جريمة التقليد للعلامة التجارية وحقوق المؤلف

Abstract EN

The protection of intellectual property rights is constitutionally enshrined as being related to the individual, but the phenomenon of imitation has become an independent criminal act in itself as a result of gross violations of industrial products, including the trademark and literary creations, of the intellectual production of the author.

Algeria, like other countries, has enacted a legislative arsenal to fight the misdemeanor of counterfeiting, and this is through a penal protection that includes preventive and other repressive measures, that the legislator has restricted to the advisory rights of the registered trademark only, whereas the penal protection for the offense of counterfeiting in copyright was broader and exceeded that, affecting the literary and financial rights of the work, as well as the mixed rights that combine them, and this is with identifying the criminal acts by showing their images and determining the appropriate penalties for them and the procedures followed.