Document Type : Original Article
Authors
1
MA. Student in International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran.
2
MA. in Intellectual Property Law, Faculty of Law and Political Science, Allameh Tabataba'I University, Tehran, Iran.
3
Assistant Prof. Department of Private Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/aeclr.2024.455327.1143
Abstract
In recent times, as the significance of trademarks continues to grow, trademark infringement has also expanded. Therefore, the importance of protecting these marks is increasing more than ever before. A trademark can create an identity for its owner, thereby assisting consumers in selecting their desired goods and fostering loyalty and trust towards the brand. This, in turn, leads to economic profit and prosperity for the trademark owner, and at times, it even has significant effects on public health and safety. Counterfeiting or unauthorized use of a trademark results in the infringer benefiting from the expenses incurred by the trademark holder. Consequently, it is essential to ensure proper and precise enforcement guarantees for both the rights of the trademark holder and the rights of consumers in the legislation. Currently, the most significant law related to trademarks in the Iranian legal system is the Law on the Registration of Inventions, Industrial Designs, and Trademarks, enacted in 2007 (1386 in the Iranian calendar). In Japan, the primary law governing trademarks is the Trademark Law of 1959. Therefore, this article aims to examine the enforcement guarantees concerning trademark infringement by utilizing library data and employing a descriptive-analytical approach.
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