Legal Study on the Legal Protection of the Industrial Design (The Comparative Study of the Background and Concept)

اقتصاد پولی مالی

Article 2, Volume 17, Issue 32, January 2011   

Document Type: پژوهشی

DOI: 10.22067/pm.v17i32.27264

Authors

Mohammad Mahdi Ghabooli Dorafshan^* ; Saeed Mohseni

Abstract

The industrial design is a two or three-dimensional aesthetic creation related to industrial products. According to the definition of the Iranian law, for the realization of the legal protection of industrial designs there are three necessary components: combine lines or colors, runs on industrial products and change product appearance. In Iran, only the registered designs are supported. While under EU regulations, the unregistered designs are also supported (off course for a shorter time). Due to its artistic privilege and industrial goals, the industrial design is considered as the boundary between literary and artistic property and industrial property. Therefore, according to the theory of the unity of art, same thing could apply for each of the two literary and artistic rights protection system and the especial system of industrial designs. Off course, the mentioned unity is not complete enough and some cases can be merely protected through artistic and literary rights. Thinking on the design and invention of an object is also conceivable, but if the industrial design is required technical performance, it cannot be supported as an industrial design anymore. The difference between the industrial design and brand is that the brand seeks to introduce the distinctions of goods or the services being offered by persons, while the goal of the industrial design is prettifying the products in order to persuade and attract more customers. However, both concepts may be considered in a single form.

Keywords

Industrial design; Industrial property; Intellectual property; Artistic and literary rights; Invention; Brand