Art. 17 - Shall be established in virtue of the law herein,
an opposition commission at the Ministry charged of the
handicrafts, charged of examining of the appeals of the
decisions of the technical consultative commission in
conformity with article 16 of the law herein.
The operating procedures of the commission as well as
the presentation method of the opposition request shall be
fixed by a decree.
The commission shall be composed of six members and
chaired by a third grade magistrate.
The president and members of the commission shall be
appointed by a decree.
Art. 18 - The Minister charged of the handicrafts, shall
publish the decision ordering the grant of an appellation of
origin, geographical indication and indication of source
grant in the Official Gazette of the Republic of Tunisia.
Chapter IV
Protection of products granted an appellation
of origin, geographical indication or indication of
source
Art. 19 - Shall be prohibited, starting from the date of
the delimitation of an appellation of origin, geographical
indication or indication of source :
- the commercial use of an appellation of origin,
geographical indication or indication of source on any
similar product which does not meet with the conditions
stated by the order of the Minister charged of the
handicrafts provided for in article 7 and the specifications
provided for in article 10 of the law herein,
- the imitation of an appellation of origin, geographical
indication, indication of source or reference to them, even
if the product meets with the conditions stated by the order
of the Minister charged of the handicrafts provided for in
article 7 and the specifications provided for in article 10 of
the law herein,
- the reference to an appellation of origin, geographical
indication or indication of source on a product containers,
recipients, packages, documents or advertisements, which
does not meet with the conditions stated by the order of the
Minister charged of the handicrafts provided for in article 7
and the specifications provided for in article 10 of the law
herein,
- the use of containers or packages for the sale of
products subject to establish a confusion concerning its
origin,
- the use of any sign subject to induct the consumer on
error or to cause him a confusion.
Art. 20 - An appellation of origin, geographical
indication or indication of source shall be a right to all the
craftsmen of the concerned geographical area with the
condition to comply with the standard specifications
required by the appellation of origin, geographical
indication or indication of source provided for by article 10
of the law herein.
Art. 21 - The appellation of origin, geographical
indication or indication of source shall be an imprescriptible
right.
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For this reason, no one could use them because falling
within the remit of the public domain.
Art. 22 - The institution charged of industrial property,
may not attribute a manufacturing, commercial or service
trademark conform or similar to an appellation of origin,
geographical indication or indication of source when the
trademark application intervene after the announcement of
delimitation of an appellation of origin, geographical
indication or indication of source in conformity with the
procedures laid down in article 7 of the law herein.
Chapter V
Control and certification of appellations of
origin, geographical indications or indications of
source
Art. 23 - The appellations of origin, geographical
indications or indications of source shall be submitted to the
control of an institution of control and certification.
This control aims at ensuring that the products carrying
an appellation of origin, geographical indication or
indication of source meet with the conditions provided for
by the specifications referred to in article 10 of the law
herein.
The institution of control and certification shall be
appointed by an order of the Minister charged of the
handicrafts.
Art. 24 - The institution of control and certification shall
guarantee, through a declaration which it submit to the
concerned by the appellation of origin, geographical
indication or indication of source, proving that the product
in question is in conformity with the order provided for in
article7 and the provisions provided for in the specifications
referred to in article 10 of the law herein.
This declaration shall be submitted to a tax payable to
the institution of control and certification which shall be
determined by an order of the Minister charged of the
handicrafts.
Art. 25 - The beneficiaries of an appellation of origin,
geographical indication or indication of source, shall allow
the institution of control and certification to inspect the
production and storage places and to ensure the proof
elements relating to the product.
Art. 26 - If the institution of control and certification
shall establish that the concerned product by an appellation
of origin, geographical indication or indication of source,
does not meet with the requirements laid down by the
specifications provided for in article 10 of the law herein, it
shall immediately inform the Minister charged of the
handicrafts.
Chapter V
Infringements and sanctions
Art. 27 - Notwithstanding the sanctions provided for by
the legislation in force relating to the organization of the
distribution commerce, competition and prices, consumer
protection, manufacturing, commercial or service
trademarks and the seizure provided for in article 31 of the
law herein, shall be punished :
- whoever infringes the rules provided for by the
standard specifications mentioned in article 10 of the law
Official Gazette of the Republic of Tunisia — 28-31 December 2007
N° 104