The Evaluation of Enforcement of Intellectual Property Rights from the Point of View of a Sharia Perspective, with the Case Study of the Iranian Intellectual Property Rights
In recent years, the Iranian government has tried to develop its national IP law in order to engage with the international IP system, prepare for membership of the WTO and fulfil its obligations under the TRIPs Agreement.
However, taking into account that the enforcement of any law is an important part of any regulation which should come about in the society, and get accepted by the people, the question thus arises is, how much is the international IP law consistent with Islamic law? Is this important in relation to the Islamic Countries? Hence, in order to answer these questions, in section one, the historical background of IP law in the Islamic jurisprudence along with the different point of views of the Islamic scholars regarding the subject will be presented.
In section two, a case study of the Islamic Republic of Iran intellectual property law an Islamic Country will be reviewed. This case study will show how the Islamic countries developed their intellectual property laws and consequently prepared their national IP system for enforcing the TRIPS Agreement provisions.
In further section, this paper describes in detail how enforcement of intellectual property rights should be handled, including rules for obtaining evidence, provisional measures, injunctions, damages and other penalties in international and national level of Iran. It covers the need to have a strong judicial system for dealing with both civil and criminal offenses. Government should make sure that intellectual property rights owners can receive the assistance of customs authorities to prevent imports of counterfeit and pirated goods. Further, Iran sees technology transfer as part of the arrangement in which they have agreed to protect intellectual property rights. The intellectual property rights of Iran include a number of provisions on this. For example, it requires government to provide incentives for their companies to transfer technology to Iran.
This paper deals with international and domestic procedures and remedies for the enforcement of intellectual property rights. Intellectual property rights of Iran contain provisions on civil and administrative procedures and remedies, provisional measures, special requirements related to border measures and criminal procedures, which specify, in a certain amount of detail, the procedures and remedies that must be available so that right holders can effectively enforce their rights.