Feasibility of Aligning Iran’s Intellectual Property Legal Regime with the Requirements of the TRIPS Agreement in Light of the 2024 Industrial Property Protection Act

Abstract

Using a descriptive-analytical method and a comparative approach, the present study examines the capacities and challenges of Iran’s legal system in the process of achieving compliance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). To this end, while analyzing the structure of intellectual property law in Iran, the provisions of the 2024 Industrial Property Protection Act are compared with the standards established under the TRIPS Agreement, and the degree of conformity between them is assessed in the areas of patents, trademarks, industrial designs, trade secrets, copyright, and enforcement mechanisms. The findings indicate that, compared with previous legislation, the 2024 Industrial Property Protection Act represents an important step toward bringing Iranian law closer to international standards. Nevertheless, significant deficiencies remain in the areas of copyright and related rights, protection of digital works, enforcement of intellectual property rights, border measures, and specialized remedies and sanctions. Moreover, Iran’s non-membership in the Berne Convention and the World Intellectual Property Organization (WIPO) Internet Treaties constitutes one of the major obstacles to achieving full compliance with the TRIPS Agreement. From an economic perspective, accession to the TRIPS Agreement may simultaneously enhance investment security and facilitate technology transfer, on the one hand, while increasing the costs of access to knowledge and technology, on the other. Consequently, Iran’s accession to the TRIPS Agreement can be development-oriented only if it is accompanied by gradual legal reforms, effective use of the flexibilities available under the Agreement, and strengthened institutional and enforcement infrastructure.