الحماية الجزائية للعلامة التجارية

Abstract

The trademark plays a significant role in the realization of justice Amon persons employed in the sectors of trade, industry and services, to gain the confidence of the public consumers, by ensuring that their products, merchandise and services are improver, in order to achieve fame hoped and success of the economy projects, due to the ability of the marketing trade mark. Furthermore, the trademark has an important place in the protection of the consumer against all kinds of fraud, especially in the regard to the increase of different forms of infringements on il through the exploitation. Of the outcomes of the globalization of the economy and the development of the international trade on the one hand and the legal and administrative gaps on the other hand, in order to reach a fast and enormous wealth. So, in the face of all these threats, we wonder: what is the penal protection of the trademark in the Algerian legislation and comparative law ?and is this protection sufficient to reduce the different types of in fringement on the trademark ? On the purpose to answer to the problem posed, the study is divided in two parts : The part I deals with the elements of the crime of infringement on the rights of the trademark. The part II examines the different standards and legal proceeding related to the procution and punishment against the infringer.