اقدامات تاميني و ضمانت اجراي مدني حقوق مالكيت صنعتي ؛ مطالعه تطبيقي

PRECAUTIONARY MEASURES AND CIVIL REMEDIES OF INDUSTRIAL PROPERTY RIGHTS; A COMPARATIVE STUDY

Legal protection of industrial property rights is constituted as an important indicator for the development of societies. To enter into the sphere of law, there should be a legal sanction to protect the right against infringement which is also the case in the law of industrial property. Regarding the main legal sanctions as a whole and the industrial property rights in particular, one can mention to the civil sanctions (commitment to compensation) and precautionary measures or interim measures which could be categorized as interim and precautionary measures before, while and after infringement of the right. Each of these sanctions may specifically protect the right against the infringement. This article deals with the above - mentioned sanctions in Iranian legal law comparing with some developed countries in this field such as France and Great Britain. On the other hand, regarding the acceptance of Iran as an associate member of world trade organization (WTO) and the need to accede to the trade related aspects of intellectual property rights (TRIPS), the arrangements of this agreement and Paris convention have also been considered