Jurisprudential study of the conflict of laws arising from contractual and non-contractual obligations of patents

Basically, the occurrence of disputes and lawsuits in the courts is one of the inevitable issues in the current world, and patents are more faced with this problem due to its diversity and complexity. Legislators from different countries support inventors with the aim of economic development and expanding international relations. In this regard, several conventions have taken a big step towards the realization of a unified system in the field of intellectual property by enacting laws on intellectual property rights.

This research is theoretical and its research method is descriptive-analytical and the data collection method is library.

In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

Patent infringement, if it occurs under a contract or in a context other than the contract, causes the violator to be held liable.

In choosing the ruling law, the principle of free will is accepted by different legal systems and if the choice of law is not fulfilled by the parties to the dispute, the law of the country requesting protection in contractual obligations as well as in non-contractual obligations can be used as an international standard. To be accepted in patent claims. Judges of domestic courts can also rule in accordance with the rules of international conventions to which Iran has acceded.