الترخيص الإجباري باستغلال براءة الاختراع في ظل التشريع الجزائري

Abstract EN

: Exploiting patent is an exclusive right for the owner, under which he is entitled to prevent others from exploiting the invention without his consent.

However, this monopolistic right was imposed by Algerian legislator for the restriction of compulsory patent licensing even against the will of its owner, in order to face the patent holder abuse in exploiting the invention, to achieve economic goals and to protect public interest.

Where certain legal conditions and procedures are available, the competent authority may grant the compulsory license to exploit the patent, which would result – as legal effects - a set of rights and obligations falls on both of licenser and licensee and shall be terminated by the expiry of the compulsory license.