حقوق الملكية الفكرية على الأصناف النباتية المبتكرة في التشريع الجزائري

الملخص EN

The convention (the agreement) “trips” obliged the contractual parties to take into account the necessity of protecting plants either by the invention patent or by a special system or by the two means.

The article 27/3b from this convention doesn’t concern the developed countries because their legislations include this protection.

Some have adopted the system of the invention patent like the U.S.A, others have adopted a special system and mainly the countries of the European Union.

The latter derives from a convention known as UPOV (The union for the protection of obtainment vegetal), which took place in Paris on the 2 nd of December, 1961 followed by these notifications: - Proceeding of the 10th of November, 1972.

- Proceeding of the 23rd of October, 1978.

- proceeding of the 19th of March, 1991.

(This is what we based on in our survey).

The Algerian legislator has adopted the content of this convention according to the law number 05-03 of the 25th of February, 2005 concerning the seeds, the breeding grounds and the protection of obtainment vegetal.

And here, he suggested conditions for the developed plant species in order to take into consideration the rights of the developer.

The conditions are as the following : Novelty-distinction-homogenity-stability