مجلة القانون العام الجزائري والمقارن
Volume 12, Numéro 1, Pages 223-237
2026-07-27
The Role Of The Novelty Requirement In Protecting Start-ups From Unfair Competition
Authors : Benmaiza Kheira . Yahia Bay Khadidja .
Abstract
Start-ups constitute a fundamental driver of national economic prosperity, particularly insofar as they are nascent enterprises predicated upon innovation, experimentation, and entrepreneurial risk-taking. For this reason, the Algerian legislature has conferred upon them a special protective regime safeguarding their innovations, subject to the indispensable requirement that such innovations satisfy the criterion of novelty and exhibit distinctiveness vis-à-vis pre-existing products, while simultaneously shielding them from acts of unfair competition perpetrated by other economic operators. This study seeks to elucidate the legal mechanisms adopted by the Algerian legislature for the protection of start-up innovations and for ensuring their continuity and viability within the marketplace, while further assessing the adequacy of such protection in fostering entrepreneurial initiative and creative activity. The research concludes that the current legal framework affords substantial protection through intellectual property legislation and competition law; nevertheless, it remains in need of reinforcement through more flexible and adaptive instruments consonant with the intrinsic nature of start-ups and the accelerated pace of their development.
Keywords
Keywords: novelty requirement – unfair competition – start-ups – patent – protection of innovation.
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