Today, science plays an essential role in the economy and sustainable development. Governments have to create a good environment where creators of intellectual works can work reliably, and benefit from their intellectual production outcomes, to produce and develop as much knowledge as possible. Their support should not be limited in such a way as to limit the space for scientific growth, since progress in science is always based on the use of the works of previous creators. This universality can be traced in the form of intellectual property rights and societies, especially in this era, are characterized by the broadness of science, knowledge and art. Certainly, each country will develop and implement regulations in order to stay away from the protection of science and art and, consequently, scientists and artists. What is considered in this area is the comprehensive support provided by the international community in the form of various agreements and in this area of the so-called "tryps" agreement. The importance of this agreement is not limited to confrontations, imperfections and overlapping with national law. The existence of internal deficiencies and deficiencies in this field increasingly requires the addition of this agreement. This article seeks to analyze the legal effects of joining this agreement in the Iranian legal system. Revision, modification and completion of internal laws and regulations of the works that are annexed thereto.

After Iran's application for accession to the World Trade Organization was submitted to the WTO Secretariat on 19 July 1996 and accepted by consensus on 26 May 2005, Iran actually entered into the process of accession, the successful completion of which requires taking a number of measures, one of which is to comply with the WTO rules and regulations in terms of, inter alia, intellectual property rights. This compliance requires that the acceding country explores the discrepancies and lacunae in its legislation on the one hand and remove them on the other. This article embarks on the former in respect of copyright and related rights.

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is the most comprehensive international document on intellectual property embracing almost all subjects of the field equipped with a strong enforcement mechanism. Since one of the goals of this Agreement is to fill the gaps of the Berne Convention, the protection of computer softwares rights has been considered. Accession to TRIPS is mandatory for all WTO member States and since Iran is in the course of following the process it must accept the rules and regulations of TRIPS on computer software creators' rights even if it does not access to Berne Convention. In this article, we have tried to survey the position of softwares in TRIPS Agreement and Iranian Law, differences between them and the effects of Iran's accession to this Agreement      

Intellectual property rights refer to a set of rules and regulations that protect intellectual creation in a specific framework. The author, for the material and spiritual exploitation of the work has created, and concluded various contracts that violate each of the parties to the contract, may harm the material or moral rights of the originator. There may also be violations of the rights of the originator by third parties and in an out-of-contract area, under which the material and moral rights of the author are subject to a breach. There are some questions about whether there is sufficient guarantee in Iran's laws of the country? Are there appropriate solutions to the TRIPS agreement? According to Iranian law, the damage caused by a violation of intellectual property, such as the Trips Agreement, will be materially and morally indispensable, with the difference that the Trips Agreement in the field of compensation, rules and standards, including the standard royalty And fair compensation, in which the copyright is correctly recognized, however in Iran's laws it is merely incontestable to the terms of compensation and is not stated in the terms and conditions of the article, Temporary and precautionary issues are also subject to shortcomings, including lack of clarity and similar goods are disposed of.

Infringement of registered trademark rights has been criminalized in articles 40 and 61 of Iranian Trademarks, Industrial Designs and Patents Act 1386, articles 525 and 529 and 530 of fifth part of Islamic Penal Act 1375 and also articles 66 and 76 of Iranian Electronic Trade Act 1382. Based on this article’ s results, the Legol element of crime in aforesaid criminal regulations is dispersed, inconsistent and has some problems. Lack of independent criminalization for different methods of committing crimes against registered trademark, especially in cyber space, is the important deficiency of the related regulations. Iranian legislator has used ambiguous phrases about criminal result in Iranian Trademarks, Industrial Designs and Patents Act. Ultimately the amount and severity of legislated punishment for these crimes are not in balance with destructive effects of them.

Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is considered as the most complete document on intellectual property rights because it constitutes different aspects of IPRs such as copyrights, related rights, goods and service trademarks, geographical indications, industrial designs, patent and alike Also, it provides different sanctions of IPR protection.For accession to TRIPs, Iran is required to conform its domestic laws on IP to this Agreement. Naturally, this accession would give rise to some rights and commitments for that country. The present article, tries to consider copyrights and related rights in TRIPs and Iran accession to it.

In recent years, it has become common to invoke national security as a basis for non-enforcement of intellectual property and actions inconsistent with WTO rules. The United States has on several occasions used this as a basis for implementing measures that are inconsistent with WTO rules. Among these measures are the restrictions imposed on imports from the European Union and broader restrictions on steel imports from China to control China's economic rise. The last case citing the security conditions for not protecting the intellectual property rights of foreigners is the action of the Russian government after the attack on Ukraine, citing emergency conditions under Article 73 of the TRIPS Agreement. The question that is tried to be answered in this article is under what conditions WTO member countries can use Article 73 of the TRIPS agreement under the title of security exceptions as a legal basis to ignore the rights of intellectual property owners? In the WTO jurisprudence, two decisions of the World Trade Organization Dispute Settlement Body have addressed the challenges related to actions inconsistent with the rules of the World Trade Organization citing national security. This article, based on the descriptive-analytical study, concludes that according to the procedure of the Dispute Settlement Body of the World Trade Organization, the application of provisions related to security exceptions must be done in good faith, and as a result, in cases where the lack of government itself creates emergencies due to lack of good faith cannot be documented as a lack of protection of intellectual property rights.

In the international system, trademark protection and confronting its infringement is based on territorial principle of these rights. It means that the country in which the rights have been created and registered, determines the scope of protection. Therefore, trademark right is protected in that territory and beyond this there is no protection. According to this principle, trademark infringement does not come true outside the country where it has been registered. Thus, at the international level it is not possible to protect trademark. For international protection of trademarks, Paris Convention, Madrid Agreement and its protocol and TRIPS Agreement and Rome2 regulations have accepted the territorial principle and for international protection have provided the national treatment principle in member states in order to aid international registration of marks and to expand the territorial principle to extraterritorial protection. Iranian Patent, Trademarks and Industrial Design Act accepts this principle and tries to comply with it and apply Paris Convention and Madrid Agreement in Iranian law toward international protection of trademarks.

Over the past two decades, the role of intellectual property rights in all areas of science and technology has exploded globally-primarily due to the rules prescribed by the World Trade Organization’s TRIPS and by bilateral/regional trade agreements. The TRIPS agreement obligates all WTO member countries to adopt and enforce minimum standards of intellectual property rights. The TRIPS agreement requires member countries to make patents available for inventions, whether products or processes, in all fields of technology without discrimination, subject to the standard patent criteria (novelty, inventiveness and industrial applicability).During the negotiations on the TRIPS agreement, consensus was not reached on the controversial area of biotechnological inventions. The US and some other developed countries pushed for no exclusions to patentability, while some developing country members preferred to exclude all biological diversity-related inventions from IP laws. For many developing countries the patenting of life forms and exclusive monopoly protection on biological products and processes that originate in developing countries (or that are based on traditional knowledge) continues to be controversial. The major genetic resources are in the southern states and so, many companies are seeking to access to genes, microbes, plants, animals and even native human populations to seize them as a monopoly product. Critics call the establishment of intellectual property rights to these resources for the industrial countries biopiracy and know the obligation of developing nations to pay royalties to wealthy industrial countries for the products that obtained from their own genetic resources and traditional knowledge “biological colonialism”.Pharmaceutical industries are the biggest thieves of genetic and natural resources at the international level. This is the third world countries' responsibility while preserving their vital resources and reserves, ensure optimal use of these natural blessings.