Patent protection in the laws of Iran and the emphasis of European Union on the trips agreement

Abstract

The patent right and the inventor’s exploitation of his own thought and initiative represent a financial right which can be traded. However, as this right is immaterial and intangible, ownership cannot be claimed merely by possessing it physically. Instead, the rightful owner should be the first individual who achieved it through hard work and effort, enabling them to benefit from it exclusively and prevent imitators from utilizing the inventor’s efforts freely and without exertion. Registering a patent in the inventor’s name becomes crucial as it serves as proof that the holder is the original person who successfully conceived the invention, establishing their rightful ownership. Therefore, patents and other intangible assets play a vital role in establishing the ownership of inventors. The purpose of this article is to familiarize inventors with patent procedures and emphasize the importance of registering their patents to ensure protection. It also reviews and studies the patent protection systems in the laws of Iran and the European Union. The research concludes that in order to accept the TRIPS agreement and join the World Trade Organization, considerable efforts are required, which include aligning domestic laws concerning inventions with international regulations, such as those of the World Trade Organization. We need to cover the existing gaps in our laws to elevate our accession to the World Trade Organization (WTO) and to liberalize trade by eliminating trade barriers, ensuring there are no excuses for not joining the organization.