Intellectual Property Becomes a Key Pillar of Economic Competitiveness
Tunisia’s legal and institutional framework for protecting intangible assets has gradually taken shape. Yet the rise of digital technologies and emerging tech presents fresh legal and economic challenges.
Mohamed Adem Mokrani, business‑law attorney, discusses the stakes of intellectual‑property (IP) protection and its role in boosting the country’s economic attractiveness.
A Structured Legal Framework
Tunisia has established a relatively comprehensive legal regime for IP. As Mokrani explains, invention patents are governed by Law No. 2000‑84 of 24 August 2000 on patents, which sets out the conditions for filing, protecting, and exploiting technological innovations.
Copyright falls under Law No. 94‑36 of 24 February 1994 on literary and artistic property, amended in 2009. This legislation safeguards literary, scientific, and artistic works in any form of expression.
Key Institutions at the Heart of the National System
At the institutional level, Mokrani highlights two actors that play a central role:
| Institution | Main Responsibilities |
|---|---|
| National Institute of Standardization and Industrial Property (INNORPI) | Registers patents, trademarks, and industrial designs/models. It is the competent administrative authority for industrial property. |
| Tunisian Organization for Copyright and Related Rights (OTDAV) | Manages collective rights for authors and related rights holders, and issues protection certificates for protected works. |
According to Mokrani, the synergy between INNORPI and OTDAV forms the backbone of Tunisia’s intangible‑asset protection system. He also notes that this national framework aligns with a series of international commitments that reinforce IP protection in Tunisia.
Tunisia is a member of the World Intellectual Property Organization (WIPO) and a party to several major treaties, including:
- The Paris Convention for the protection of industrial property,
- The Berne Convention for the protection of literary and artistic works,
- The TRIPS Agreement (Agreement on Trade‑Related Aspects of Intellectual Property Rights) under the World Trade Organization.
Digital Transformation Reshapes IP Risks
Mokrani warns that digital transformation has fundamentally altered the ways IP can be infringed. Companies now face new threats such as:
- Online counterfeiting
- Digital content piracy
- Cybersquatting
- Unauthorized exploitation of databases
These practices can severely erode a firm’s economic value, especially when intangible assets constitute the core capital. In technology‑driven or creative sectors, an IP breach can jeopardize years of research and development, he cautions.
The Growing Challenge of Digital Evidence
One of the most pressing hurdles, according to Mokrani, is digital proof. Litigation often hinges on complex technical elements—computer logs, hosting data, domain‑name registrations, etc. The effectiveness of the legal system therefore depends heavily on lawyers’ ability to understand these technical artifacts and adapt procedural tools to the digital environment.
Intangible Assets as the New Engine of Value
In today’s economy, the value of companies increasingly rests on intangible assets: brands, software, databases, technological processes, and scientific innovations now represent a substantial portion of corporate capital. This trend is especially evident in innovation‑heavy and high‑tech sectors.
“For a tech start‑up, the main value often lies not in physical assets but in its technology, algorithms, or brand,” Mokrani explains.
He stresses that intellectual property has become a strategic value‑creation tool, enabling firms to protect innovations, secure partnerships, and strengthen competitive positions in global markets. International bodies repeatedly underline that IP is a crucial driver of economic development and business growth, fostering innovation and job creation.
Boosting Investor Attractiveness
Regarding economic attractiveness, Mokrani notes that robust IP protection can draw investment and facilitate fundraising in Tunisia. Investors scrutinize the legal security of innovations before committing capital. In fundraising rounds, patents, trademarks, and protected software often serve as key indicators of a company’s worth, demonstrating technological advantage or growth potential.
For Tunisian start‑ups, safeguarding intangible assets therefore enhances credibility with investors and helps structure the innovation ecosystem, promoting the commercialization of research results and technology transfer.
Legal Questions Raised by Artificial Intelligence
Mokrani also touches on the legal challenges posed by the rise of artificial intelligence (AI). A primary issue is ownership of rights when content or technological solutions are generated by algorithmic systems. Under current law, rights are typically attached to a natural or legal person—the system’s developer or the company exploiting the technology.
Algorithms themselves are not always directly protected by copyright, but they may receive indirect protection through various legal mechanisms:
- Software law (copyright for source code)
- Patents when the invention yields a specific technical effect
- Trade‑secret protection for confidential algorithms
These topics are now the subject of intense international debate, as AI fundamentally reshapes creation, innovation, and knowledge production, according to Mokrani.
— End of translation
