PROVISIONAL AND CONSERVATORY MEASURES IN THE FIELD OF INTELLECTUAL PROPERTY A STUDY OF ALGERIAN LEGISLATION AND SELECTED ARAB LEGISLATION

Abstract

This article examines the effectiveness of provisional and conservatory measures for protecting intellectual property rights under Algerian law, with reference to selected Arab legislation. It analyzes their legal foundations in international conventions and national legislation, their characteristics, the circumstances in which they may be ordered, and their main forms, including provisional orders, descriptive seizure, and conservatory seizure. The study also considers the conditions of standing and interest, procedural requirements, competent judicial authorities, implementation mechanisms, custody of seized items, and safeguards available to affected parties. The analysis identifies several legislative shortcomings, particularly in copyright and industrial property law, concerning detailed description procedures, determination of revenues from unlawful exploitation, measures relating to equipment used in infringements, and procedural time limits. It concludes by recommending amendments to Algerian industrial property legislation, specialized training for sworn officers, and the preparation of a list of intellectual property experts to assist courts in assessment and compensation.