الحماية القانونية للعلامات التجارية في التشريع الجزائري

Abstract

In this note, we discussed a topic of industrial industrial property which is the legal protection mark, which cannot be achieved except by the conditions for its adoption, whether objective, where the mark must be in the condition of excellence, that the mark has a distinguishing feature from other similar marks, And the validity of the mark shall not be contrary to the provisions of the law or the public order and public morals, in addition to the owner of the mark necessary procedures, which can be considered formal conditions of filing and examination of the request to be followed Brand generation and dissemination in their own official signs newsletter. After acquiring the right to the mark, it is up to the law to protect this right, both civil and criminal. The mechanisms for protecting this right are civil through objective civil mechanisms, which are the provisions of the responsibility, whether contractual or tortuous, as a result of infringing on the reputation of the mark or other forms of error and procedural civil mechanisms that are fundamental in the judiciary by instituting a lawsuit on the basis of unfair competition to claim compensation for the damage, Shall also have the right to bring an urgent action in the event that the element of urgency is available for a precautionary measure. The protection of this right is also criminalized by addressing the nature of the crime of trademark imitation and identifying the bases of appreciation of this tradition to clearly identify the elements of this crime, namely, the legal corner, the physical location and the moral pillar. This leads to follow-up action in this crime. Define penalties or penalties for this crime.