مجلة القانون العام الجزائري والمقارن
Volume 11, Numéro 3, Pages 37-52
2025-12-28
Intangible Assets And The Conflict Of Applicable Law
Authors : Chebourou Noria .
Abstract
The issue of conflict of laws is one of the most significant challenges raised by cross-border financial transactions related to intellectual property rights, due to the intangible nature of such assets, their multiple places of use and exploitation, and the demand for their protection. The Algerian legislator, through the introduction of Article 17 bis under Law No. 05-10, sought to address this issue by adopting the connecting factor of the location of the property to determine the applicable law governing intangible assets. Thus, they are subject to the law of the place where they exist at the time the cause leading to the acquisition of possession, ownership, or other real rights—or their loss—occurs. The legislator also tackled the difficulty of determining the location of intangible assets by setting specific criteria and rules for each type of such property, thereby facilitating the application of the law of the situs.
Keywords
Intangible assets; literary and artistic property; copyright; industrial designs and models; trademarks; trade name.
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