Private Law
JAFAR NEZAMOLMOLKI
Abstract
Creation of Exceptional Courts for Proceedings Industrial Property Law Claims and Complaints has some advantages and in contrast some disadvantages. Unjustifiable high costs, grounding for abuse and misconduct, undermining the generalism view point of judges, difficulty of public access to these courts ...
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Creation of Exceptional Courts for Proceedings Industrial Property Law Claims and Complaints has some advantages and in contrast some disadvantages. Unjustifiable high costs, grounding for abuse and misconduct, undermining the generalism view point of judges, difficulty of public access to these courts and debilitating the independence of the court are the most important disadvantages that have been raised for exceptional courts in industrial property cases. In contrast creating and maintaining a specific integrated and coherent procedure in doctrine and judicial procedure, promoting and improving the status of protection of industrial property rights, improving and accelerating the process of reviewing and issuing awards in this area, reducing costs related to litigation in judicial authorities, The dynamics of judiciary system of a country in the field of scientific and practical developments in industrial property and improving the protection of business are the most important benefits of this type of courts. This article has been written based on descriptive and analytic method for study of assessment and feasibility of desirability of industrial property exceptional courts with attention to aforementioned advantages and disadvantages. The results of this study show that exceptional courts in each of its forms are not efficient for all countries and in countries such as Iran, due to the status of industrial property, the numbers of related claims and complaints and the structure and organization of courts and method of their proceeding aren’t justifiable. At present, in Iranian law, the model adopted in Articles 8 and 9 of the Commercial Procedure Bill in relation to the establishment of commercial courts in all provincial capitals (Article 8), which some of them are dedicated to intellectual property (Article 9), subject to expansion the jurisdiction of these courts to industrial property crimes is a desirable model.
