Industrial Designs

– Patents, Industrial Designs and Trademarks Registration Act, 23/01/2008, in force since March 10, 2009.
– Regulations for the implementation thereof, 20/01/2009, in force since March 10, 2009.

Membership in International Conventions

– Paris Convention, Lisbon Act, since January 4, 1962 and Stockholm Act (1967 and 1979), since March 12, 1999.
– Convention Establishing the World Intellectual Property Organization (WIPO), since March 14, 2002.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since July 12, 2018.

Filing

Applicant: any person, natural or legal; foreigners have to be represented by an authorized attorney.

Priorities: according to the Paris Convention, six months; to be claimed at filing.

Exceptions to protection: if the industrial design: (a) is not new and original; (b) is determined exclusively by the technical function of the article; (c) contains official signs and symbols; (d) is against public order or morality.

Novelty: worldwide.

Novelty grace period: six months.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, legalized up to the Iranian Consulate;
2. A brief explanation of the design;
3. Graphic representation of the article embodying the design (from different views);
4. Priority document, if applicable;
5. Documents evidencing identification of the applicant and the designer.

Electronic filing: obligatory.

Electronic signatures: are not accepted (only wet signatures).

Examination

Amendment of application: possible before registration.

Examination: as to formal requirements and novelty; the design must not be contrary to public order, morality or Islamic rules.

Protection

Beginning of protection: from the date of application for registration.

Publication: once after registration.

Delivery of document: the registration certificate is issued in both paper and electronic format.

Duration and renewal: five years. This period may be renewed for two further consecutive periods of five years. A grace period of six months is allowed for late renewals with fine.

Change of name, license, assignment, and change of address: possible; must be registered. Documents required for recordal of changes are the same as for recordal of changes for trademarks. The attestation of change of address to be notarized only.

Rights of protection – infringement: the registered owner of design may institute court proceeding against any person who performs any act for exploitation of the design, without his consent, or performs acts which make it likely that further infringement will occur.