دور الاجتهاد القضائي في تعزيز الحماية القانونية لحقوق الملكية الصناعية و التجارية في الجزائر

الملخص EN

Industrial and commercial property is divided into industrial inventions, such as the patent of invention, and aesthetic, such as industrial designs, this is the criterion for distinguishing them.

recent inventions related to the electronic aspect have also appeared, on the basis of which states are classified as developed or underdeveloped, thus attracting the attention of researchers, academics and even workers in the field of electronics, which have been agreed to be referred to as integrated circuit layout-design (topographies) and distinctive badges, including trade name, business address and designation of origin.

there can be no question of protecting these industrial rights without the effective use of judicial protection and without the theoretical and scientific establishment of the positive role of justice in the maintenance and implementation of the rights of the owner of these assets industrial.

this is a particularly interesting subject, particularly as regards the policy of economic openness.

in particular, in the absence of legal texts in certain cases, in the light of different legal concepts and principles, and in each case before the courts, the jurisprudence of the judge is necessary to resolve the subject matter of the dispute.

it follows from the above that case law plays an essential role in ensuring the necessary protection of industrial property rights.

and the question when can ask : to what extent does the jurisprudence strengthen the legal protection of industrial property in Algeria.