Document Type : Scientific Research
Authors
1
PhD Student in Private Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
2
Assistant Professor, Department of Private Law, Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
3
Associate Professor, Department of Private Law, Faculty of Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran
Abstract
One of the basic and important principles that is proposed as a prerequisite for the intellectual property system and determines the geographical scope of protection and validity of intellectual property is the “territorial principle” of intellectual property, in the era of economic globalization and cross-border transactions, it has become an obstacle to the effective enforcement of judgments. The present study shows that giving primacy to the territorial principle creates several practical challenges. These challenges include a significant increase in litigation and enforcement costs, restrictions on the recognition and enforcement of foreign court decisions, difficulties in identifying, assessing and valuing intellectual property internationally, creating legal uncertainty and the possibility of abuse of reiteration in different countries. As a result, a platform is provided for widespread violations of judgments and a reduction in the efficiency of the dispute resolution system. However, since territoriality is an integral part of the current nature of intellectual property rights, the sustainable solution is not to completely eliminate it. Instead, the solution proposed in this article is to adopt a contractual and preventive approach. Accordingly, parties to international intellectual property agreements should review the structure of these agreements, explicitly consider the implications of the territorial principle in future disputes, which is discussed in this article, and include appropriate enforcement guarantees and dispute resolution mechanisms with a preventive nature in the text of the agreements to prevent the occurrence of damage resulting from these challenges.
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