جستجوی مقالات مرتبط با کلیدواژه "علائم تجاری" در نشریات گروه "فقه و حقوق"

The awarding of damages as compensation for trademark infringement has increasingly gained importance in the modernized economies of the world. The calculation and assessment of damages resulting from trademark rights violations have always posed a challenge for both judicial courts and official experts, as well as for the owners of these rights in proving the causal link between the infringing act and the incurred damage. For this reason, some countries' laws have introduced the concept of nominal or statutory damages alongside actual damages. Generally, the benefit that the infringer gains from violating trademark rights exceeds the damage suffered by the rights holder. Consequently, in England, the trademark owner has the option to choose between receiving actual damages and the infringer's profits. However, with the increase in trademark infringements and the growth of counterfeit goods, courts in the United States have recognized that awarding punitive damages may serve as a necessary deterrent to protect the interests of trademark owners.

Functional dimensions and technical aspects of products are only protectable through the patent system. Therefore, other branches of intellectual property law -trademark law, industrial design law, literary and artistic property law (copyright)- cover only the non-functional features of products. This distinguishing feature is described as "Non-functional requirement". It seems that this requirement is intended to separate the scope of patent system from other branches of intellectual property law and promote efficient competition in the market. Despite the apparent similarity of all three systems concerning the non-functional requirement, the important issue is whether or not the concept and test of therequirement can be interpreted the same in all three systems, namely trademark, industrial design and copyright? Since this article, examining the non-functional requirement in all three aforementioned systems, finally with a comparative study of the issue in severalcountries conclude that according to the theoretical basis of such requirement in all above systems and their nature, the non-functional requirement has a wider scope in trademark law; for this reason, it is not possible to provide a uniform test for its determination in all three systems. At the end, based on the results of the issue in different countries, suitable legal solutions for all three systems, regarding legislating or applying appropriate criteria todetermine the requirement, has been presented in Iran's law.

The purpose of this article is to examine the laws governing the trademarks and trade secrets of start-ups and the consequences of their violation in Iranian law. 

This paper is descriptive and analytical using library method.

Ethical Considerations:

 In this paper, the originality of the text, honesty, and trustworthiness are respected.

the laws governing trademarks and trade secrets of startups include legal and criminal laws, and the consequences of violating them include civil guarantees including compensation for damages and criminal guarantees including fines, and in cases such as forgery, imprisonment. The important point is that the lack of any explicit protection of trademarks and trade secrets of start-ups should be noted in Iranian law. Despite the fact that trade secrets are one of the most important sub-branches of industrial property and its support is necessary in order to create a healthy competitive environment that leads to the development of start-ups, but the laws related to industrial property have neglected this important matter and have not made any reference to this matter.

Despite the fact that trade secrets are one of the most important sub-branches of industrial property and its support is necessary in order to create a healthy competitive environment that leads to the development of startups, but the laws related to industrial property have neglected this important matter and have not made any reference to this matter. In order to protect trademarks and trade secrets as important aspects of industrial property rights, it is necessary to establish more efficient and precise laws that are not ambiguous.

Industrial property rights are important issues that play an important role in the technological and industrial development of countries. Criminal guarantee for the protection of this type of intellectual property rights and its examples such as trade secrets and trademarks have received less attention and investigation. The purpose of this article is to investigate the criminal guarantee for breach of trade secrets and trademarks from the perspective of jurisprudence and Iranian law and French law. This article is descriptive and analytical, and it has investigated the mentioned subject by using the library method. The findings indicate that in French law, the punishment of imprisonment and fine is determined as a criminal sanction for the violation of trade secrets and trademarks. In Iranian law, unlike French law, there is no criminal protection of trade secrets and there are no comprehensive laws in this regard. Trade secrets are not mentioned in any of the articles of the patent law, and only the law of electronic commerce and the law of computer crimes and the law of publishing and free access to information have implicitly and limitedly mentioned and supported this right. Violation of the confidentiality of trade secrets is mentioned in the laws of Iran in scattered laws and in a vague and incomplete manner. Another point is that the French law for the violation of trade secrets and trademarks has determined a monetary penalty of up to one million francs, which is in line with decriminalization and reducing the motivation of industrial property crimes, which are mainly financial, because the economic benefit of committing the crime is largely eliminated.

In every legal system, the principles governing them are very important. The tool for interpreting the gaps in the legal system in cases of conflict, conflict, silence and summary is to resort to basic principles and rules. The purpose of the present research is to examine the foundations of trademark protection in Imami jurisprudence.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles. 

Consumers rely on trademarks to find a product that they are satisfied with or that is known for its quality and the role of the trademark is that it enables the customer to repeat his shopping experience without having to search expensively.

Ethical Considerations: 

In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

it can be said that the trademark plays a vital role in determining the type of product that the consumer community chooses. Examining the theory of social planning as the main basis of intellectual property shows that the support of these signs is fully accepted in Shia jurisprudence.

The expansion of the global Internet and international trade, the joining of many companies and owners of goods and services to this global network for buying and selling goods and services has frequently increased the importance of intellectual property rights. The use of domain-name by commercial companies is one of the most important elements to make themselves, products, inventions and services identified in the development of e-commerce and conducting commercial activities through the Internet. At the present time, the franchise of the domain-name holder after its registration on the Internet addresses shows the importance of protecting the holders of rights of the domain owners and resolving disputes caused by the violation of this right. In the case of international disputes related to domain-names, the most important method is the Uniform Domain-Name Dispute-Resolution Policy, i.e. (resolving disputes by arbitration). Currently, domain registration is done solely on the basis of the preemptive right, and sometimes the problem arises from selecting the domain-name that interferes with trademarks; In fact, the selected domain-name has already been registered as a trademark of a merchant or trade company. Now the authors are trying to study and clarify the issue according to the current procedures and laws and regulations.

Video games are one of the modern embodiments of entertainment that their legal protection is usually carried out through means of copyright; this course of action however, cannot be considered flawless as it includes shortcomings that emanate from the very nature of this form of protection; as a result, defining a pervasive frame of protection for these intellectual phenomena must be sought through means of industrial property protection, including patents, industrial designs and trademark. In this work, by resorting to comparative analysis of United States and Iran’s legal systems, we concluded that, as opposed to current methods, effective protection of video games needs thorough exploitation of legal capacities in both branches of intellectual property law. Moreover, reserving some technical parts of video games as trade secrets is another possibility that can be very effective, provided that the exploitation of the game is not against confidentiality of those parts.

Given the importance of protecting industrial property rights in prosperity, progress and development of the country, and the repeated emphasis of the supreme leader on the realization of resistance economy policies and the economic warfare of the enemy, and the intensification of the pressure and sanctions of the enemies against Iran over the years, it is important to examine the realization strategies of these policies in different areas. This article attempts to examine the role of protecting industrial property rights in realizing the resistance economy by analytical-descriptive method and in the library form and study of the relevant laws. Finally, it has come to the conclusion that the realization of resistance economy can be somehow achieved in each of the examples of industrial property rights, given the internal situation in the country. There are some shortcomings in this regard that the lack of anticipation of supporting utility model is obvious. At the same time, supporting a utility model and Iran's membership in the TRIPS Agreement, if other terms of membership of the world trade organization are provided and the sanctioning of the sanctions imposed, is proposed as a solution.

The exhaustion doctrine is significantly effective in the domain of free trade and competition in markets. Among intellectual property rights are trademarks rights which, more than other branches of such rights, relate to market and trade. The Patents, Industrial Designs, and Trademarks Registration Act of 2007 refers to the exhaustion doctrine in the domain of trademarks. The exclusive rights established by the trademarks rights do benefit both the producer and the consumer. The converge of these rights, i.e. the rights of consumers and producers, makes it impossible to exhaust trademarks rights at all times because confusion and incorrect perception on the part of consumers can be an obstacle.

Nowadays, sport is known as a great business in trade activities and has brought huge revenues for athletes; sport teams and other sport personalities whereas large part of this revenue emanates from intellectual property rights particularly different kinds of trademarks. Regarding fundamental principles and legal approaches of leading systems, this paper attempts to clarify the eminent role of license agreement on marketing of sport trademarks and analyze particular aspects of its function, subject, domain and parties obligations. Also current article considers two important issues in sport trademark license agreements: the first marketing conflict and the other conflict between individual rights of athletes and collective rights of sports clubs and associations. The results of research notify that general and vague approaches of Iranian laws and legal literature in respect of trademark license agreements and The lack of minimum standards concerning important legal aspects of sport law, haven’t required efficiency in solving special problems of such agreement in sport sphere and basic regulating of trade sport license agreement requires taking appropriate measures and solutions of other legal systems.

Trademarks describe the goods or services that its owners are using sign to distinct their goods or services from competitor’s goods or services. These symptoms are so far mainly includes a range of traditional symptoms such as visual symptoms. But in the two past decades, smell trademarks also stepped into the sphere.
Smell trademarks are too strong indicator of origin. This feature in these symptoms has led to manufacturers due to the use of these distinctive signs for making their goods or services of competitors. But the lack of support from these symptoms is a way to abuse the competitors openly. Hence the legal protection from these symptoms has justified. But this is a problem with the registration of marks is facing in two scope of conditions and forms, and this is opposition emerging from this legal protection new trademarks.
At the same time to support the smell trademarks are two options; 1) counterfeiting new terms and form or 2) redefining and maching the characteristics of smell trademarks on the conditions of the traditional symptoms. Hence, in this essay to be tried smell trademarks are protectable in the legal system mainly relying on the second option.

In business format franchising agreements, Franchisee, while dependent to other party of the contract (Franchisor), follows the method of business belonging to Franchisor. Franchisee use of the system leads to many obligations such as payment of franchise fees, secrecy of Know how, non competition and making available all necessary factors to use the system. Irrespective of the Law which governs the contract, franchisor always focuses on laws governing franchise agreement in hosting country. Because of different laws affecting the franchise contract and particular nature of some contractual terms pertaining to Franchisee obligations, in some cases contract clauses related to Franchisee obligations are in contradiction with local laws of Franchisee country. This conflict can amount to either invalidity of the contractual term or posing a limitation on its way of performance.

Beside the material properties that transactional and materials values have, today, there is a group of properties which are either the result of mental activities of human beings or symbolize a particular profession or specialty with a field of business and industrial application, and therefore have a material and intellectual value. This is called intellectual property and that is why supporting the proprietor of these properties is one of the important issues in the different legal systems including in Iran. The present article deals with the analysis of criminal support for a group of these proprietor, i.e. trade mark of merchandise and service. To this end, a general and brief account is offered on the definition of concepts relating to the trade mark and familiarity with national and international rules and regulations that govern it while the need for criminal support of the trade mark is examined and its legal status is explained in the criminal system of Iran. A historical study of the criminal developments and penal supports for the holder of the rights of trade mark is also provided.