الحماية الجنائية للعلامة التجارية في القانون الجزائري والنظام السعودي

Abstract

To distinguish products and services from each other and to ensure the consumer or the buyer does not confuse them, create their own trademarks to promote their products, protect them from counterfeit and to attract customers and allow them to choose and differentiate between similar products and services available in the market.
Given the importance of the brand as a means of expressing the identity of the product or the service attributed to it and the identification of its owner, it was necessary to surround it with a certain number of legal guarantees in order to protect it so it is not subject counterfeiting or forgery.
This study, therefore, seeks to identify the mechanisms of legal protection prescribed for the brand in the Algerian and Saudi legislations, in order to determine the extent of the similarity between the two legislations. The study concludes that the Algerian and Saudi legislators took a positive stance by approving the criminal protection of the trademark and imposing deterrent penalties according to which they achieve the purpose of the punishment. O the other hand, they are reproached for attaching the protection to a formal procedure, which is the deposit of the mark or its registration as a condition for its protection.

The study
Accordingly, this study believes it is necessary to reconsider the conditions of protection established for the trademark. It is not reasonable for the right holder to be deprived of their right just because they did not take a formal procedure.