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INDUSTRIAL
PROPERTY PROTECTION
Iran
is a member of the Paris Union International
Convention for the protection of Industrial
Property and world Intellectual
Property Organization (WIPO).
Citizens of member
countries are
entitled to receive patent
and trademark rights identical to those of Iranian nationals.
Also under the Convention,
if a foreign national makes
application for a patent in
his own country and within twelve months makes similar
application in Iran or another convention
country, the filing date shall be considered
the same as that of the
original application.
Non-residents desiring to file
patent and trademark applications in Iran must do so through an attorney or
other representative in residence here who must be given full power of attorney
for that purpose . Applications must be prepared in the Persian. General
inquiries regarding patent, trademark
and copyright procedures in Iran
may be addressed to Director, Registration
Office of Company and Industrial Property,
Tehran, Iran. The investor should
refer to the law on Registration of Trademarks
and Patents of June 1931, and
implementing regulations effective
July 15, 1958.
PATENTS
Patents
are granted for 5, 10,15 or a maximum of 20 years at the option of the inventor.
Fees are levied annually for the
duration of the patent. Additions
or improvements may later be included and are protect able for the duration of
the basic patent. An inventor
holding an unexposed patent registration in a foreign country can
apply for a corresponding patent
in Iran. The validity period shall
be the same as the original patent.
However, if a person or firm in Iran has completely or partially
exploited, or made preparations to exploit
the said invention prior to application , the inventor will not have the
right to oppose the actions of said person or firm.
Patent applications are examined only for correctness of documents and compliance
of the subject matter with
patent ability specifications . A
paten table invention must be novel
and capable of practical use in
industry or agriculture . The novelty is prejudiced,
if it is given publicity in Iran or abroad before
application procedures are completed . Unfavorable decisions on an
application may be appealed to the courts.
Financial plans, inventions which
may be
contrary to
public order,
health or good morals, and
medicinal formulas
or compounds
are not
paten table. Processes for the manufacture of pharmaceuticals are paten table.
If a
patent is
not exploited
within five
years from
the effective
date of
grant, any
interested party
may apply
for its
nullification. Persons who
believe their
interests are
being adversely
affected by
a registered
patent , may file
for cancellation
with the
courts. Patents
and trademarks
may be
licensed or assigned, but such
action must
be recorded
with the
Registration Office to
be effective.
TRADEMARKS
Trademark
registrations are effective
for ten years
following the
dated of
filing the
application and
may be renewed for
similar periods.
Applications are
made public
so that
interested parties
may inspect
and contest
them. If
another party
wishes to
contest on grounds
of prior use,
he must
do so within
three years after
the time
the registered
mark becomes
incontestable on
these grounds.
The application
is examined
for format
and consistency
for register ability . If
the Registrar
rejects an
application , the
applicant may
appeal to the
courts. According
to existing regulations , all
commercial and
industrial products
are classified
into 36
categories. The following are
not register able as
trademarks :(1) those
containing Governmental
insignia or
emblems of
official institutions
such as
Red Crescent
and revolutionary
foundations ; (2) those
containing a picture
of the Leader
or the
President of
the Islamic
Republic of
Iran ( except by special permission
) ; (3) those
conveying an
impression of
a connection
with the
high ranking
officials of the
Government; (4) those
contrary to public
order or
good morals; (5) those likely
to mislead
the consumer
as to origin
or quality
of goods.
If a
trademark has
not been
used within
three years
of its
registration, any
interested party
may apply
for cancellation.
COPYRIGHTS
Although
there is no
copyright law
in Iran, Articles 23
through 31
of the Law
for the
Protection of
the Rights of
Authors, Composers
and Artists
of January
1st 1970
may be
invoked in
favor of
an author if
it is
determined that
his work
has been
published without
his or his
heirs permission . Under
these provisions , owners
of intellectual
works are
also entitled
to protection
of publication
rights and
against infringing
import practices.
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