Liability of Criminal Due to the Violation of Industrial Property Rights in the Iranian Legal System

Industrial property rights play an important role in the economic growth and prosperity by encouraging innovation, and developing countries such as Iran can contribute to the growth and development of industry and trade and increase production and employment by regulating and enacting effective laws and regulations. It is clear that the mere existence of appropriate laws and regulations without their proper implementation in courts may not be useful. Intellectuals do not justify the protection of intellectual property based on Islamic rules and systems, but because of the fundamental role of protection of intellectual property rights in raising the index of scientific, social, economic and industrial development of societies, recognizing the rights of creators of intellectual property and protecting them. At the global level, both domestically and in the field of jurisprudence, it has been accepted and its area of application and concept is gradually expanding . However, based on the above, it can be argued with a little tolerance that today the protection of the rights of intellectual property creators is accepted as an indisputable principle, but Advocacy is a source of controversy among legal thinkers, and among these disputes is the debate over the necessity or non-necessity of intellectual protection and, if necessary, criminal protection .In this article, after examining the concept of industrial property and its types, we will examine the guarantee of criminal enforcement due to the violation of industrial property rights in the Iranian legal system and international conventions, the Paris Convention and the Law of Accession of the Islamic Republic of Iran to the Convention establishing the World Intellectual Property Organization. We will see what guarantee of criminal enforcement is based on the protection of industrial property.