أبحاث إقتصادية معاصرة
Volume 9, Numéro 1, Pages 154-173
2026-04-23
Mechanisms For Combating Trademark Counterfeiting (lawsuits As An Example)
Authors : Boudaoud Khelifa . Hamidi Radhwane .
Abstract
This research paper aims to examine the role played by the trademark as one of the most significant intangible assets of a business and a key factor in the success of a commercial venture, by analysing the efforts of the Algerian legislature—in line with comparative legislation—to protect trademarks, particularly in light of the increasing incidence of trademark infringement, which has become a serious and significant phenomenon capable of harming both trademark owners and consumers alike. This is achieved through successive laws relating to trademarks, ranging from Decree 66-57 on trademarks and trademarks, to Decree 03-06 on trademarks. The study concluded that the Algerian legislature has not merely established civil liability for acts of piracy and trademark infringement by defining the forms of infringement and trademark violation, whether in a contractual context or under the provisions governing unfair competition, as well as the elements of compensation pursuant to Article 124 of the Algerian Civil Code, but also by reinforcing this with criminal provisions through the imposition of deterrent penalties against trademark infringers.
Keywords
trademark ; commercial establishment ; imitation ; civil protection ; criminal protection
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