Intellectual Property Laws at Iran
Iran has established a comprehensive legal framework for the protection of intellectual property (IP) rights, encompassing patents, trademarks, industrial designs, and copyrights. Here's an overview of the key aspects of IP law in Iran:
🏛️ Legal Framework
The primary legislation governing IP in Iran is the Act on Patents, Industrial Designs, and Trademarks Registration of 2008, administered by the State Organization for Registration of Deeds and Properties, This act outlines the procedures for registering patents, trademarks, and industrial designs, as well as the rights and obligations of IP holders
📄 Types of IP Protection
1. Patents
Eligibility Inventions that are novel, involve an inventive step, and are industrially applicable.
Exclusions Discoveries, scientific theories, mathematical methods, methods for treatment or diagnosis of human or animal diseases, and inventions contrary to Sharia law, public order, or morality.
Duration 20 years from the filing date, subject to annual maintenance fee.
2. Trademarks
Registrable Marks Trademarks, service marks, certification marks, trade names, and titles of establishment.
Non-Registrable Marks Marks that are deceptive, immoral, identical or confusingly similar to existing marks, or contrary to public order and moral.
Duration 10 years from the filing date, renewable indefinitely for successive 10-year period.
Use Requirement If a trademark is not used within three years from its registration date, it may be subject to cancellation.
3. Industrial Designs
Eligibility Designs that are new and original.
Duration 5 years from the registration date, renewable for two additional 5-year terms, totalling up to 15 year.
4. Copyrights
Protection Automatic upon creation of original works, including literary, artistic, and scientific writings, audiovisual works, paintings, sculptures, architectural works, and traditional craft.
Duration Life of the author plus 70 years.
Registration While not mandatory, registration provides stronger legal standing in case of dispute.
🌐 International Treaties
Iran is a member of several key international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Madrid Agreement and Protocol for the International Registration of Marks
*Berne Convention for the Protection of Literary and Artistic Works
These treaties facilitate the international protection of IP rights and ensure that Iranian creators and businesses receive reciprocal protection abroad.
⚖️ Enforcement and Legal Action
Enforcement of IP rights in Iran involves:
*Civil Actions: Rights holders can file lawsuits in the civil courts for infringement.
*Criminal Actions: Infringements may lead to penalties, including fines and imprisonment.
*Customs Enforcement: The Customs Administration can seize counterfeit goods at the border.
The State Organization for Registration of Deeds and Properties plays a crucial role in managing and enforcing IP laws, including granting IP rights, maintaining registers, and resolving disputes.
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