Research and development in private law

Research and development in private law

The Notion of Famous Trademarks and Well-known Trademarks in Light of the Industrial Property Protection Act of 2024, the Paris Convention and the TRIPS Agreement

Document Type : Original Article

Author
Assistant Professor, Faculty of Law, Shahid Beheshti University, Tehran, Iran
Abstract
In light of the ever-increasing expansion of economic interactions, the globalization of trade, and the necessity to protect the concept of ownership in international commercial law, we witness the emergence of various trademarks. A sound legal system aims to protect different types of ownership, including ownership of trademarks. Given the undeniable role of trademarks in distinguishing business competitors from one another and preventing unfair competition, the protection of trademarks in both domestic and international trade becomes essential. Undoubtedly, one of the legal aspects of trademark protection is the distinction between the concepts of famous and well-known trademarks, such that each of these famous and well-known trademarks benefits from additional privileges and protection. Iranian law has long recognized the protection of trademarks. On March 12, 1957, the National Consultative Assembly passed the law allowing Iran to join the Paris Union for the Protection of Industrial, Commercial, and Agricultural Property, which included significant provisions regarding the protection of famous trademarks. However, these provisions have not been fully implemented in judicial practice and domestic courts. Moreover, providing an accurate definition of the two concepts of famous and well-known trademarks distinguishing them from one another, and assigning special protection to each has been neglected. Considering the recent adoption of the Iranian Industrial Property Protection Act and the frequent use of this issue in the field of commerce, it seems that reflecting on the concepts and contributions of the new regulations is necessary to achieve the ultimate goal of protecting trademarks. This article, using a library research method, examines these concepts in the new act and, through a comparative analysis with other international instruments, including the Paris Convention and the TRIPS Agreement, interprets the role of defining these concepts in achieving full legal protection of trademarks in Iranian law.
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