Iran

Intellectual property legislation includes Patent and Trademark Registration Law, July 1931and the Law for the Protection of Authors’, Composers’ and Artists’ Rights, January 1970. Iran acceded to WIPO Conventions from March 2002 and signatory of the Paris Convention as of December 1959, the Madrid Agreement[False or Deceptive Indications of Source on Goods], since June 2004, the Madrid Agreement{International Registration of Marks], since December 2003 and the Madrid Protocol[International Registration of Marks], since December 2003. The registration of patents and trademarks is administered by the Iranian Industrial Property Office [IIPO) under the supervision of the Judiciary of the Islamic Republic of Iran.

Iran Patents Registration

The patent application is examined as to form. In the event of rejection, the applicant is entitled to appeal within 10 days from the date of notification to the First Instance Public Court of Tehran whose decision may be appealed to the higher Supreme Court. If the applicant’s request for grant is accepted, or the application is upheld by a final court verdict, the decision of grant would be published on the Official Gazette within 15 days. Nonetheless, an interested party may file an opposition within a period not exceeding 60 days from the date of publication. A patent is valid for a term which ranges according to the applicant’s request between 1o, 15 or 20 years as from the date of filing. In the event an annuity fee is not paid at the anniversary date, it must be settled within the first three months of the year, otherwise the patent shall be cancelled. However, if the owner paid double the amount of the annuity within the next three months, the patens shall be restored. In case of advance cash payment a discount of 5% shall be given for five years, 10% for ten years, 15% for 15 years and 20% for twenty years.

A compulsory license may be granted to any interested party by virtue of an order to be issued by the Public Court of Tehran, if that interested party is in a position to establish lack of exploitation of the invention for a period of five consecutive years from the date of grant. If priority is to be claimed, it must be based on the Paris Convention within 12 months from the date of the earlier application in a country member of the Paris Union. Assignments, licenses, changes or any other post registration action must be duly recorded in the Register. If an infringement act is committed, the patentee may institute a suit before the Public Court of Tehran.

Formal filing requirements for a patent application are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. Power of attorney duly executed and legalized by an Iranian Consulate.
  3. A duly certified copy of the certificate of incorporation or an extract from the commercial register, if the applicant is a company.
  4. Title of the invention
  5. Three copies of the specification and claims in English.
  6. Three sets of the formal drawings.
  7. Three copies of an abstract in English and Farsi
  8. A duly executed and legalized deed of assignment if the applicant is not the inventor.
  9. A duly certified and legalized priority document, if priority is to be claimed.

Patent annuities.

  1. Power of attorney duly executed and legalized by an Iranian Consulate.
  2. Particulars of the applicant.
  3. The number and date of filing of the patent.

Changes.

  • Change of the owner’s name.
  • change of the owner’s address
  • assignment
  • licensing contract
  • mergers

Requirements:

  1. A duly executed Deed of Assignment legalized by an Iranian Consulate
  2. Power of attorney duly executed and legalized by an Iranian Consulate
  3. A duly executed contract of licensing.
  4. A duly certified merger instrument.
  5. A duly certified instrument of change of name and/or address.
  6. Original letters of patent for endorsement purposes.

Trademarks/service marks.

The International Classification of Goods is adopted. Since June 16, 2003 the Trademark Office adopted the 8th edition of the International Classification of Goods and Services. The new classification of goods and services has increased the number of glasses by dividing local service class 35 into separate eleven service classes to the effect that international classes will be 35 to 45. According to Islamic precepts alcoholic beverages such as wines, spirits, and liqueurs in class 33 and beer in soft drinks class 32 would be declined registration. In the event of doubt, the Iranian Registrar would request submission of the home country registration certificate, or a certificate from any other country to the effect of showing that beer in not included. Again, trademarks having portraits of women in any form cannot be accepted. Three dimensional marks applications are subject to examination as regards distinctiveness and non-functionality. Color marks applications are acceptable since September 22, 2002. Color marks, as the case of design marks, would be classified in compliance with the International Classification of the Figurative Elements of Marks. Color marks are examined on the basis of distinctiveness and non-functionality. Collective marks are registrable subject to presentation of a duly certified and notarized certificate issued by a competent authority verifying the right of use of the goods by the manufacturers covered by the mark or any other certificate certified by the issuing office where registration has been made. A trademark application is filed per mark in one or more multiple classes; however fees should be paid per each mark and per each class. Priority could be claimed within 6 months from the earlier application, and a certified copy of the same is required.

In the event, he Registrar declines to accept registration or offers an acceptance subject to a condition; the applicant may within 10 days appeal to the First Instance Public Court of Tehran. An accepted application is published in the Official Gazette. Opposition is permitted, however it should be triggered by any interested party, within a period not exceeding 30 days after publication. If the applicant does not abandon his application, the objector may institute a suit before the Public Court of Tehran. However, if no opposition is triggered, the mark’s certificate would be issued. Registration of a trademark may be cancelled, if an interested party established before the Public Court of Tehran that the mark had not been in operation for a period of three consecutive years. A trademark can be renewed for further consecutive periods of ten years subject to payment of prescribed fees. The renewal fees may be paid within the last six months before expiry of the term, however, a grace period of six months is permitted.

Formal filing requirements are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. A power of attorney duly executed and legalized by an Iranian Consulate.
  3. A duly certified and legalized copy of the certificate of incorporation or an extract from the Commercial Register if the applicant is a company.
  4. 12 prints of the mark for each class if the mark is a three-dimensional, logo, device or design. Reprints are not required for word marks. For a three-dimensional mark sufficient views must be shown.
  5. A complete list of goods and services to be covered by the registration.
  6. A duly certified and legalized copy of the priority document if priority is to be claimed.

NOTE: All documents may be filed together with the application form or later within a period preferably not exceeding a three months period. The whole time span required to consummate the whole process of registration is in the range of 7 to 9 months. For collective marks, the applicant must submit evidence of use in the form of a duly notarized certificate issued by a competent authority showing the goods covered by the mark and the manufacturers of the goods.

Changes.

  • Alteration of goods and services.
  • Alteration of a registered trademark.
  • Voluntary cancellation of a registration.
  • Change of name and /or address of the owner.
  • Assignment of the registration.
  • Licensing contract.

Requirements:

  1. A power of attorney duly executed and legalized by an Iranian Consulate.
  2. A duly certified instrument of change of name and/or address.
  3. Original certificate of registration / renewal as the case may be.
  4. A deed of assignment duly executed and legalized by an Iranian Consulate.
  5. A duly executed licensing contract.

Copyright.

Range and extent of protection.

Copyrights are governed by copyright law for the protection of Authors’, Composers and Artists of January 1970. Copyright Office is administered by the Center for Cultural Studies and Research [CCSR] under the supervision of the Ministry of Culture and Islamic Guidance. The copyright law provides protection, among other things, for original intellectual works in arts; literature and science whatsoever their value, the underlying purposes behind their creation or the manner of expression, insofar, as the prescribed provisions called for under the law have been observed. The protection embraces a wide spectrum including, inter alia, written literal works, translations of original works, audio-visual works, musical works, paintings, sculptures, architectural, photographical woks, designs, technical works of originality and other original works produced from combinations of any other original works. Registration is optional, and if an applicant elects so to do, it will be made with the Copyright Protection Office at the Ministry of Culture and Islamic Guidance where copies of the work for which copyright is sought must be lodged. A copyright is valid for a period covering the whole lifetime of the author plus 30 years after his death.

The law provides for permitted use in a clearly defined situations such as using the work of art for the user’s private or personal purposes, utilizing the works for illustration or explication purposes including quoting paragraphs from the work, and reproduction of the work for academic purposes by public libraries, universities, and other educational institutions, and non-commercial documentation centers, and cultural and scientific institutions, provided however that the copies reproduced shall not exceed reasonable needs.

The copyright owner has the right to reproduce his work and to prepare derivative works and to undertake any other action authorized under the law, and concomitant to this, has the unfettered right to bring an infringement action as when his rights have been encroached on. As stipulated under article 21 an author may register his name, title of work and it chief characteristics. Accordingly, formal filing requirements include particulars of the author, a power of attorney, a deed of assignment. Copies for the work sought to be protected had to be lodged with the Copyright Office.

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