The new Iran "Patent, Industrial Designs and Trademarks" law effect on 10th March 2009, 15 days from publication of the Regulations on 23rd February 2009. By way of background, Iran is a signatory to the International Convention for the Protection of Industrial Property (Paris Convention) and the Madrid Agreement and Protocol.
The new law is seen to complement and support Iran's progress in the areas of science, mechanics, engineering and nanotechnology. This new law aims to create a balance between monopoly of rights resulting from innovations in the fields of science and traditional knowledge and protection of public interest against excessive intellectual property protection, whilst at the same time harmonizing itself with international agreements on intellectual property rights.
Amongst others, this new law introduces provisions for substantive examination of patent applications, protection for industrial designs, amending the trade mark regime and introduces stiffer criminal penalties for infringement of intellectual property rights. Examples of such penalties are fines ranging from US$1,000 (10,000,000 Iranian Rials) to US$5,000 (50,000,000 Iranian Rials).
In weighing out public interest factors, the new law does not grant protection for knowledge of diagnosis, treatment of human and animal illnesses and genetic resources which do not come under the definition of "inventions".
Trademarks
The new law introduces a definition for collective marks and provides for registration of these in Iran. The opposition procedure has also been changed where any interested party can oppose a mark by filing a protest with the Iran Intellectual Property Office (IIPO) or file a petition with the court for cancellation of a registered trade mark. Previously cancellation proceedings must be brought within three years from the registration date but this time limit is no longer applicable. In cases where the parties wish to appeal the IIPO's decision in respect of opposition proceedings, the time limit for filing the appeal in court has been increased from 10 days to two months.
Other changes to the trademark regime include provisions for cancelling a trademark on the grounds of non-use and payment of late renewal fees for trademarks where there is now a surcharge for surcharge for late renewal of trademarks where before there was no surcharge payable.
Industrial designs
Previously, the law was silent on the protection of industrial designs but the new law now provides for the registration and maintenance of industrial designs for a period of five years and renewable for two further periods of five years.
Provisions dealing with the definition, use and cancellation of industrial designs have also been introduced.
Patents
As regards patents, under the old provisions, absolute novelty was required where disclosure of the subject matter of the patent to the public before the filing or priority date would destroy the novelty requirement for grant of patent.
Under the new provisions however, this has been changed to relative novelty where disclosure of the subject matter of the patent is sufficient. In such a case, disclosure of the subject matter of patent without knowledge or consent of the inventor will not destroy the novelty requirement for grant of patent if it occurred less than six months before the filing or priority date.
The new law also introduces provisions for substantive examination of patent applications where under the old law, the IIPO only examined applications that have not been registered in other jurisdictions.
A change to the administrative feature of the patent regime is where there will be a surcharge on late payment of the patent annuity fees during the grace period of six months when before such a surcharge was only payable for the last three months of this grace period.