goods. Once approved, customs authorities will suspend the release of subsequently seized goods or order the detention of specific items outlined in the application.

The legal framework governing Customs seizure proceedings in Tunisia, concerning trademarks, is outlined in the Order of the Minister of Finance dated December 3, 2001. This order defines the format of the written application for suspending customs clearance of imported goods containing counterfeit marks and the procedures for submitting the application to customs authorities.

Customs seizure proceedings can be initiated based on one or more of the following intellectual property rights:

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

Our team is also well-versed in taking legal action against unauthorized parallel imports. Unauthorized parallel imports involve the import of non-counterfeit products from other countries into Tunisia without the consent of the intellectual property owner, typically intended for distribution only in other countries.

Navigating Customs seizure proceedings in Tunisia necessitates legal representation before Tunisian courts. Our firm provides comprehensive assistance, from filing the customs seizure application to overseeing the final destruction of seized goods. We also initiate legal actions before Tunisian courts to secure the continued detention of seized goods, seek damages, and gather information on the extent of the infringement from the infringer. Our team offers guidance throughout the entire process, ensuring your journey ends in success.

In situations where your company faces wrongful border seizures by Tunisian Customs Authorities, our attorneys can step in to assist. We work diligently to have your goods released and returned to your possession. Our representation extends both before Tunisian customs authorities and German courts, where we actively pursue damages against the wrongful border seizure applicant. We provide your company with detailed guidance on the necessary steps to recover your seized products.

Common scenarios and issues addressed in customs seizure proceedings in Tunisia include:

• Counterfeit goods and counterfeiting
• Discovery and seizure of counterfeit products at trade shows
• Seizures of counterfeit goods by customs authorities

Our practice also extends to:

• Trademark searches in Tunisia
• Filing trademark applications in Tunisia
• Tunisian trademark registration
• International trademark registration
• Trademark oppositions in Tunisia
• Trademark cancellations
• Trademark assignments in Tunisia
• Trademark licenses in Tunisia
• Trademark registration changes
• Trademark renewals in Tunisia
• Trademark due diligence in Tunisia
• Trademark protection in Tunisia
• Trademark watching services in Tunisia
• Trademark portfolio management in Tunisia
• Trademark infringement matters