مجلة الاجتهاد القضائي
Volume 18, Numéro 2, Pages 625-636
2026-10-31
The Effectiveness Of Criminal Protection Of Trademarks Against Counterfeiting Under Algerian Law
Authors : Benbouabdallah Mounia . Beddiar Maher .
Abstract
This article examines the effectiveness of punitive measures established under Algerian trademark law in protecting consumer health and interests against the growing phenomenon of counterfeit products. The choice of this topic is driven by the increasing prevalence of trademark counterfeiting in the economic sector, particularly in markets involving essential goods such as pharmaceuticals and cosmetics, where the risks to consumer well-being are immediate and severe. The study aims to assess whether the existing punitive framework fulfils its intended protective function or whether the persistence of counterfeiting reveals gaps in deterrence and enforcement. To address this central issue, the research adopts an analytical and descriptive methodology, drawing upon legislative texts, comparative legal insights, and recent socio-economic developments that have intensified the circulation of counterfeit goods. The analysis highlights both the psychological impact of counterfeit products on consumer decision-making and the physical risks they pose to public health. The findings indicate that while Algerian legislation provides a structured punitive policy against trademark counterfeiting, the continuing expansion of this illicit activity raises critical questions about the practical effectiveness of these measures in ensuring consumer safety. Ultimately, the study concludes that counterfeiting represents a substantial threat to consumer health and interests, reinforcing the need for stronger enforcement mechanisms and a more coherent punitive strategy within the Algerian legal system.
Keywords
trademark counterfeiting ; punitive measures ; consumer protection ; Algerian trademark law ; deterrence policy ; public health
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