Comparative analysis of the status of industrial property rights in Iranian, French and American law

The issue of criminal guarantee of industrial property rights is one of the topics of discussion, because on the one hand due to the more prominent impunity in legal systems and on the other hand the need to protect industrial property has created a kind of conflict and contradiction. The use of the Iranian legal system to guarantee criminal enforcement in some cases of industrial property rights, has led to a comparative study of the laws of other countries, including France and the United States, in order to evaluate the approach mentioned in Iranian law.

The present article is an analytical descriptive study using the library method.

The results indicate that the use of criminal guarantees is also considered in French and American law and in order to protect industrial property, they use the guarantee of criminal execution, but the type and amount of penalties are different from Iranian criminal law. This means that the penalties imposed are mostly monetary, and the monetary nature of economically viable crimes largely eliminates the commission of the crime. Of course, imprisonment is also used in French and American law, but it is much less than in Iranian law.