Univerisity of Qom Comparative Studies on Islamic and Western Law 2476-4213 11 4 2024 12 21 Controlling the transportation (transit) of goods and customs enforcement of intellectual property rights violations Controlling the transportation (transit) of goods and customs enforcement of intellectual property rights violations 93 112 2870 10.22091/csiw.2024.10227.2486 FA SEYED HASSAN SHOBEIRI Associate Professor, Department of intellectual property Law, Faculty of Law, University of Qom, Qom, Iran . Morteza Mohammadi Assistant Professor, Department of private Law, Faculty of Law, University of Mofid, Qom, Iran. Seyed Ahmad Dehghani PhD Student in private Law, Department of private Law, Faculty of Law, University of Mofid, Qom, Iran. Journal Article 2023 12 23 The free passage of transit goods and not creating obstacles in international trade are accepted principles in the field of world trade; However, based on this principle of agreement, the exception of the observance of intellectual property rights has been proposed in numerous international conventions and national and regional systems. The critics of this exception have criticized the inspection of goods in transit by citing the principle of territorial protection, and the supporters have included a new legal support for this exception with a new interpretation of the aforementioned principle and pointing to the lack of international enforcement of intellectual property rights. The problem ahead in this research is to examine the evolution of the control of transit goods in national, regional and international documents, which with the analytical-descriptive method and with a library approach in three parts, examines different legal positions and finally draws a conclusion. It seems that although, except in the European Union, where some intellectual issues, the control of transportation is considered as a personal right, but based on the principle of territorial protection, it is possible to comment on the justification of the inspection of goods in transit and based on discretion Governments accepted this authority based on public interests and the domestic market, and even the non-proliferation of imitation and counterfeit goods. The free passage of transit goods and not creating obstacles in international trade are accepted principles in the field of world trade; However, based on this principle of agreement, the exception of the observance of intellectual property rights has been proposed in numerous international conventions and national and regional systems. The critics of this exception have criticized the inspection of goods in transit by citing the principle of territorial protection, and the supporters have included a new legal support for this exception with a new interpretation of the aforementioned principle and pointing to the lack of international enforcement of intellectual property rights. The problem ahead in this research is to examine the evolution of the control of transit goods in national, regional and international documents, which with the analytical-descriptive method and with a library approach in three parts, examines different legal positions and finally draws a conclusion. It seems that although, except in the European Union, where some intellectual issues, the control of transportation is considered as a personal right, but based on the principle of territorial protection, it is possible to comment on the justification of the inspection of goods in transit and based on discretion Governments accepted this authority based on public interests and the domestic market, and even the non-proliferation of imitation and counterfeit goods. https://csiw.qom.ac.ir/article_2870_cefab6ebff81411cde6b991747a4310d.pdf