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:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
Power of attorney duly executed and legalized by an Iranian Consulate.
A duly certified copy of the certificate of incorporation or an extract
from the commercial register, if the applicant is a company.
Title of the invention
Three copies of the specification and claims in English.
Three sets of the formal drawings.
Three copies of an abstract in English and Farsi
A duly executed and legalized deed of assignment if the applicant
is not the inventor.
A duly certified and legalized priority document, if priority is
to be claimed.
Patent annuities.
Power of attorney duly executed and legalized by an Iranian Consulate.
Particulars of the applicant.
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:
A duly executed Deed of Assignment legalized by an Iranian Consulate
Power of attorney duly executed and legalized by an Iranian Consulate
A duly executed contract of licensing.
A duly certified merger instrument.
A duly certified instrument of change of name and/or address.
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:
Name and address of the applicant including his nationality, his domicile
and the address of his place of business.
A power of attorney duly executed and legalized by an Iranian Consulate.
A duly certified and legalized copy of the certificate of incorporation
or an extract from the Commercial Register if the applicant is a company.
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.
A complete list of goods and services to be covered by the registration.
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:
A power of attorney duly executed and legalized by an Iranian Consulate.
A duly certified instrument of change of name and/or address.
Original certificate of registration / renewal as the case may be.
A deed of assignment duly executed and legalized by an Iranian Consulate.
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.
