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Enforcement of IPRs in Iran


Enforcement of IPRs
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.
Luxury brands like Burberry and Versace are among the goods that most often face counterfeiting and piracy.
The Trademarks and Patents Registration Act (1931)
Patents and trademarks are protected by IPR enforcement measures.

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.

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.
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.
A) Government Authorities -
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation – Yes
C) Raids – Yes
D) Seizures - Yes
E) Destruction - Yes
1.5 to 02 years
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.
A) Responsible Authority - Courts
B) Imprisonment Term - Up to 02 years
C) Monetary Fine - Depending on the veracity of each case
Other criminal remedies include the profits that have been earned by the infringer in addition to damages.
The punishment may not be deterrent enough in criminal prosecution.
Only if there is an agreement between the parties to the dispute to opt for ADR methods. There is no such proper framework.
Initiating court proceedings is the best practice for enforcement of IPRs in Iran.
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.