Intellectual Property Law

Posted on Posted in Commercial Law, Incoporating Papers

Intellectual property law is necessitated by modern sciences to protect innovation and originality of mankind and to encourage new and creative ideas. Industrial rights emerged after the industrial revolution (in late 1800s) and protection of moral rights became more systematic on a global scale with the establishment of World Intellectual Property Organization (WIPO) in 1967. Intellectual property rights fall into two main categories; first literary and artistic property and second industrial property. Copyright protects the rights of authors of artistic works and includes protection of inventions and industrial designs. Intellectual property rights encompass economic and moral rights. While economic rights are temporary and transferable, moral rights are non-transferable and depend on the individual personality of the author. In particular, industrial property is of vital importance due to its role in production, modern technology and economic growth of countries  and literary rights are an important instrument to protect ideas and creativity which embolden the economic and capital significance of literary works. Holders of intangible intellectual property are always concerned about using them as capital in foreign countries. Therefore, the protection afforded to such property in host countries is worthy of investigation. Therefore, to make holders of such rights feel at ease and to ensure that their intellectual property is not subject to imitation or any other violation, countries have legislated protective laws which not only motivates innovators and inventors to create, but also it could encourage foreign investors which will ,in turn, facilitate transfer of technology and attraction of foreign investment. Iran has attempted to maximize protection for intellectual property by enacting modern legislation and acceding to relevant treaties during recent years. In summary, a number of principle legislation and treaties, which the country has ratified, are listed here:

  1. Patent Treaty, 2013
  2. The Law of Patents, Industrial Designs and Trademarks, 2007
  3. Lisbon Agreement, 2006
  4. The Law Protecting Geographical Marks, 2004
  5. Electronic Commerce Act, 2003
  6. Joining the Treaty on Establishing WIPO, 2003
  7. Madrid Agreement on Registering Trademarks and Additional Protocol regarding International Registration of Trademarks, 2003
  8. The law Protecting Creators of Computer Software, 2000
  9. Paris Industrial Property Convention- Stockholm reforms, 1999

FAR Law firm, benefiting from expert associates in the field of intellectual property, is prepared to offer consultation in different areas of intellectual property including patents, industrial designs, registration and protection of trademarks including international trademarks, copy rights and related rights for the protection of the rights of legal and natural persons. Besides, the law firm renders services regarding consultation and drafting different types of Transfer of Technology Contracts (TOT), dispute resolution in judicial and arbitration tribunals and expert panels on IP matters.

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