Infringement of Trademark Rights: Waivable or non-Waivable Crime?

Determining of waivable or non-waivable of crimes has theoretical and practical benefits. These benefits effects about the crime of infringement of trademark rights. The importance of this subject is because of the scarcity of Iranian legal literature related to the mentioned subject, silence of the Trademark Act of Iran-as special Act- and ambiguity of Islamic punishment new Act-as general act. The above reasons have caused divergence of judgments in Iranian Law. The main question of this article is that: is the infringement of trademark rights considered as a waivable crime or not? The hypothesis of this paper is that the mentioned crime should be considered as a waivable crime. The research method of this article is based on the library study, interview and comparative view in Brazilian, Indian and French Laws and their accessible judgments. This paper constitutes two chapters: the first chapter criticizes the Iranian Acts and jurisprudence and the second chapter considers theoretical foundations of the subject. Finally, it suggests clear and practical solutions to Iranian Legislator and judges.