الحماية الجزائية لبراءة الاختراع في التشريع الجزائري

Abstract EN

The field of industrial property is industry and commerce.

Some of its subjects come under commercial laws, but some of them have been given special rules by the Algerian legislator that regulate them, including patents.

They have been given special protection in accordance with decree no.

03/07 dated 19th July 2003.

This protection is not limited to filing a civil action to obtain compensation in the event of patent infringement, but it includes criminal protection by punishing anyone who commits the crime of imitating the invention.

The study therefore aimed to shed light on the specific texts related to the crime of imitating an invention that has been patented in Algerian law (first theme).

Thereafter, the study looks at the crime of imitating an invention that has been patented (second theme).

The study then concludes the effects of the crime of imitating an invention by clarifying the penalty and the nature of punishments for this action (third theme).

Some of the most important results of the study are that the Algerian legislator has restricted the constitutive acts of the offense of imitation of the patent to the imitation of the product or its mode of manufacture.

He also qualified the crime as a misdemeanour, which makes it differ from the crimes under the Criminal Code.

In addition, there is a unified penalty for all forms of imitation represented in a prison sentence of a minimum period of six months and a maximum of two years, and a fine which will be paid regardless of the compensation paid to the patent owner.

The study arrived at a number of recommendations, the most important of which are the establishment of a system of pre-examination that will make the patent liable to be cancelled by the competent authorities when it does not meet the legal conditions for an invention and the necessity of following Arab legislation to make imitation of an invention a crime even if the one who does it has a good intention.

This is because the patent is known by everyone by being registered and published according to the systems that are implemented regarding the imitation of an invention that has been patented.