Intellectual Property in Iran - Law of Registration of Patents, Industrial Designs and Trademarks, 2008

Law of Registration of Patents, Industrial Designs and Trademarks, 2008

The Law of Registration of Patents, Industrial Designs and Trademarks was first passed by the Iranian parliament on 23 January 2008 for a probationary period of five years, effective from May 5, 2008.

The Majlis (Parliament) also ratified a bill in May 2001 to recognize and enforce international arbitration awards, a decision designed to grant companies greater protection over their property. By acceding to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, Iran has agreed to enforce arbitration awards made in other countries. Awards issued in Iran will also be enforceable in other member countries.

According to Nourlaw, the new law, unlike its predecessor gives priority to patents and industrial designs over trademarks and is substantially more scrupulous in the protection of these instruments, as it is of intellectual property rights. According to the State Registration Organization of Deeds and Properties, a total of 9,570 national inventions was registered in Iran during 2008. Compared with the previous year, there was a 38-percent increase in the number of inventions registered by the organization.

Iran is neither a party to an international agreement nor has a distinct law concerning the layout designs of integrated circuits. However, as these can be regarded as an invention or an original technical work, they may be considered subject to, and thus protected by, Article 26 of the Trademarks and Patents Registration Act (1931) concerning patents or Article 2.11 of the Act on the Protection of the Rights of Authors, Composers and Artists (1970) as to the original technical works (See above).