Legal Environment

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In this page: Business Contract | Intellectual Property | Legal Framework of Business | International Dispute Resolution

 

Business Contract

General Observation
Whatever the form of the contract and the extent of the parties' liability, it is strongly recommended that you take appropriate counsel, especially from a competent Lawyer, and more precisely when it is a question of international contracts.
Law Applicable to the Contract
As the contracting parties choose.
Advisable Incoterms
It is preferable to choose an incoterm FOB  or CIF. Avoid EXW, if you do not want to have to take care of the transport in Algeria which can be complicated..
Language of Domestic Contract
Arabic and/or French
Other Laws Which Can Be Used in Domestic Contracts
If Algerian law is not used, the law of the other contracting party must be chosen..

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Intellectual Property

National Organisations
Patents, trademarks and copyright are protected in Algeria. For patents, requests for information should be made to the Algerian Institute of Standardization and Industrial Property (INAPI). Concerning trademarks, the request should be made to the National Trade Register Center (CNCR).
Regional Organisations
World Intellectual Property Organization (WIPO)
International Membership
Member of the WIPO (World Intellectual Property Organization)
Signatory to the Paris Convention For the Protection of Intellectual Property
 

National Regulation and International Agreements

 
Type of property and law Validity International Agreements Signed
Patent
 
Edict n° 03-07 on patents 19 July 2003 (In French)
20 years Patent Cooperation Treaty (PCT)
Trademark
 
Edict n° 03-06 on trademarks 19 July 2003
10 years Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Design
 
Industrial Designs.
10 years, renewable for consecutive 10 year periods  
Copyright
 
Law no. 03 17 of November 4th 2003 on copyrights and related rights
The lifespan of the author and 50 years after his or her death Berne convention For the Protection of Literary and Artistic Works
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
Rome ConventionFor the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty

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Legal Framework of Business

Equity of Judgments

Equal Treatment of Nationals and Foreigners
Yes
The Language of Justice
Arabic
Recourse to an Interpreter
For a court case it is particularly recommended that you resort to the help of an interpreter/translator, as all the exchanges take place in Arabic (the official language). However, most magistrates and lawyers speak French, as well as Arabic.
Legal Similarities
Algerian law has various sources: the Constitution, laws voted by Parliament, ministerial decrees and orders, international conventions and treaties ratified by Algeria.
There are legal similarities with all the countries whose law has come from Roman law, and only partly from Muslim law.
 

The Different Legal Codes

 
Contract and property law Civil Code
Customs law Customs Code
Consumer law Code of Consumption
Company law Civil Code ; Code of Commerce ; Fiscal Code ; Currency and Credit Act
 
Checking National Laws Online
Algerian Official Journal
Other Useful Resources
Algerian Ministry of Justice
Algerian search engine for Law
Website of the bureau Francis Lefebvre
 

The Jurisdictions

 
Administrative tribunals
Council of State
Disputes with the State, the Administration, local administration, concerning their decisions
Commercial Tribunal

Court of Appeal
Supreme Court of Appeal– Commercial Section

Commercial disputes
Court of summary or Criminal jurisdiction
Court of Appeal
Supreme Court of Appeal
Criminal liability (bankruptcy, misappropriation of funds, complicity, etc.)
 
 

Court Officials

Lawyer/Barrister
The lawyer's first role is to inform his clients about their rights and obligations. Then he can represent them in court and make a speech for the defense. .
Legal expert
A judge appoints a duly authorized professional who will review information in order to clarify certain elements of a case. .
Clerk of the Court
All during the procedure, he will write down the exchanges, declarations and observations..
Bailiff
He is a legal officer responsible for serving legal process and for enforcing court decisions. He can also draw up affidavits.
Judge
He is the one who decides if the law has been broken or not, as well as the penalties which ensue.
State prosecutor
He is a magistrate who represents the Prosecution in the court
 
 

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International Dispute Resolution

Arbitration
Arbitration is a solution for settling disputes. An arbitrator is called in who has to make the final decision..
Arbitration Law
Code of civil and administrative procedure (CPC): Articles 458 bis to 458 bis 28
Conformity to International Commercial Arbitration Rules
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Appointment of Arbitrators
The court of arbitration is composed of an odd number of arbitrators (usually three). The arbitrators are chosen by the parties, or the President of the Chamber of arbitration.
Arbitration Procedure
Any person or company facing a dispute can resort to arbitration on condition that both parties wish to resort to this procedure. The sentence decided by the arbitrators is not binding. If the person sentenced refuses to carry it out, the other party will have to resort to a state tribunal for an exequatur ruling. The person sentenced can refer to the Court of Appeal to request the quashing of the sentence
Permanent Arbitration Bodies
Algerian Chamber of Commerce and Industry (Sectors Covered: All)

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Latest Update: June 2022