الحماية القانونية لبراءة الاختراع

Abstract

Through this research, we seek to study the subject of legal protection of the patent in accordance with the content of Algerian legislation, which is one of the topics of great interest to researchers in this field because of its positive effects on the economics of states. The various conditions and objective and formal controls are highlighted, under which the patent is granted by the relevant authorities. The issuance of the patent has a range of implications from the organization of the Algerian legislature in terms of the rights granted by the patent to its owner, such as the right to monopolize or the right to act in all legal conduct and regulations with the obligations incurred by its owner in order to benefit greatly from the patent. However, the patent may expire for several reasons. The Algerian legislator expressly recognized the right of the patent holder to monopolize its exploitation and to protect the right provided for penal and other civil protection, which gives him the right to compensation. He may sue for unlawful competition. The penal protection has identified acts that constitute an assault on the patent, such as the crime of tradition.