Effects of Iran’s Accession to the TRIPS Agreement with Emphasis on the Current Legal Framework

Abstract

ABSTRACT

Using a descriptive–analytical method and a comparative approach, the present study examines the foundations, objectives, and requirements of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and assesses the implications of Iran’s accession to the TRIPS Agreement in light of the feasibility of compliance under the current legal framework. It further evaluates the degree of conformity of Iran’s domestic legislation with the standards established under the Agreement. The findings indicate that the enactment of the 2024 Industrial Property Protection Act should be regarded as an important step toward modernizing Iran’s industrial property regime. In areas such as patents, trademarks, industrial designs, and, to some extent, the protection of undisclosed information, the Act demonstrates greater coherence and conformity with international standards than the previous legislative framework. Nevertheless, this legislative development alone is insufficient to achieve full compliance with TRIPS. The most significant challenge to accession concerns copyright and related rights, where Iran’s existing legislation remains substantially inconsistent with TRIPS standards and its complementary international instruments in terms of the protection of foreign works, protection in the digital environment, duration of protection, exceptions and limitations, and mechanisms for the enforcement of rights. Moreover, Iran’s non-membership in the Berne Convention and the Internet Treaties of the World Intellectual Property Organization (WIPO) constitutes an important legislative and practical obstacle in this regard. Furthermore, with respect to the enforcement of intellectual property rights, the mere existence of substantive legal provisions is insufficient. Compliance with TRIPS standards requires the establishment and effective application of appropriate enforcement measures, specialized judicial proceedings, efficient border measures, and proportionate mechanisms for compensation and damages. From an economic perspective, accession to TRIPS may, on the one hand, enhance legal transparency, improve investment security, facilitate technology transfer, and strengthen Iran’s position in international trade. On the other hand, it may increase the costs of access to certain technologies, software, pharmaceuticals, and cultural products. Accordingly, Iran’s accession to TRIPS can contribute to development only if it is accompanied by phased legal reforms, preservation and effective use of the flexibilities provided under the Agreement, reinforcement of enforcement infrastructure, and the adoption of a balanced policy that reconciles the protection of private rights with the safeguarding of the public interest.