Iran is a member of the WIPO since 2001 and has acceded to several WIPO intellectual property 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 and the Madrid Protocol 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 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 called "Law for the Protection of Authors, Composers and Artists Rights", dated January 12, 1970, passed by Iran's National Consultative Assembly, 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, or a member of the World Trade Organization (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.
Obtaining a court injunction is a proper remedy to prevent the violation of any right secured by patent. This is provided for in the law, and the complainant can seek compensation of any damages sustained. If the violation falls under the heading of unfair competition, forgery or fraud, the perpetrator faces prosecution.
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 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, 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.