The legal system for licensing in patents under Ordinance 03-07

Abstract

The patent is considered as an intellectual property right. it is an effective tool for technological and economic development of countries, especially by encouraging scientific research that leads to innovation and invention. It is necessary to have objective and formal conditions to grant him the patent from the competent administrative authority. Exploitation of the patent is an exclusive right for the owner of the patent that allows him to prevent others exploit his invention without his agreement. However, in order to achieve goals mainly related to public benefits. the legislator put some mechanisms that allow limiting the abuse of the patent owner which are represented in licences and which are divided into optional and compulsory licenses. The licensing system is due to , a set of conditions and legal procedures , put by the Algerian legislator , in Ordinance 03/07 related to patents.

Keywords

• patent
• optional and compulsory licenses
• intellectual property
• legal protection