COMPRATIVE STUDY APPLICABLE LAW TO TRADEMARK INFRINGEMENT IN PARIS CONVENION, TRIPS AGREEMENT AND ROME2 REGULATION AND IRANIAN LAW

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GHORBANIFAR MARYAM

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Title

COMPRATIVE STUDY APPLICABLE LAW TO TRADEMARK INFRINGEMENT IN PARIS CONVENION, TRIPS AGREEMENT AND ROME2 REGULATION AND IRANIAN LAW

Author(s)

GHORBANIFAR MARYAM | Issue Writer Certificate

Keywords

TRADEMARK INFRINGEMENTQ1

TERRITORIALITY PRINCIPLEQ1

NATIONAL TREATMENT PRINCIPLEQ1

PRIORITY RIGHT IN REGISTRATIONQ1

FAMOUS MARKQ1

Abstract

In the international system, trademark protection and confronting its infringement is based on territorial principle of these rights. It means that the country in which the rights have been created and registered, determines the scope of protection. Therefore, trademark right is protected in that territory and beyond this there is no protection. According to this principle, TRADEMARK INFRINGEMENT does not come true outside the country where it has been registered. Thus, at the international level it is not possible to protect trademark. For international protection of trademarks, Paris Convention, Madrid Agreement and its protocol and TRIPS Agreement and Rome2 regulations have accepted the territorial principle and for international protection have provided the NATIONAL TREATMENT PRINCIPLE in member states in order to aid international registration of marks and to expand the territorial principle to extraterritorial protection. Iranian Patent, Trademarks and Industrial Design Act accepts this principle and tries to comply with it and apply Paris Convention and Madrid Agreement in Iranian law toward international protection of trademarks.

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APA: Copy

GHORBANIFAR, MARYAM. (2017). COMPRATIVE STUDY APPLICABLE LAW TO TRADEMARK INFRINGEMENT IN PARIS CONVENION, TRIPS AGREEMENT AND ROME2 REGULATION AND IRANIAN LAW. IRANIAN JOURNAL OF TRADE STUDIES (IJTS), 21(84 ), 93-130. SID. https://sid.ir/paper/7413/en

Vancouver: Copy

GHORBANIFAR MARYAM. COMPRATIVE STUDY APPLICABLE LAW TO TRADEMARK INFRINGEMENT IN PARIS CONVENION, TRIPS AGREEMENT AND ROME2 REGULATION AND IRANIAN LAW. IRANIAN JOURNAL OF TRADE STUDIES (IJTS)[Internet]. 2017;21(84 ):93-130. Available from: https://sid.ir/paper/7413/en

IEEE: Copy

MARYAM GHORBANIFAR, “COMPRATIVE STUDY APPLICABLE LAW TO TRADEMARK INFRINGEMENT IN PARIS CONVENION, TRIPS AGREEMENT AND ROME2 REGULATION AND IRANIAN LAW,” IRANIAN JOURNAL OF TRADE STUDIES (IJTS), vol. 21, no. 84 , pp. 93–130, 2017, [Online]. Available: https://sid.ir/paper/7413/en

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