Infringement of Intellectual Property Law and Civil Liabilities

The infringement of Intellectual property law can have some effects on situations of ‎involving parties, especially has benefits for infringer and damages for holder, ‎assignees or licensees of Intellectual property right. Some of legal systems and lawyers ‎have interested in tort law for liabilities arising out of infringement and its economic ‎consequences. But we established that this institution won't cover all situations, ‎particularly when infringer takes benefits of his act of infringement and couldn't harm ‎to owner of right; in this area, the claim of restitution of benefits and unjust ‎enrichment is a good choice. Some people may doubt about culpability of infringing ‎act, but in this area, we also must distinct between liability and restitution. In addition ‎to profits that respondent has gained, it's possible that claimant bear damage or even ‎gain profit; the study of such matter is one of newest discussions in intellectual ‎property system of Iranian Law.