Crime of Registered Trademark Rights Infringement in Iranian Law with a look at Trips Agreement

Infringement of registered trademark rights has been criminalized in articles 40 and 61 of Iranian Trademarks, Industrial Designs and Patents Act 1386, articles 525 and 529 and 530 of fifth part of Islamic Penal Act 1375 and also articles 66 and 76 of Iranian Electronic Trade Act1382. Based on this article’s results, the Legol element of crime inaforesaid criminal regulationsisdispersed, inconsistent and has some problems. Lack of independent criminalization for different methods of committing crimes against registered trademark, especially in cyber space, is the important deficiency of the related regulations. Iranian legislator has used ambiguous phrases about criminal result in Iranian Trademarks, Industrial Designs and Patents Act. Ultimately the amount and severity of legislated punishment for these crimes are not in balance with destructive effects of them.