THE ABUSE IN THE USE OF THE EXCLUSIVE RIGHT OF THE PATENT IN THE ALGERIAN LEGISLATION

Abstract

The exclusive right of the inventor results in the right to protect his industrial exploitation of the patent without competition during the legal protection. Nevertheless, the right to own the patent is not absolute because it is a system that takes into consideration the interest of the inventor without harm to the public interest and the right of the society to take advantage of the new inventions. In return for the legal protection, a commitment emerges on the inventor to produce his inventions inside the protecting state; otherwise he would risk the compulsory license or the forfeiture.