Volume 16, Issue 1 (2012)
CLR 2012, 16(1): 25-47 |
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Habiba* S H, Hanifi N. Comparative Study of Definition and Registration Criteria of Industrial Designs According to 1386/2007 Act. CLR 2012; 16 (1) :25-47
URL: http://clr.modares.ac.ir/article-20-10835-en.html
URL: http://clr.modares.ac.ir/article-20-10835-en.html
1- 1-Associate Professor, Faculty of Law & Political Science, University of Tehran, Tehran, Iran
2- 2-M.A. in Intellectual Property Law, University of Tehran, Tehran, Iran
2- 2-M.A. in Intellectual Property Law, University of Tehran, Tehran, Iran
Abstract: (5532 Views)
After many years of regulatory gap in protection of industrial design, the act dated 1386/2007 did not manage to provide an exhaustive definition of industrial design. On the other hand, the registration and appraisal criteria of industrial design were too vague that the executive ordinance to trespass the territory of the regulatory power to, by adding some new laws, decrease the related legal challenges. In this article, after giving a complete definition of industrial design; by critical analysis of the above-mention act, some suggestions are provided in order to decrease the act's deficiencies, including: simultaneous adoption of both novelty and originality in registration of designs, amending the act by adding a suitable definition of originality in the act, and amending the definition of novelty.
Received: 2012/05/6 | Accepted: 2012/06/9 | Published: 2013/03/17
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