Research and development in private law

Research and development in private law

Jurisdiction, Procedure and Claims of Special Intellectual Property Tribunal

Document Type : Original Article

Author
Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
Especially the Industrial Property Protection Law of 1403, which has good innovations regarding the conditions of judges in intellectual property claims, the concept of beneficiary in litigation, and some aspects of the procedure and proof and arbitrability of intellectual property claims. It is not possible to study and understand the jurisdiction and procedure of the special judicial Tribunal of intellectual property without examining patent claims and claims related to industrial designs and trademarks and approvals, as well as trade secret claims and fair competition. The law of 1403, in the general view, has been able to fill some legal gaps regarding the protection of industrial property by providing legal solutions and solving some needs. What can be understood from this research is that many of the innovations of this law, such as arbitrability and the creation of specialized branches, are rooted in the studies of legal doctrine, especially the thoughts of Professor S. Habiba. For example, knowing relevant judges to guarantee the independence of the judge and the rotation of the concept of the beneficiary to develop the possibility of filing a lawsuit has been in line with the doctrinal view that spoke of the intellectual property court and the generality of the interest. Many of the provisions of this law deal with patent rights. It shows the industrialization of society, the importance of related lawsuits, and the evolution of ownership. Dealing with comparative advertising and introduction of goods and services and famous brands and the issue of revocation due to the lack of use of the relatively new aspects of this law, along with the establishment of regulations on trade secrets and unfair competition.
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