الحماية المدنية لبراءة الاختراع في التشريع الجزائري و موقف اتفاقيتي باريس و التريبس

الملخص EN

A patent enjoys protection because it is more vulnerable to attack.

Therefore, if its procedure came to protect it, the civil law also includes a civil means to protect it, through the unfair competition lawsuit, in order to initiate the lawsuit, compensate the right holder and take precautionary measures that guarantee the monopolizing of his right over his invention and warding off every assault.

In this regard, the Paris convention, as the universal constitution for all legislations, tended to regulate unfair competition as a mechanism to protect all industrial property rights, in addition to the TRIPS convention that stipulated for civil penalties and compensation that guarantee adequate protection for the patent.

What distinguishes it, is that it provides a fair compensation for the damage caused to the right holder.