الحماية الجزائية لبراءة الاختراع في التشريع الجزائري

Abstract

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. 07/03 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,