دعوى التقليد آلية لحماية الغير وفق مفردات الملكية الصناعية و التجارية

Abstract EN

The rights of industrial and commercial property rights are paramount in the economic field.

They are considered the main means of competition, on which the industrial support is to face their competitors.

Indeed, the Algerian legislator gives manufacturers an exclusive right that allows them to differentiate themselves from their competitors If the existence of that clause is cited as the Industrial provisions could then benefit from the criminal and civil protection.

The criminal protection punishes crimes of counterfeiting, which are often considered a achieved the rights of industrial and commercial property.

In the field of industrial property, for it to have an infringement requires two elements to be combined.

The first being considered as an infringement of the exclusive right resulting rights for this property.

the second element is the illegal appropriation and violation of this right.

The latter is realized in case the law is transferred without the permission of its author.

The importance of the criminal protection appears as a tool for the protection of others through sanctions adopted by the legislator for the benefit of stakeholders in counterfeiting offenses.