Legal Standing to Sue under the Iran’s “Industrial Property Protection Act of 2024”

Seyedin, Ali; Karchani, Mahdi

doi:10.22106/jlj.2025.2039400.6025

Legal Standing to Sue under the Iran’s “Industrial Property Protection Act of 2024”

Document Type : Research/Original/Regular Article

Authors

Ali Seyedin ¹

Mahdi Karchani ²

¹ MA in IP Law - Shahid Behehshti University, Tehran, Iran

² Phd Student in International Trade and Investment Law, Shahid Beheshti University, Tehran, Iran.

10.22106/jlj.2025.2039400.6025

Abstract

Recognizing industrial properties as exclusive rights entails depriving the public of the free use of knowledge or creativity related to the subject-matter of such rights. The establishment of exclusive rights may have, real or potential, impact on the interests of other members of society, including rivals of the right holders and consumers. Therefore, legislators, in line with the general rules of procedure, determine how to invoke industrial property rights against third parties and how the public can monitor the validity of these rights by taking into account the development needs of the country, being a producer or consumer of technology and so on. Identifying the persons who can challenge the validity of industrial property rights or, in the event of infringement, can assert these rights against alleged infringers is not merely a procedural matter; rather, this issue impacts the achievement of the goals of the IP systems and defines the scope of the rights of IP holders. This article, using an analytical-descriptive method, analyzes the approach of the legislator in the newly enacted law on the protection of industrial property (2024) in three sections. Based on this study, the approach of the Iranian legislator, compared to the Act on Registration of Inventions, Industrial Designs, and Trademarks of 2007, has generally been more ambiguous and is not plausible.

Keywords

Infringement

Standing

Patent

Industrial Design

Utility Model

Trade Secret

Trademark

Subjects