The Rules Applicable to the Subject and the Terms Regarding the Form of Industrial Designs Rights Assignment Contracts under Iranian and French Laws (with a View to the Theory of Unity of Art)

In Iranian and French legal systems, the rules applicable to the formation of industrial designs rights assignments have not been laid down in the section dealing specifically with those designs. Hence, in French law, in order to clarify the rules governing the said contracts, besides applying the rules of general contract law, the rules set out in the literary and artistic property section are cited, through invoking the theory of unity of art. In Iranian law, despite the possibility of accepting the theory of unity of art, given the absence of specific provisions on literary and artistic rights contracts, the rules of general contract law must be applied. At the same time, in both legal systems, registration of contracts related to industrial design rights is a prerequisite of their opposability against third parties.