As you may be aware, the Iranian Parliament approved a new law on Intellectual Property in 2008, which was published in the Official Gazette on 20 April 2008. The Iranian Industrial Property Office (IIPO) had one year from that date within which to implement the accompanying regulations. We now write to confirm that the IIPO has prepared the relevant regulations and, following their recent publication in the Official Gazette, the new law is now in force.

A summary of the main provisions of the new law is provided below:

 

1) The IIPO has increased all of the official fees, in some cases by nearly 10,000%.

2) The IIPO has introduced penalty payments for the late renewal of trade marks, patents and industrial designs, the amount being 50% of the relevant official fee.

3) The filing formalities must be completed within 60 days from the date of notification by the IIPO, although an additional 60 days may be obtained upon the approval of the IIPO.

4) Annuity payments may be made up to two months prior to the anniversary of the filing date of a patent application, although a six month grace period is allowed after the expiration of the anniversary date upon payment of a surcharge.

5) Renewal of a trade mark is possible up to one year prior to the expiration date, although a six month grace period is allowed after the expiration date upon payment of a surcharge.

6) Renewal of industrial designs is possible up to six months prior to the expiration date, although a six month grace period is allowed after the expiration date upon payment of a surcharge.

7) In the case of administrative oppositions with no prior IP registration in Iran, the plaintiff must file a new trade mark, patent or industrial design application simultaneously with its opposition.

8) The IIPO will impose an official fee for filing administrative oppositions.

9) In the case of an administrative opposition or a rejection of an IP application by the IIPO, a committee at the IIPO will make an initial decision, and the applicant must present its case before that committee. A verdict issued by the committee is challengeable before the First Instance Court of Tehran and also the Appeal court.

10) The IIPO will require all pages relating to a patent application to be translated into Farsi, although it appears that a translation of only summary of the application is possible.

11) The IIPO will introduce a separate fee for Madrid trade mark applications.

 

 

We will keep you apprised of any further information that we can ascertain regarding the new law in due course. In the meantime, please do not hesitate to contact us if you have any further questions.