Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...

is a member of the

WIPO The World Intellectual Property Organization (WIPO; (OMPI)) is one of the 15 specialized agencies of the United Nations (UN). Pursuant to the 1967 Convention Establishing the World Intellectual Property Organization, WIPO was created to pr ...

since 2001 and has acceded to several WIPO

intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

treaties. Iran joined the ''Convention for the Protection of Industrial Property'' ( Paris Convention) in 1959. In December 2003 Iran became a party to the

Madrid Agreement The Madrid System, also known as the Madrid Protocol, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. It was established pursuant to the multilateral treaty, treati ...

and the

Madrid Protocol The Madrid System, also known as the Madrid Protocol, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. It was established pursuant to the multilateral treaties ''Mad ...

for the ''International Registration of Marks''. 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. As at February 2008 Iran had yet to accede to ''The Hague Agreement for the Protection of Industrial Designs''.

Agencies responsible for IP policy in Iran

* The ''Department of Authors, Composers and Artists'' at the

Ministry of Culture and Islamic Guidance The Ministry of Culture and Islamic Guidance (, ''Vezârat-e Farhang va Ershâd-e Eslâmi'') ("Ministry of CIG") is a ministry responsible for managing access to media that, in the view of the Iranian government or the ministry, violates Iranian ...

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. * 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 proprietary and intellectual rights of works produced inside Iran calle
"Law for the Protection of Authors, Composers and Artists Rights"
dated January 12, 1970, passed by

Pahlavi Iran The Imperial State of Iran, officially known as the Imperial State of Persia until 1935, and commonly referred to as Pahlavi Iran, was the Iranian state under the rule of the Pahlavi dynasty. The Pahlavi dynasty was created in 1925 and lasted ...

National Consultative Assembly The National Consultative Assembly (), or simply Majles, was the national legislative body of Iran from 1906 to 1979. It was elected by universal suffrage Universal suffrage or universal franchise ensures the right to vote for as many people ...

, supplemented with the ''“Law for the protection of Rights of the Authors of Computer Programs”'' passed on (Iranian year 1379). On 22 August 2010, Iran's Islamic Consultative Assembly passed a reformation of article 12 of Law for the Protection of Authors, Composers and Artists Rights and increased the copyright length based on author's death to 50 years after death of author; this law only applies to works that were still in protection when the law passed on 22 August 2010. However these laws do not cover works from outside Iran as it is ''not'' a signatory to the Berne Convention for the Protection of Literary and Artistic Works or the

WIPO Copyright Treaty The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides ...

, or a member of the

World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...

(WTO). In 2012 Iran announced plans to join international conventions on the protection of literary, artistic, scientific works, including Berne Convention and Rome Convention.

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. 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'' was first passed by the

Iranian parliament The Islamic Consultative Assembly (), also called the Iranian Parliament, the Iranian Majles (Arabicised spelling Majlis) or ICA, is the unicameral national legislative body of Iran. The parliament currently consists of 290 representatives, an i ...

on 23 January 2008 for a probationary period of five years, effective from May 5, 2008. 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 The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted by a United Nations diplomatic conference on 10 June 1958 and entered into force on 7 June 1959. The Convention ...

, 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. According t
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

invention An invention is a unique or novelty (patent), novel machine, device, Method_(patent), method, composition, idea, or process. An invention may be an improvement upon a machine, product, or process for increasing efficiency or lowering cost. It m ...

s 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. Iran is neither a party to an international agreement nor has a distinct law concerning the layout designs of

integrated circuits An integrated circuit (IC), also known as a microchip or simply chip, is a set of electronic circuits, consisting of various electronic components (such as transistors, resistors, and capacitors) and their interconnections. These components a ...

. However, as these can be regarded as an invention or an original technical work, they may be considered subject to, and thus protected by, Article 26 of the ''Trademarks and Patents Registration Act'' (1931) concerning patents or Article 2.11 of the ''Act on the Protection of the Rights of Authors, Composers and Artists'' (1970) as to the original technical works (See above).

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:

Patents A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...

are registered for 5, 10, 15 or 20 years, at the option of the applicant. 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 The Patent Cooperation Treaty (PCT) is an international patent law treaty, concluded in 1970. It provides a unified procedure for filing patent applications to protect inventions in each of its contracting states. A patent application filed und ...

(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.

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.

Trademarks

Types and duration: A

trademark A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a Good (economics and accounting), product or Service (economics), service f ...

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

flag of Iran The national flag of the Iran, Islamic Republic of Iran, also known as the ''Tricolour Flag of Iran'' (), is a tricolour (flag), tricolour featuring the Pan-Iranian colors comprising equal horizontal bands of green, white and red with the embl ...

; any flag that the government has prohibited to be used as a trademark; badges, medals and insignia of the

Iranian government The Government of the Islamic Republic of Iran (), known simply as ''Nezam'' (), is the ruling State (polity), state and current political system in Iran, in power since the Iranian Revolution and fall of the Pahlavi dynasty in 1979. Its Const ...

; marks of official institutions such as the Iranian Red Crescent or the

International Red Cross The International Committee of the Red Cross (ICRC) is a aid agency, humanitarian organization based in Geneva, Switzerland, and is a three-time Nobel Prize laureate. The organization has played an instrumental role in the development of Law of ...

; words and/or phrases creating an impression of official connection with Iranian authorities; marks contrary to

public order Public order may refer to * Public security: the prevention of and protection from events that could endanger the safety and security of the public from significant danger or property damage * Public order policing: police maintenance of order ...

and public morals (the standard for this is tougher in Iran than in most other countries); and marks that so closely resemble an already registered mark that it would cause confusion or deceive consumers. 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

Geographical Indications A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (e.g., a town or region). The use of a geographical indication, as an indication of the product's source, is inten ...

may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin.

Licensing and franchising

There are numerous associations that assist in matching licensers and

franchisers Franchising is based on a marketing concept which can be adopted by an organization as a strategy for business expansion. Where implemented, a franchisor licenses some or all of its know-how, procedures, intellectual property, use of its busines ...

with local partners. The most important of these is the Iran Chamber of Commerce Industries and Mines. Another important point of reference is the Internet-based , which provides information on locating local partners. Failure to observe the ''

Copyright Law A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, e ...

'' has prevented overseas companies from investing in Iran’s software industry.

E-commerce

The

Iranian Parliament The Islamic Consultative Assembly (), also called the Iranian Parliament, the Iranian Majles (Arabicised spelling Majlis) or ICA, is the unicameral national legislative body of Iran. The parliament currently consists of 290 representatives, an i ...

adopted the in 2004. Articles 62–66 of this law specify that Iran’s existing intellectual-property laws apply to all electronic transactions. Articles 62 and 63 deal with the protection of authors’ rights; Articles 64 and 65 ensure the protection of

trade secret A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its conf ...

s; and Article 66 protects trademarks and

domain name In the Internet, a domain name is a string that identifies a realm of administrative autonomy, authority, or control. Domain names are often used to identify services provided through the Internet, such as websites, email services, and more. ...

International conventions

Protection of Cultural Property

Iran ratified the '' Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict'' (The Hague, 14 May 1954.) in 1959 and the '' Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property'' (Paris, 14 November 1970.) in 1975, and agreed to the ''

Convention concerning the Protection of the World Cultural and Natural Heritage The World Heritage Convention, formally the Convention Concerning the Protection of the World Cultural and Natural Heritage, is an international treaty signed on 23 November 1972, which created the World Heritage Sites, with the primary goals o ...

'' (Paris, 16 November 1972) and to the'' Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict''. (The Hague, 26 March 1999) in 2005.

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).

World Intellectual Property Organization (WIPO), 2002

Iran is a member of the

since 2002 and has acceded to several WIPO intellectual property treaties. However, Iran is not a signatory to the

. As per

's report titled "World Intellectual Property Indicators 2013", Iran ranked 90th for

patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an sufficiency of disclosure, enabling discl ...

s generated by Iranian nationals all over the world, 100th in

industrial design Industrial design is a process of design applied to physical Product (business), products that are to be manufactured by mass production. It is the creative act of determining and defining a product's form and features, which takes place in adva ...

and 82nd in

s, positioning Iran below

Jordan Jordan, officially the Hashemite Kingdom of Jordan, is a country in the Southern Levant region of West Asia. Jordan is bordered by Syria to the north, Iraq to the east, Saudi Arabia to the south, and Israel and the occupied Palestinian ter ...

and

Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...

in this regard but above

Yemen Yemen, officially the Republic of Yemen, is a country in West Asia. Located in South Arabia, southern Arabia, it borders Saudi Arabia to Saudi Arabia–Yemen border, the north, Oman to Oman–Yemen border, the northeast, the south-eastern part ...

and

Jamaica Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...

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 Madrid Agreement Concerning the International Registration of Marks and its protocol.

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 The Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, signed on 31 October 1958, ensures that in member countries, appellations of origin receive protection when are protected in their country o ...

, 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.

WTO copyright laws

Iran's government has not agreed to be bound by WTO copyright laws, endorsing the free distribution of unlicensed software in massive quantities.

Linux Linux ( ) is a family of open source Unix-like operating systems based on the Linux kernel, an kernel (operating system), operating system kernel first released on September 17, 1991, by Linus Torvalds. Linux is typically package manager, pac ...

, freely reproducible even in countries with strong

Intellectual Property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, co ...

(IP) laws, is also growing in popularity within Iran, however. Iran may change this status if and when it becomes a full member of

WTO The World Trade Organization (WTO) is an intergovernmental organization headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...

, as WTO members are encouraged to abide by WTO copyright regulations. However, the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

has previously vetoed Iran's ascension to the WTO 22 times, and actively refuses to support Iran's full membership in the WTO. Thus, as a matter of reciprocity, Iran has determined that its interests are not served by observing WTO copyright treaties, and has thus exercised its sovereign right not to alter its laws, thereby making certain foreign copyrights unenforced by Iranian authorities, in theory, or in practice. Iranian pharmaceutical manufacturers are disadvantaged by the government's poor intellectual property protection regime. Developing a molecule for combination therapies may qualify for patent protection in other countries. However, while weak patent law adherence continues in Iran, it is expected this will create significant barriers for Iranian companies prospecting trade on the global market.

References

External links

An Introduction to the Iranian Intellectual Property LawMemorandum 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 on Protection of Authors, Composers and Artists Rights (1970)Patent, Industrial Design and Trademark Registration Act (2007)IP related information about Islamic Republic of Iran
at

website.
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 statesIntellectual property rights for developing countries: Lessons from Iran
(2008) {{DEFAULTSORT:Intellectual Property In Iran Law of Iran Iranian intellectual property law Mass media in Iran Economy of Iran Communications in Iran