مدى فعالية الحماية الجزائية للمبتكرات الجديدة : دراسة تأصيلية بين التشريع الجزائري و الاتفاقيات الدولية

Abstract EN

The world has witnessedindustrial and commercial technologydevelopmentthataccompanied the emergence of globalization in ourpresent time, and thisdevelopment has been accompanied by attacksthat have affectedintellectualpropertyrights, whichrequiredlegal recognition and framing of theserights in the form of national and international legislationthatworks to encourage innovation and drive growth and development, soitisnecessary and necessary to protect the owners of Industrialpropertyrightsfromeveryaggression, as imitation is the first dangerousthreat to theirintellectualcreativity, and therefore the studyaims to assess the effectiveness of the penal protection of new innovations that focus on patents, industrial designs, designs and formal circuits, in addition to how to protectthemfrom the phenomenon of imitation as an international crime It penetrates the territorial borders of the state.

Where the Algerian legislator and the international legislator have established, through international agreements, a set of procedures and penalties according to which the holders of the rights of new innovations are protectedfrom the crimes of the tradition theyfallvictim to, and these national rules are mostlyinspired by international texts in this regard.

The studyconcludedthat, despite the intensification of national and international efforts to protect new innovations from imitation, theirownersstillsufferfromsomeproblems, especially in light of the currenteconomic conditions, where the phenomenon of imitation has become more prevalentwith the increasing volume of inventions in the world, due to the ineffectiveness of protection National and international as well as not beingcompletelysufficient to address the phenomenon, despite the tendency of some countries in recentyears to intensify efforts and providegreater and broader protection