Journal of Criminal Law and Criminology

Journal of Criminal Law and Criminology

Analysis of the Offence of Infringing Trade-Name Rights under the Iranian Law: with Reference to International Instruments

Document Type : Original Article

Authors
Mohammad Nezamolmolki 1
Jafar Nezamolmolki 2
1 M.A. in Intellectual Property Law, Faculty of Law, University of Qom, Qom, Iran.
2 PhD in Private Law, Faculty of Law, University of Qom, Qom, Iran.
10.22034/jclc.2025.547959.2166
Abstract
The recently enacted Iranian Law on the Protection of Industrial Property Rights does not devote an independent section to the protection of trade names, nor does it afford such rights protection commensurate with their commercial and legal significance. Within this legislative framework, several ambiguities persist in the provisions governing criminal protection of trade names, particularly under Articles 118 and 131, thereby necessitating critical doctrinal examination and legislative reassessment. The significance of the present study arises from the adverse implications of these ambiguities for both the deterrent function of criminal law and the compatibility of Iranian legislation with international standards governing the protection of intellectual and industrial property rights. Accordingly, the study seeks to provide a critical analysis of the criminal protection afforded to trade-name holders under the new legislation and to propose corrective legislative solutions. The central hypothesis of the study is that, although the new law represents an attempt to establish a more effective framework of criminal protection for trade names compared with the previous legislative regime, significant deficiencies nevertheless remain. These shortcomings include, inter alia, the failure to adequately observe the principle of proportionality between offence and punishment, insufficient recognition of the moral rights associated with trade names, and the incomplete incorporation of minimum international protection standards. Against this background, the study examines the substantive nature of criminal protection for trade names under the current legislation, as well as its scope, conditions, normative capacities, and structural deficiencies. The study adopts an applied descriptive-analytical methodology. The findings indicate that the current criminal framework suffers from significant structural inefficiencies, principally because of the failure to distinguish adequately between different forms of infringement and the lack of proportionality in the prescribed sanctions. The study ultimately argues that meaningful reform requires explicit recognition of the moral dimensions of trade-name rights, clearer differentiation among various forms of infringement, and the recalibration of criminal sanctions.
Keywords
Criminal Protection
Infringement
Trade Name
Iranian Law
International Instrument
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Journal of Criminal Law and Criminology
Volume 14, Issue 28
Spring 2026
Pages 101-132