Intellectual Property Law

The Islamic Republic of Iran’s Law regarding the protection of Intellectual Property divides into two periods of time, before and after the Islamic revolution. By considering that the Laws before the Islamic revolution remained valid even after the revolution, Intellectual Property Law protects intellectual/intangible assets such as inventions, trademarks, industrial designs, and geographical indications.

Intellectual Property Law

Intellectual Property Law

Iran’s law regarding intellectual property has an advanced legal framework which may be suitable ground for international cooperation.

Iran is a member of the World Intellectual Property Organization (WIPO) and has joined several international treaties such as the Paris Convention for Protection of Industrial Property 1959 as well as the Madrid Agreement and Protocol for International Registrations of Trademarks 2003.

 

Is Iran a member of the other relevant organization or treaties regarding IP Law?

Iran is one of the member states of the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration in 2005 but didn’t sign the Berne Convention for the Protection of Literary and Artistic Works yet and didn’t sign the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

 

What are the Iranian Relevant governmental entities in IP Law?

There are three governmental entities which are responsible regarding IP issues in Iran as below:

  • Ministry of Culture and Islamic Guidance
  • Iranian Research Organization for Science and Technology
  • The Center of Intellectual Property (under the supervision of Judiciary(

The above-mentioned entities undertake the obligations derived from copyright, translation and copyright of audio, protection of the creators of computer software, innovation and marks registration, industrial designs and trademarks as well as the relevant issues regarding electronic trade.

 

Is it possible to protect the patents internationally in Iran?

Since the Islamic Republic of Iran has joined the Patent Cooperation Treaty (PCT) in recent years, which led to the vast scale of protection by the member states, Iranian nationals and residents are able to submit an international application to protect.

 

What are the criteria of “Originality”?

The concept of “Originality” is not defined neither in Iran’s IP Law nor in the law of the other territories. “Originality” consists of two main criteria through the procedure:

  • A work must emanate from its author. Therefore the work should, in reality, belongs to its creator and nobody else.
  • The author must have exercised a modicum of skill, labor, and judgment in the work creation.

Therefore, the original work is not the work which merely belongs to its creator, it should be work with creativity regarding representing manner.

In Iran’s IP Law (Article 1 of the Law for the Protection of Authors, Composers and Artists Rights), it seems that the protection should be applied only in relation to the works with creativity.

 

 

The Intellectual Property Law in Iran also divides to the below topics specifically:

  • Authors’ rights
  • Copyright
  • Database right
  • Geographical indication
  • Indigenous intellectual property
  • Industrial design right