— the provisions of the articles of this Chapter shall apply as of right.
98. The customs authorities may not be held liable if they do not succeed in
recognizing the purportedly infringing goods.
99. The provisions of the articles of this Chapter shall not apply to goods without
commercial character contained in the personal baggage of travellers within the limit of the
quantities specified in the laws and regulations in force.
Chapter XIV
Miscellaneous Provisions
100. Patent applications filed before the entry into force of this Law shall remain
subject to the rules applicable on the filing date of the applications, except as far as the
exercise of rights is concerned and subject to such rights as may have been acquired prior to
the entry into force of this Law.
Notwithstanding the repeal of the Decree of December 26, 1888, on Patents and the
texts that completed or amended it, patents granted under those texts shall remain valid and
shall be regarded as having been issued or registered under the provisions of this Law.
The patents referred to in the second paragraph of this Article shall remain valid
throughout the term of protection that remains to run under the provisions of this Law, subject
to payment of the annual fees for keeping them in force.
The period on the expiry of which compulsory licenses may be requested for the
working of the subject matter of patent applications or granted patents prior to the entry into
force of this Law shall be three years from the date of its promulgation.
101. Foreigners whose residence or whose registered office is located outside Tunisia
shall enjoy the benefits of this Law provided that Tunisians enjoy the same protection in the
countries of which those foreigners are nationals.
102. All provisions contrary to this Law, and in particular the Decree of December 26,
1888, on Patents, are repealed.
103. The procedure for the grant of patents in response to applications relating to
pharmaceutical products or to chemical products for agriculture shall not be applicable until
after the period of grace fixed by the Convention Establishing the World Trade Organization,
ratified by the Tunisian Republic, has expired.
This Law shall be published in the Official Journal of the Tunisian Republic and
implemented as a Law of the State.
Tunis, August 24, 2000.
Zine El Abidine Ben Ali
Note: Translation by the International Bureau of WIPO.
1
Preparatory work: Discussion and adoption by the Chamber of Deputies at its session on July 31, 2000.
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