مجلة البحوث في العقود و قانون الأعمال
Volume 6, Numéro 4, Pages 576-592
2021-12-20
The Role Of Parasitic Competition In A Protecting Famous Trademark
Authors : Bendriss Halima . Lourrad Naima .
Abstract
Competition is the spirit of commercial practices and the essence of economic freedoms. it plays a major role in the flourishing of commercial activity which in turn leads to the prosperity and progress of countries' economies The famous mark is considered one of the intangible rights that its owner achieves great progress over his competitors in the same trade. Therefore, most of the country’s legislation, including Algeria, has sought to protect this type of trademark with a protection that exceeds that allocated to ordinary trademarks, if the famous mark is protected within the framework of its specialization and outside its field of specialization, By means of a parasitic competition lawsuit. this study aims to search for the specificity of the well-known mark, and on the legal basis for parasitic competition in Algerian law, to conclude this study on the lack of legal framing of the content of the well-known mark in Algerian law. This study recommends that the provisions of the well-known mark should be reorganized. Provisions for commercial intrusion.
Keywords
The competition ; Famous mark; Specialization; Regionalism; parasitism
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