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This paper research aims to deal with the problematic of commercial denigration, as it is an unfair practice among the competitors; it is practiced by the unfair traders by abusing the principles of freedom of trade and competition, the cause that led the Algerian legislator to establish a set of legal rules in order to moralize the commercial practices, particularly in the Law No. 04/02; in which the denigration practice is prohibited as it is a dishonest conduct in the articles 27-38; but unlike the Algerian legislator, the French legislator doesn't establish a proper legal rules of the unfair competition, leaving it to the jurisdiction that faced it under the notion of the unfair competition action based on the civil tort liability. Thus, in the Algerian legislation and the French jurisdiction, there are the civil and penal sanctions against who commits it.
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-C. ETRILLARD, Parody in Trade Mark Law, (2003) 4 Legal Journal of the West 437-459.
-L. Mary, Passing Off and Unfair Competition: Conflict and Convergence in Competition Law (2011) 784 Scholarly Works. In https://scholars.law.unlv.edu/facpub/784
-L. MERLAN, Advertising: the Reference to the Defects of a Non-Competitive Product is Lawful? (2002) Law 21, Chr., AJ 179.