Analysis and criticism of the regulations governing proceedings in the industrial property protection law approved in 2024 and comparing it with the generalities of civil proceedings

In the Industrial Property Law, there are articles regarding the handling of claims and disputes in the field of industrial property. Article 73 of this law is about the issuance of an order to satisfy the demand and temporary order in these lawsuits and disputes, and Article 143 of this law is about the jurisdiction of the courts in handling these lawsuits. The same article mentions the arbitrability of these disputes, except for disputes related to the principle of validity of rights. Dealing with industrial property claims and disputes in terms of generality, such as the filing of petitions, notices, objections to judgments, and proofs are subject to the law of procedure of public courts and revolution in civil affairs; But in the above cases, according to the specific requirements of industrial property claims and to develop and facilitate the protection of the rights of industrial owners, we see changes compared to the general ones, which are examined in this article. What should be kept in mind in examining all these changes is that these changes have been determined according to the specific coordinates of industrial property as the right to intangible assets and the need to protect these rights as one of the driving forces of the economy and development and trade. Therefore, in any case, if we encounter ambiguity or brevity in the field of interpretation of the articles of this law, we must interpret them in a way that opens the way for the development of industrial property protection. Not that we cause narrowing and limitation of the legal protection of industrial property and creating obstacles in judicial protection of these rights. At the end and as a conclusion from the present article, the criticism of the regulations governing industrial property claims is stated.