Controlling the transportation (transit) of goods and customs enforcement of intellectual property rights violations

Document Type : Academicm and Research

Authors

1 Associate Professor, Department of intellectual property Law, Faculty of Law, University of Qom, Qom, Iran .

2 Assistant Professor, Department of private Law, Faculty of Law, University of Mofid, Qom, Iran.

3 PhD Student in private Law, Department of private Law, Faculty of Law, University of Mofid, Qom, Iran.

Abstract

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.

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References

Persian Sources
Executive regulations of the law on the transportation of foreign goods passing through the territory of the Islamic Republic of Iran, 1998/08/09
Regulations on smoothing and safety of foreign transit of goods from the country
Customs Law, 2008/09/28
Kyoto Convention on the Simplification and Harmonization of Customs Procedures 1974 with 2006 Amendments (Special Annexes)
The Law of Patents, Industrial Designs and Trademarks, 2007
The law amending the law on smuggling of goods and currency, 2022
Protection plan for industrial property rights
Paris convention for the Protection of Industrial Property, 1883
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Comparative Studies on Islamic and Western Law
Volume 11, Issue 4 - Serial Number 42
December 2024
Pages 93-112

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