INTENTIONS OF PATENT SYSTEM IN BRIEF

   Encouraging the development of new ideas.

   Encouraging disclosure of the new ideas.

 INTENTIONS OF TRADEMARK SYSTEM IN BRIEF

   Allowing the public to identify a particular product by providing on the    product a name, logo or other identifying marks or appearance which are used to signify the manufacturer or originator of the product.

   Avoiding confusion arising in which the public is misled inadvertently or deliberately by an infringer into buying a product or service from the wrong supplier.

 NOTE: Trademark does not in any way protect the product itself, so that the product may (unless patented) be copied provided the identifying mark is not copied.

REGISTRATION AND PROTECTION OF IP IN IRAN

 Although Iran’s IP Laws and Regulations have been authorizing the registration and enforcement of foreign patent and trademarks for many years, we believe that the value of Intellectual Property is only now truly beginning to be understood in Iran.

But unfortunately with regard to Copyright, only domestic copyrights are subject to registration and protection for the time being.

IRANIAN LEGAL RESOURCES ON PATENt & TRADEMARK

   The Iranian patent and Trademark Registration Act of 1931 ("Act")

   Regulations for the Implementation of the Patent and Trademark Registration Act promulgated in 1958 as amended.

   The provisions of the Paris Convention for the Protection of Industrial Property to which Iran has adhered on December 16 1959, and to its amendment on January 4 1962.

NOTE: Should you have any enquiries about the content, implementation  or interpretation of the mentioned Laws and Treaties, please do not hesitate to contact Iran Business Lawyers at Dr.Shamsaei & associates.

SOME IMPORTANT DATA FOR FOREIGN INVESTORS

   According to Article 30 of the Act and Section 24 of the related Regulations on Patents of Importation (PI), patents granted in foreign countries can be automatically registered in Iran for the validity period of the original patent.

   According to Article 4 of the Act, foreign registered trademarks will be allowed to be registered in Iran only if the country of the applicant reciprocally provides for the registration and protection of Iranian Trademarks.

   Article 30 of the Act and Section 46 of the Regulations requires a foreign applicant to appoint a local person as agent for service of process.

    In case of infringement, these awards are available on going to the court:

  1. equitable relief in the form of orders of attachment against the allegedly infringement goods

  2. temporary restraining orders;

  3. injuctions;

  4. payment of fines by persons who knowingly infringe trademarks or patents registered in Iran;

  5. penal sentences of imprisonment;

   According to Article 4 of the Paris Convention, any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark in one of the countries of the Union, or his successor in title, shall enjoy, for the purpose of filing in the other countries, a right of priority during the periods hereinafter fixed.

NOTE: Should you need any further information, feel free to contact Iran Business Lawyers at Dr.Shamsaei & Associates.

OUR SERVICES TO THE CLIENTS

Iran Business Lawyers at Dr.Shamsaei & Associates can provide a full range of services from the registration of the patent & trademark to the enforcement of existing IP rights and even taking legal action on Copyright against third party infringers.

NOTE: If you are interested in filing a patent or trademark application, contact us to send you the requirements.