A Comparative Study on Non-Functionality Requirement in Intellectual Property Law: The Feasibility of Providing a Uniform Test

Document Type : Academicm and Research

Authors

1 Associate Professor, Department of Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 PhD Candidate in Private Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran .

10.22091/csiw.2024.10220.2483

Abstract

Functional dimensions and technical aspects of products are only protectable through the patent system. Therefore, other branches of intellectual property law -trademark law, industrial design law, literary and artistic property law (copyright)- cover only the non-functional features of products. This distinguishing feature is described as "Non-functional requirement". It seems that this requirement is intended to separate the scope of patent system from other branches of intellectual property law and promote efficient competition in the market. Despite the apparent similarity of all three systems concerning the non-functional requirement, the important issue is whether or not the concept and test of therequirement can be interpreted the same in all three systems, namely trademark, industrial design and copyright? Since this article, examining the non-functional requirement in all three aforementioned systems, finally with a comparative study of the issue in severalcountries conclude that according to the theoretical basis of such requirement in all above systems and their nature, the non-functional requirement has a wider scope in trademark law; for this reason, it is not possible to provide a uniform test for its determination in all three systems. At the end, based on the results of the issue in different countries, suitable legal solutions for all three systems, regarding legislating or applying appropriate criteria todetermine the requirement, has been presented in Iran's law.

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References

Case No. 1401168920005928825, 3th Branch of the 26th District Prosecutor's Office on 31/12/2022. [in Persian].
Case No. 140168920003923402, 3th Branch of the General Legal Court of Shahid Beheshti Judicial Complex on 17/09/2022. [in Persian].
Case No. 140068920004034090, 3th Branch of the 26th District Prosecutor's Office on 18/12/2021. [in Persian].
Shakeri, Zahra; Mehrban Pourazar, Maryam (2023). A Comparative Analysis of Acquired Distinctiveness of Trademarks and Its Criteria in the Legal Systems of the United States, the European Union, and Iran, Comparative Study on Islamic and Western Law, 10(2). [in Persian].
The Law on Patents, Industrial Designs and Trademarks, (2007). [in Persian].
The Law on the Protection of the Rights of Authors and Writers and Artists, (1969). [in Persian].
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