Intellectual property in Iran
Agencies responsible for IP policy in Iran
- The Department of Authors, Composers and Artists at the Ministry of Culture and Islamic Guidance is the main responsible body for copyright matters,
- The Industrial Property Office at the Organization for Registration of Deeds and Estates of the Judiciary of Iran is in charge of industrial property affairs. It includes drafting copyright regulations that comply with international standards and international brand registration services.[2]
- The Iranian Research Organization for Science and Technology deals with the operationalization of national technology development plans and policies, issuance of scientific certificates and examination of feasibility or industrial applicability of proposed projects and inventions.
Law for the Protection of Authors, Composers and Artists Rights, 1970
Iran has a legal code to protect the
On 22 August 2010,
However these laws do not cover works from outside Iran as it is not a signatory to the
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.[1]
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.
Law of Registration of Patents, Industrial Designs and Trademarks, 2008
The Law of Registration of Patents, Industrial Designs and Trademarks
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.[1]
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.[10]
Iran is neither a party to an international agreement nor has a distinct law concerning the layout designs of
Patents
Novelty: No public knowledge in Iran or abroad sufficient to put into practice. The first person to apply for the registration of an invention in accordance with the law is considered the inventor of the patent, unless proven otherwise.
Types and duration:
Unpatentable: Pharmaceutical formula and compounds are not patentable, but a patent application can be filed for processes related to the manufacture of pharmaceuticals. In addition, any invention or improvement on an invention disturbing public order or considered to be contrary to morality or public health cannot be patented.
Working: A patent will be vulnerable to cancellation if it is not worked during the five-year period following its date of granting.
Registration: In October 2007 Iran's parliament approved becoming signatory to the Patent Cooperation Treaty (PCT) which enables patent holders in one country to register their patents in PCT member countries simply by filing a single application with the related national registration authority.[citation needed]
Copyrights
Registrable: Books, pamphlets, plays and all other literary, scientific and artistic writings, irrespective of the way they are written, recorded or broadcast; audiovisual works for stage or screen performances or for broadcasting by radio and television; paintings, pictures, drawings, designs, decorative writings, geographical maps or any decorative and imaginative work produced in any simple or complex manner; sculptures of all types; architectural works, designs, sketches and buildings; photographic works produced by any original methods; original articles of applied handicraft and industrial art, carpet and rug designs; original works based on folklore and national heritage of culture and arts.[citation needed]
Trademarks
Types and duration: A trademark may be registered for ten years, renewable indefinitely for additional ten-year periods.
Legal effect: Registration gives an owner the exclusive right to use a trademark on the goods for which the trademark is registered. The owner may prevent other parties from using the trademark on competing products.
Not registrable: The official
Working: If a trademark has not been used in Iran or abroad within three years from the registration date and if the owner or his legal representative fails to furnish a valid reason, any interested party may apply to the court and request cancellation of trademark.
Registration: To register a trademark, an applicant (Iranian or foreign) should refer in person or through an attorney to the Registration Office for Industrial Property, in Tehran, and file a request for obtaining a certificate of trademark registration. Applications are published in the official gazette so that interested parties may inspect and, if needed, contest them. The registrar examines applications for format, content and consistency in compliance with the relevant rules of registration. If the registrar rejects an application, the applicant may appeal in court.
Plant Variety Protection Act, 2003
In order to protect plant varieties, a distinct legislation entitled was adopted in 2003.
Protection of Geographical Indications Act, 2004
The use of a
Licensing and franchising
There are numerous associations that assist in matching
Failure to observe the
E-commerce
The
International conventions
Protection of Cultural Property
Iran ratified the
Convention for the Protection of Industrial Property (a.k.a. the Paris Convention), 1959
Iran is a signatory to the International Convention for Protection of Industrial Property (also known as the Paris Convention).[14]
World Intellectual Property Organization (WIPO), 2002
Iran is a member of the
As per WIPO's report titled "World Intellectual Property Indicators 2013", Iran ranked 90th for patents generated by Iranian nationals all over the world, 100th in industrial design and 82nd in trademarks, positioning Iran below Jordan and Venezuela in this regard but above Yemen and Jamaica.[16][17]
Madrid Agreement Concerning the International Registration of Marks, 2003
The Council of Ministers passed Decree H24305T/6921 in December 2003, ratifying Iran’s accession to the
Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, 2005
In 2005 Iran joined the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, which ensures the protection of geographical names associated with products. The Lisbon Agreement went into force in March 2006. As a direct consequence, Iran’s Customs Administration has banned the import of goods that are produced overseas but bear Iranian brand names.[18]
WTO copyright laws
Iran's government has not agreed to be bound by
Iran may change this status if and when it becomes a full member of
See also
- Iran and copyright issues
- Science in Iran
- Economy of Iran
- List of countries' copyright length
- International rankings of Iran
- List of major economic laws in Iran
- Media of Iran
References
- ^ a b c d SOURCE: Country Commerce, ed. (19 Mar 2008), "COUNTRY BRIEFING: Iran", Licensing and intellectual property, Economist Intelligence Unit
- ^ "University Hosts Intellectual Property Workshop". financialtribune.com. 25 October 2016. Archived from the original on 26 October 2016. Retrieved 26 October 2016.
- ^ "Iran (Islamic Republic of): Act for the Protection of Authors, Composers and Artist Rights". Archived from the original on 2011-06-05. Retrieved 2011-05-12.
- ^ "Law for the protection of Rights of the Authors of Computer Programs" (in Persian). Archived from the original on 2011-05-05. Retrieved 2011-05-12.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2013-03-10. Retrieved 2017-02-08.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ https://swap.stanford.edu/20120513195337/http://english.farsnews.ir/newstext.php?nn%3D8101300907 [bare URL]
- ^ "Iranian publishers willing to join Universal Copyright Convention of Berne". tehrantimes.com. 23 October 2016. Archived from the original on 24 October 2016. Retrieved 24 October 2016.
- ^ "Patent, Industrial Design and Trademark Registration Act". Archived from the original on 2012-10-13. Retrieved 2011-05-12.
- ^ "Law of Registration of Patents, Industrial Designs and Trademarks" (in Persian). Archived from the original on 2011-05-24. Retrieved 2011-05-12.
- ^ "Iran Daily - Science - 04/13/09". www.iran-daily.com. Archived from the original on June 15, 2009.
- ^ "Memorandum of the foreign trade regime of Iran" (PDF). Ministry of Commerce (Iran). November 2009. Archived from the original (PDF) on November 1, 2012.
- ^ Iran daily: Software Exports Opportunities & Challenges Archived April 11, 2009, at the Wayback Machine
- ^ Solutions, EIU Digital. "Telecommunications, telecoms, mobile, broadband, communications, TMT industry analysis and data from The EIU". www.ebusinessforum.com. Archived from the original on 2011-09-27. Retrieved 2018-05-28.
- ^ a b "Powered by Google Docs". Archived from the original on 2015-05-05. Retrieved 2012-02-05.
- ^ "Ratified and non Ratified conventions by country, UNESCO". Portal.unesco.org. Archived from the original on 2012-01-27. Retrieved 2012-02-05.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 2014-06-10. Retrieved 2014-05-30.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Launch of World Intellectual Property Indicators – 2015 Edition". Archived from the original on 12 April 2016. Retrieved 2 April 2016.
- ^ "Iran Daily - Domestic Economy - 08/01/09". Archived from the original on August 6, 2009. Retrieved October 13, 2009.
- ^ Coffey, Andrew (2004-09-21). "Security fears spark Linux drive in Iran - Breaking - theage.com.au". www.theage.com.au. Archived from the original on 2009-12-03. Retrieved 2009-10-13.
- ^ "Business Monitor International: Iran Pharmaceuticals and Healthcare Report Q2, 2009". Payvand.com. 2009-03-25. Archived from the original on 2011-11-29. Retrieved 2012-02-05.
External links
- An Introduction to the Iranian Intellectual Property Law
- Memorandum of the foreign trade regime of Iran (2009) - Document describing all aspects of Iran's trade and economic policies, including intellectual property protection - Ministry of Commerce (Iran)
- Science, Technology and Innovation Policy Review - Iran - United Nations Conference on Trade and Development (2005)
- Act for the Protection of Authors, Composers and Artist Rights (1970) Archived 2012-10-13 at the Wayback Machine
- Patent, Industrial Design and Trademark Registration Act (2007)
- IP related information about Islamic Republic of Iran at WIPOwebsite.
- Iran’s New Law On IP Protection Moves It Onto International Stage (2008)
- Nourlaw - Database on Iranian laws and regulations
- WIPO's BERNE membership list of states
- Intellectual property rights for developing countries: Lessons from Iran (2008)