Volume 16, Issue 1 (2012)
CLR 2012, 16(1): 1-25 |
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Johari1 M, Sadeghi2 * M, Shahbazinia M, Mohajeri A. Provisional Measures in the Industrial Property Rights Actions: CoTRIPs Agreementmparative Study of Iranian Law and the. CLR 2012; 16 (1) :1-25
URL: http://clr.modares.ac.ir/article-20-10982-en.html
URL: http://clr.modares.ac.ir/article-20-10982-en.html
1- 1. Ph.D., Student, Department of Law, Tarbiat Modares University, Tehran, Iran
2- 2. Associate Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
3- Assistant Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
4- 4. Assistant Professor, Department of Law, Damghan Islamic Azad University, Damghan, Iran
2- 2. Associate Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
3- Assistant Professor, Department of Law, Tarbiat Modares University, Tehran, Iran
4- 4. Assistant Professor, Department of Law, Damghan Islamic Azad University, Damghan, Iran
Abstract: (6694 Views)
Provisional measures such as injunction, securing evidence, freezing injunction and suspension of releas are among the most important legal measures adopted in fair and equitable proceedings related to the intellectual property rights, which have been considered in the third chapter of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) .
In the Iranian legal system, this subject is more or less given attention. This study, however, reveals that the new law not only did not put us in a better situation in comparison with the previous law, but also created imperfections and ambiguities that didn’t exist in the previous law. The executive regulations of the new law, sporadically and in a disorderly way have adopted some of the provisions of the previous regulations as part of efforts to remove the existing imperfections and flaws. Actually, it has exceeded the legal limits in some cases.
In this research, the author draws a comparison between the new law and the TRIPs Agreement while challenging the new law and its executive regulations. Finally, it sets forth some proposals for amending the existing law.
Keywords: Sanction, Industrial property rights action, Security and provisional measures, Border measures, TRIPs Agreement
Received: 2012/05/5 | Accepted: 2012/06/20 | Published: 2013/03/17
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