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Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   spring 2018 , Volume 14 , Number 35 ; Page(s) 11 To 32.

Legal support of violation industrial property against grey markets

Author(s):  Mohammadi Monfared Amir, EFTEKHAR JAHROMI GOUDARZ*
* Department of Private Law, College of Law, Theology and Political Science, Science and Research Azad University, Tehran, Iran
Commerce and the gray market trade are formed when a company produces a product in addition to its parent company in several other countries. In other words, the market implies the distribution of branded products by unauthorized persons. The issue of gray markets is related to trade and import problems with respect to copyright and industrial rights. It is clear that gray markets have been created as a result of the use of industrial tax rights (as a branch of intellectual property rights), because the term gray markets relates to industrial property rights and, as a result, identifies specific principles and rights for industrial property owners such as Invention, industrial designs and trademarks. However, intellectual property rights can not be the only factor to prevent the import of unauthorized goods. In contrast to industrial property rights with gray markets, industrial property rights seem to have embraced the doctrine of deterioration and allowed the legality of gray markets. Of course, this doctrine varies from country to country, and some countries consider it legal and some are illegal. The need to protect industrial property rights requires that preventive measures be taken against gray markets that damage the basic principles of industrial property rights.
Keyword(s): International Trade,Industrial Property Rights,Intellectual Property Rights Decline,Gray Market
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