Document Type : Academicm and Research

Authors

• SEYED HASSAN SHOBEIRI ¹
• Morteza Mohammadi ²
• seyed ahmad dehghani ³

¹ IP Manager

² Faculty of Law Faculty, Mofid University, Qom

³ Mofid university

Abstract

The free passage of goods and not creating obstacles in international trade are accepted principles in the field of world trade; However, based on this principle, the exception of the observance of intellectual property rights has been proposed in 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 principle and pointing to the lack of international enforcement of intellectual property rights. This research will try to study its subject by relying on the analytical-descriptive method and with a library approach in three parts: first, it will deal with the issue of prescribing or not prescribing the inspection of goods in transit in international conventions, and in the second step, the same issue It has been examined in national and regional legal systems, and in the final part, it has examined the dimensions of the issue in Iran's legal system; it concludes 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 the discretion of governments, this authority was accepted based on the public interest and the domestic market, and even the non-proliferation of imitation and counterfeit goods.

Keywords

• goods in transit
• transit
• doctrine of exhaustion of rights
• principle of territoriality of protection
• customs enforcement

Main Subjects

• Legal (Comparative Islamic and Western Law)