الحماية الجنائية لبراءة الإختراع في التشريع الجزائري

الملخص EN

Patent given the economic and legal consequences on using it is considered the most important way of the industrial property.the algerian legislator as other comparative legislatores takes care of it in which enacting special laws and this is in the matter 03/07 .the patent which is given to a specific person or certain people includes owning this patent and enjoying all its rightes including the right to monopolize and using it in all legal actions.

On the other hand during the period of protection the legislator sets a commitment for others to not abuse the right of the patent.

Thus during this period it is banned to use the invention without owner’s permission otherwise the abuser will be under sanctions like criminal penalty.

The legislator guarantees to the patent owner the right to file an anti-counterfeiting lawsuit and further defines the primary and supplementary penalties.