Tehran, Tehran, Iran
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Judgment Scientific Quarterly
The "Commission for the Adjudication of Industrial Property Disputes," established under Article 23 of the Industrial Property Protection Act 2024, is considered an innovation of this law, formed with the aim of fundamentally transforming the resolution of disputes related to industrial property registration in Iran. This specialized tribunal seeks to enhance efficiency and speed in adjudicating objections related to the registration of patents, industrial designs, trademarks, and other industrial property rights, while ensuring fair trial standards and transparency. This article analyzes the legislative history, structure, composition, procedural norms, and jurisdictions of the Commission, addressing key challenges such as institutional independence, conflicts of interest, the establishment of multiple branches, and legal gaps. To provide a deeper understanding of the role of the "administrative court in Iran's industrial property system," previous laws and regulations have been analyzed as needed, with references, where possible, to corresponding administrative tribunals in the United States in terms of structure, composition, and jurisdiction. The findings indicate that insufficient independence, lack of mechanisms for ensuring uniformity of practice, and significant ambiguities regarding the Commission's jurisdiction and procedural rules are major obstacles to its effectiveness and efficiency, which are analyzed in this paper. Finally, recommendations such as drafting clear rules for the appointment and removal of members, ensuring institutional independence, and establishing a supreme council for uniformity of practice are proposed to transform this tribunal into an efficient and leading model within Iran's administrative court system.
Private Law Research
While legal scholars may find it straightforward to determine the permissibility of protecting colors as trademarks based on existing laws and regulations, from an economic perspective, this matter is subject to significant uncertainties. This study investigates the efficiency or inefficiency of protecting colors as trademarks from the perspective of the economic analysis of law. The "lack of distinctiveness", "depletion," and "functionality" of colors are identified as key obstacles and challenges to their protection as trademarks, with their economic rationale grounded in safeguarding free market competition...