نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Patents, as a means of supporting innovation and technical progress, play an important role in economic and technological development, and their infringement is considered an infringement of the acquired rights of the patent owner. This article examines the provisions and judicial practice related to patent infringement in Iranian and English law with a comparative approach. In Iranian law, the Patents, Industrial Designs and Trademarks Act of 2007 provides the main framework for protecting intellectual property rights, and the manner in which patent infringement claims are handled through judicial authorities and compensation methods are specified. In contrast, the English legal system is based on judicial practice and the provisions of the Patents Act of 1977, and specific defenses and limitations are foreseen to limit the scope of patent infringement. A comparative comparison shows that both systems, despite structural similarities, have significant differences in enforcement approaches, the extent of civil liability, and the possibility of applying judicial orders. The article also examines preventive legal instruments, joint and several liability, and the requirements for proof of infringement, and analyzes how the conflict between supporting innovation and restricting competition is resolved in each system. The findings suggest that recent reforms in both countries have moved towards increasing the efficiency of litigation and reducing the costs of patent infringement.
کلیدواژهها English
