What are the causes of counterfeiting and piracy in Iran?
The reason lies in the availability of such goods and the low economic power of the people to be lured into buying these goods. Also, many wealthy Iranians are not well informed about the change in the retail landscape and still assume luxury goods in local boutiques are convincing fake versions of the Western brands they profess to be.
Which are the goods that most often face counterfeiting and piracy in Iran?
Luxury brands like Burberry and Versace are among the goods that most often face counterfeiting and piracy.
Does Iran have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
What are the specific laws/orders/rules laid down in Iran for the enforcement of Intellectual Property Rights?
The Trademarks and Patents Registration Act (1931)
What are the different types of IPRs protected by IPR enforcement in Iran?
Patents and trademarks are protected by IPR enforcement measures.
What are the general IPR enforcement obligations in Iran?
Unlike most countries where trademark offices finalize the registration process, completing the trademark registration in Iran needs the help of a local lawyer. If the registration process is not completed, the courts will not enforce the trademark rights. The local lawyer is required to obtain a registration notice from the Trademark Office and pay official fees for publication of the notification in the Iranian Official Gazette. The documentation is in Persian Language.
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
The essential to-dos before an IP rights holder initiates the enforcement proceedings are as follows:
a) Seek registration of your IPR;
2) Lookout for unfaithful registrations; Patents, designs, and trademarks trolls as well as copycats; and
3) Collect and secure infringement evidence through court. Also, sending cease and desist notices are useful indications to prove the infringing actions of the counterfeiters in prospective anti-counterfeiting court actions.
Is there any limitation period for filing an infringement action?
In general, there is no limitation period; however, in certain commercial cases involving IPR, Iran penal Code (2013), the limitation period for forgivable crimes is 01 year.
Which of the following IPR enforcement channels is/are available in Iran?
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Which of the following types of civil remedies is/are available in Iran?
A) Injunctions - Yes
B) Monetary Compensation – Yes
C) Raids – Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Iran than the ones mentioned above? If yes, then kindly explain in brief.
What is the approximate timeline of civil litigation related to IPR enforcement in Iran?
1.5 to 02 years
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
Are there any disadvantages of civil litigation in Iran? If yes, then kindly give 2-3 points?
Yes, the courts are not well informed of the seriousness of IP issues and hold no specialisation as such. The same can lead to a prejudiced decision.
Is criminal prosecution available in Iran for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Which is the responsible authority in Iran corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - Courts
B) Imprisonment Term - Up to 02 years
C) Monetary Fine - Depending on the veracity of each case
Are there any other criminal remedies available in Iran than the ones mentioned above? If yes, then kindly explain in brief.
Other criminal remedies include the profits that have been earned by the infringer in addition to damages.
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Iran? If yes, then kindly give 2-3 points?
The punishment may not be deterrent enough in criminal prosecution.
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
Only if there is an agreement between the parties to the dispute to opt for ADR methods. There is no such proper framework.
Are border control measures (customs) available in Iran for the enforcement of IPRs?
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
What are the remedies available under border control measures (customs) in Iran?
Who must bear the costs of customs intervention during enforcement?
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
Which are the best practices for enforcement of IPRs in Iran?
Initiating court proceedings is the best practice for enforcement of IPRs in Iran.
Are there any risks involved in the enforcement of IPRs in Iran? If yes, then kindly give 2-3 points.
There are very few courts that are specialised in IP matters. Furthermore, they protect the rights of the IP owners if they are satisfied that the case is an unfair competition or infringement issue.