An article of constitution two economic system; principle 44 of the constitution an example of informal constitutional change

دانشنامه حقوق اقتصادی

Volume 28, Issue 20, March 2022, Pages 249-269   

Document Type: Scientific research

DOI: 10.22067/economlaw.2022.41910

Author

seid naser soltani,^*

Abstract

 
Abstract
The territorial principle is one of the fundamental basics of intellectual property rights. This principle allows countries to design the rules of their intellectual property in such a way to facilitate achieving particular social goals. Trademarks are among national capitals of a country including registered and unregistered signs and a third group called famous signs. The territorial principle is the most fundamental explanation in supporting registered trademarks because supporting this sign is according to the law of the country where it is registered. In fact, territoriality is the most basic principle in supporting these rights that is a symbol is supported in the limits of land where it has been registered. According to this principle, if a symbol has been registered in country (A) and is violated in country (B), since the symbol has not been registered and supported in country (B), as a result, no right has been violated in country (B). Although this principle has been criticized in supporting trademarks globally, for example the development of this principle, facilitates violating this right in a country except the country where it is registered, however, some believe that this principle has been able to supply the partnership of intellectual property rights in international trade law system through Paris Convention and international agreements specially TRIPS Agreement. This study tries to analyze and represent the framework of this principle. Also, the most important exception on supporting trademarks territorially is supporting famous signs that supporting this group of signs has been also predicted in international documents like Paris Convention. Regardless of registering or not registering them, this group of signs is legally supportable in all member countries.
 
 
 
 
 
 
 
 

Keywords

Keywords: The Territorial Principle; Trademark; Violation; Competency.    

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