INTELLECTUAL PROPERTY LICENSES AND ASSIGNMENTS IN IRANIAN LAW: FROM TRADITIONAL RULES OF CONTRACT LAW TO NEW NECESSITIES OF MODERNISATION

Abstract

Assignments and licenses of intellectual property rights have become very common and important in the Iranian economy. Due to this development, the legal system needed to undergo reforms to cater to the specific characteristics of these types of contracts. To achieve this, the Iranian legislator has attempted to provide a number of articles in the main laws concerning intellectual property agreements. Two bills concerning industrial property and literary and artistic property have been drafted which include several provisions in this regard. This descriptive-analytical article intends to introduce licenses and assignments of intellectual property rights in Iran and explain the rules applicable to them in order to provide a basis for further studies on this topic. The findings of this study show that the attempts made by the Iranian legislators to regulate the assignments and licenses of intellectual property rights, although valuable, are not perfect and thus, it is recommended that specific provisions are enacted to deal with different aspects of those contracts. Until the legislator takes that step, where necessary, such contracts are governed by the general rules of traditional contracts which originate from the rich sources of Imamiah jurisprudence and legal doctrine.