Document Type : Original Article

Author

• Sajjad Hasani

Master of Laws, Private Law Department, Islamic Azad University, Research Sciences Unit, Ilam, Iran

Abstract

In Iran's legal system, despite the general rules of civil liability, the institution of indirect infringement of intellectual property rights and the resulting responsibility has been formed and developed with the aim of better protection. In this research, it is done with a descriptive analytical method. Indirect infringement is a mistake that, although it does not directly lead to the infringement of intellectual rights, but provides the prerequisites for it, causes the infringement to occur and imposes responsibility on someone who has not committed the material element of the infringement of intellectual rights. Intellectual property rights are an important factor in attracting foreign direct investment, strengthening the foundations of intellectual property rights to attract foreign investment requires determining the legal ratio between intellectual property rights and foreign investment. The intellectual property rights system consists of various international conventions, the most important of which is the TRIPS Agreement, which serves as the minimum international standard for the protection of intellectual property rights, and the international investment law system, which consists of bilateral investment treaties and regional and bilateral free trade agreements, which are an important factor in regulating foreign investments today. Intellectual property is recognized as an example of foreign capital in the definitions of foreign capital of investment agreements. Foreign capital of intellectual property requires that it benefit from the protections provided in investment agreements. The protection standards provided in investment agreements are higher than TRIPS and are referred to as TRIPS Plus

Keywords

• Intellectual property rights
• Foreign investment
• Bilateral investment treaties

Main Subjects

• Private Law

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