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Paper Information

Title: 

LEGAL INFRASTRUCTURES OF TRADEMARK PROTECTION AS AN INTELLECTUAL CAPITAL

Type: SPEECH
Author(s): HABIBA SAEID,ZARE MALIHEH
 
 
 
Name of Seminar: INTERNATIONAL CONFERENCE ON INTELLECTUAL
Type of Seminar:  CONFERENCE
Sponsor:  INSTITUTE FOR ADVANCED STUDIES IN BASIC SCIENCES (IASBS)
Date:  2009Volume 1
 
 
Abstract: 

This article is directed to a discussion of the legal issues related to the trademark right as an intellectual capital in Iran. Iranian entrepreneurs, traders and research and development companies have to get familiar with the laws and regulations about trademark registration, transition and enforcement measures, in order to establish a knowledge-based business. According to the article 30 of the Patent, Industrial Designs, Trademark Registration Act, November 2007, "Trademark can be any perceptible marking distinguishes goods or services of real or legal persons from similar ones." In addition, the trademark protection is properly secured only by registration (Art.31). Moreover, the protection granted by law to trademarks is valid for 10 years and can be renewed several times. Till the registration is valid, the mark owner has the exclusive right to conclude license or franchise agreements, as well as to sell his trademark ,all of which must be registered at the Industrial Property Office. Afterwards, as a company`s success in establishing a recognized trademark takes years and costs the owner a huge sum of money, the right holder has to be so careful in practicing his rights and duties, especially when a confusing similarly mark emerges in the market or he enters a new franchise contract. In these cases, if the company fails to exercise his rights in proper ways, it may lose its reputation and direct income. Thus, being aware of the given privileges of the Act, enforcing them on time and complying with laws and regulations is vital to help the value of one`s trademark survive.

 
Keyword(s): TRADEMARK, INTELLECTUAL CAPITAL, REGISTRATION, LICENSE AND FRANCHISE AGREEMENTS, INFRINGEMENT
 
 
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