Further to the section published in the July 2008 issue of the Saba Bulletin regarding the new trademark, patent and industrial design law of Iran, we outline in the following table the main features of the new law as compared with the existing law. The new features will become effective in Iran once the regulations implementing the law are issued, which is not expected before year end.
|Previous Features||New Features|
|Design protection was absent in the country.||There are provisions for the registration and maintenance if designs for the first time in the country.|
|Absolute patent novelty is required. Any act that makes and invention available to the public before the filing date or priority date has the effect of barring the invention from being patented.||Relative patent novelty is required. Disclosure of the invention without the knowledge or consent of the inventor shall not be taken into consideration if it occurs within the 6-months preceding the filing date, or the priority date, of the patent application.|
|There is a grace period of 6 months for late payment of patent annuity fees, the last 3 of which are subject to a surcharge.||There is a grace period of 6 months for late payment of patent annuity fees, all of which are subject to a surcharge.|
|There is a grace period of 6 months for late renewals of trademarks without payment of a surcharge.||There is a grace period of 6 months for late renewals of trademarks subject to payment of a surcharge.|
|Cancellation proceedings must be brought within 3 years from registration date, after which the trademark is deemed incontestable.||There is not time limit for filing a cancellation action against a registered trademark.|
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