CONDITIONS FOR EXERCISING UNFAIR COMPETITION LAWSUIT IN THE FIELD OF PROTECTION OF INDUSTRIAL PROPERTY RIGHT
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Abstract
Competition is a natural phenomenon driven by individuals' efforts to excel, and it is inherent in the field of business law, particularly economic activities. Competition is desirable in the commercial environment because it leads to the survival of the fittest in terms of fair treatment, offering higher quality goods at the most affordable prices. The principle of freedom of trade encompasses the obligation of freedom of competition to foster its prosperity and gain a market share through legitimate methods, such as maintaining product quality, setting prices that align with customers' purchasing power. However, this competitive process must be based on fairness and integrity. If competitive practices exceed their natural boundaries and involve illegitimate methods, transforming into unfair competition by violating professional norms and practices, such actions are not permitted by the law and the affected trader has the right to seek compensation from those who engaged in such illegitimate actions. The fundamental principle is that competition is based on honor, integrity, compliance with laws, and commercial customs and practices. Any departure from these principles renders competition unfair, and it becomes necessary to protect those who are harmed by it. The means of this protection is through a claim of unfair competition. In the field of industrial property, for a claim of unfair competition to be accepted, it is required that there is competition in the first place, then this competition is characterized as unfair, and damage has been caused or will be caused to the competing trader.
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References
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As cited in Sameeha Al-Qalyoubi, The Commercial Establishment (Sale and Mortgage), Dar Al-Nahda Al-Arabiya, 1989, p. 30.
Article 78 of Order 59/75: The movable funds allocated for conducting commercial activities are considered part of the commercial establishment, which necessarily includes its customers and reputation.
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Among them is our Algerian national legislation, which has not regulated this lawsuit with explicit texts.
Among the strongest supporters of this trend, we find the jurist Georges Riebber and the jurist Robieh.
A leading figure f this theory is Professor Josran.
Among the jurists who attributed this claim to specific principles are the jurist Rieber, Professor Aktham Al-Khouli, and Professor Mustafa Kamal Taha.
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Article 41 of Algerian Civil Law was replaced by Article 124 repeated Algerian Civil Law.
Consider the second paragraph of Article 15 of Law 02/04
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Sawashi Waseela, same reference, p. 21
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Decree 07/03 dated 28/07/2003 concerning patents
Decree 08/03 dated 28/07/2003 concerning the protection of the design of integrated circuits
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Joseph Semaan, same reference, p. 135, referred to from the book "Usage Excessif de la Liberté Civile" by Paul Roubier
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Refer to Swiss and German law, which have restricted these works (see Zaamoum Ilham, Protection of the Commercial Establishment from Unfair Competition Lawsuit, p. 64)
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Nadia Foudil, same reference, p. 61
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Ali Ali Suleiman, same reference, p. 162
Amin Juma, same reference, p. 58
Haseem Mohammed Al-Rashid, Unfair Competition in Kuwaiti Law, Master's Thesis, Kuwait University, 2000, p. 81
Refer to Article 124 of Decree 58/75 as amended and supplemented by Law 10/05 concerning Algerian Civil Law