النظام القانوني للترخيص الإجباري باستغلال براءة الاختراع في التشريع الجزائري

Abstract EN

This research paper aims to address the issue of the legal system for compulsory licensing of patent exploitation in light of ordinance 07-03 relating to patents, as this legal mechanism comes to alleviate the burden of the monopoly right enjoyed by the patent owner ; this is in order to confront and limit cases of his arbitrariness and failure to use his exclusive right sometimes, and to achieve the public benefit at other times.

in order to achieve a balance between the legitimate interest of society and the just rights of the inventor, the legislative will necessitated the availability of a number of objective conditions with the need to pursue a specific procedural endeavor, so that the competent authority can take the decision of compulsory license to exploit the patent, this decision that would have legal effects of relevant important economic dimension.