Intellectual Property in Iran - Law of Registration of Marks and Patents, 1931

Law of Registration of Marks and Patents, 1931

The Iranian Law of Registration of Marks and Patents of 1931 stipulates that a trademark is any type of logo, design, picture, number, letter, word, seal, wrapper, etc. that is adopted to identify and distinguish goods and services. The law provides for registration of various types of marks chosen to identify industrial, commercial or agricultural products and goods. It also provides for registration of service marks. The essential requirement is that the mark presented for registration should be distinctive.

Obtaining a court injunction is a proper remedy to prevent the violation of any right secured by patent. This is provided for in the law, and the complainant can seek compensation of any damages sustained. If the violation falls under the heading of unfair competition, forgery or fraud, the perpetrator faces prosecution.

Article 30 of the law provides that any inventor or discoverer who holds an unexpired patent certificate outside Iran may apply for a patent in Iran valid for the remaining duration of the original one. But if a person or firm has used the invention or discovery in Iran—wholly or partially—prior to the foreigner’s application or has made preparations to exploit the same, the foreign patentee will not have the right to stop the operation of said person or firm.

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