Necessity of Criminal Protection of Intellectual Property Rights with a View to its Moral Basis

For several centuries, there has been a debate about the dimensions of intellectual property to support the thinkers of society and prevent their exploitation. Unfortunately, this invisible and powerful asset is increasingly vulnerable. Therefore, establishing favorable regulations, guaranteeing proper criminal enforcement and effective enforcement of laws in order to protect these valuable rights is necessary and inevitable. Therefore, the present study was formed with the aim of investigating the need for criminal protection of intellectual property rights by looking at its moral basis.

Regarding the position of ethics in intellectual property law, two levels can be considered: one is the philosophical level, which is beyond the rules of law, and the other is within the legal system, which is related to the post-law. Unfortunately, national measures have not been sufficient to provide comprehensive (moral and legal) protection of intellectual property, as the issue of protection within a particular country is no longer relevant. Rather, the facilitation and enhancement of relations and trade between nations necessitates greater criminal protection at the international level. The penal system of the Islamic Republic of Iran has regulations on the protection of intellectual property rights, but these penal regulations cover only some branches of intellectual property rights, and in many cases the penal system of the Islamic Republic of Iran faces a vacuum.