Identifying the competent judicial authority in dealing with the violation of the rights of the commercial patent holders with an emphasis on judicial procedure

Rightly identifying the competence of the judicial authority is an important step towards the reduction of the cost and increasing the speed in the process of dealing with the crime. The competence of the court in dealing with the of violation of the rights of the commercial and industrial plan patent holders is one of the issues that has challenged the judicial system on the course of attaining one’s right. Confronting legal inferences in the issue of competence and issuing different judgements in the judicial procedure affect the rights of the beneficiary in this regard. In this article, the theories presented about the competence of the authority dealing with this crime have been studied in a descriptive-analytical way as well as using the judgments issued in the judicial procedure. The difference in the competence of the prosecutor's office and the court in conducting the preliminary investigations on the one hand, and the competent place to conduct these investigations on the other hand causes the increase of ambiguities in the competence of dealing with the said crime. Finally, by weighing the strengths and weaknesses of each theory, the superior view of the necessity of the intervention of the prosecutor's office in the matter of prosecution and the competence of the Tehran prosecutor's office as a specialized authority is mentioned. Also, in order to prevent diversity of judgments, necessary suggestions are made to create a single procedure in the judicial system.