A New IP Bylaw Effective in Iran
23-Mar-2009
TEHRAN – The Industrial Property Office (IPO) of Iran has introduced the procedural Bylaw related to the new Intellectual Property (IP) Law on March 10, 2009, which was published in the official gazette on April 20, 2008. Important effects of the new Law include:
• Industrial designs will be protected
• Trademarks are vulnerable to cancellation for non-use
• Trade names will be protected
• Late payment fee for trademark renewal introduced
• New opposition procedure
• No time limit for filing cancellation action against a registered trademark
• Better protection for IP owners to encounter infringers and counterfeiters
• Licensor must supervise license product for quality and standard in order for agreement to be valid
• New patent law
• Longer time limit (2 months) for filing petition before the court against IPO decisions
The official fee for all IP matters will increase substantially some by 100% and others by more than 100%. IIPO will introduce late payment fees that will take effect immediately after expiration date, also IIPO will require law firms and applicants to complete the payment procedure in a timely manner otherwise the said organization will cancel the pending IP work.
According to the new IP Law, renewal of a trademark is possible within one year prior to expiration date and six-month grace period is allowed after expiration date; however, trademark owner must pay the penalty.
In respect of industrial designs’ renewal, it is possible to take place six months prior to expiration date. Although a six-month grace period after expiration date is allowed, industrial design owner must pay the penalty.
Annuity payments can be paid two months prior to the anniversary date, although six month grace period is allowed, however patent owner must pay the penalty.
Foreign applicants will have only sixty days from filing of trademark, industrial design and/or patent application to complete their files although special extension of time may be obtained by the approval of IPO, however, this approval may not be granted.