Details of the “Industrial Property Protection Plan” / Development of a plan with consideration of international model laws

According to the economic correspondent of Fars News Agency, the requirement for the growth and development of science, technology and industry in the country is adequate and optimal protection of industrial property rights, in this regard, one of the most important assets in the present and future is intellectual property.

The history of legal protection of the rights of inventors in our country dates back to 1310, the first law in this area was the Law on Registration of Trademarks and Inventions approved in 1310, in 2007 to update this important law of the Parliament during the pilot law “Patents, industrial designs and trademarks” Approved.

Its five-year probationary period ended on 11/28/1391 and its probationary period has been extended several times and is still ongoing. In the ninth parliament, in order to pass a permanent law in this area, a plan was submitted, which was approved by the Legal and Judicial Commission after detailed expert reviews, but due to the end of the ninth parliament, it was not possible to review it in public.

The resolution of the Judiciary Commission of the Ninth Parliament, which was a relatively comprehensive text, was re-announced in the 10th Parliament as a plan to protect industrial property and was approved by the Judiciary and Legal Commission, but was not given the opportunity to review it in the parliament. Received as an announcement plan. The Legal and Judicial Commission of the Eleventh Majlis, after a thorough and expert review of this plan in the presence of experts and stakeholders, approved this plan with precise and comprehensive amendments.

In the report of the Research Center of the Islamic Consultative Assembly, written by Mehdi Abdolmaleki, Director General of the Office of Legal Studies of the Research Center of the Islamic Consultative Assembly, the said resolution has been reviewed.

specialist’s idea

The Judiciary and Legal Commission has adopted a relatively comprehensive and precise text on the protection of industrial property. This text has been compiled with consideration of international model laws as well as the laws of some countries and while covering most of the gaps and problems of the current law, it contains many innovations. The most important innovations of the mentioned decree are as follows:

1. Develop clear rules and regulations for more accurate protection of inventions, industrial designs and trademarks, and design detailed segmentation and detailed discussion of topics in detail.

2. Designing methods to protect intellectual property in the field of genetic inventions and biotechnology while maintaining national reserves in the field of genetic resources.

3. Anticipate the necessary provisions for effective disclosure of the invention.

4. Identify some important instances that, in the public interest and national interest, need to be outside the scope of the legislature’s protection of instances of industrial property and have no precedent in current regulations.

5. Identify independent and comprehensive patent and regulatory stakeholders regarding these persons.

6. Regulating the substantive conditions of inventions “independently” and eliminating the shortcomings in the current regulations.

7. Drafting a regulation containing all the necessary details regarding the “description of the invention” (as the main basis for justifying the alleged invention) and eliminating the objections to the corresponding regulation in the current law.

8. Designing the “Commission for Dispute Resolution of Industrial Property Registration” to specialize in handling the objections of stakeholders in different parts of the process of registration of each instance of industrial property.

9. Predicting the validation system and evaluation of inventions by research method.

10. Comprehensive attention to the material and intellectual rights of the inventor and the separation of the material and intellectual aspects of patent rights from each other (and, consequently, other examples of industrial property)

11. Identify instances of patent decline in a regular classification.

12. Develop a circle of support for other examples of industrial property, including consumer goods, trade secrets, and unfair competition.

13. Predicting the electronic system for registering and publishing patent applications in order to facilitate patents and reduce registration costs.

14. Obliging the registration authority to train, empower and qualify and issue licenses to specialized agencies for registration of issues related to industrial property.

15. Predicting the necessary provisions for training and employing efficient and specialized human resources to review the substantive conditions of the invention in the registration authority.

16. Effective protection of defense inventions.

17. Electronicization of all processes and advertisements related to the registration of instances of industrial property.

18. Predicting comprehensive regulations regarding cases of forced exploitation of inventions while preserving the rights of the inventor.

19. Effective protection of trademarks and trade letters and elimination of gaps in the current law.

20. Predicting up-to-date and relevant criminal property regulations in industrial property crimes.

21. Establishment of a working group to support and prevent commercialization of inventions.

22. Determining the assignment of the location of the registration reference [در حال حاضر همچنان در قوه قضائیه باقی بماند] To get out of the current situation, end disputes and legalize the country in the field of industrial property until the necessary infrastructure to form a national intellectual property organization to implement the comprehensive scientific plan of the country, compliance with international procedures, avoid duplication and duplication and Provide transparency between the decision-making body and the executor.

Conclusion

Considering the comprehensiveness and efficiency of the decision of the Judicial and Legal Commission in protecting industrial property and eliminating many gaps and problems of the current law, the approval of the generalities and details of this text is exactly proposed.

. Considering the legal gap that exists in the country regarding the national registration and protection of microorganisms and plant and animal species of natural and native (unauthorized), it is suggested that this important gap be filled by referring to the Commission.

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