1
Ph.D. in Private Law, Islamic Azad University, Tehran Science & Research Branch (Corresponding Author)
2
Associate professor, Faculty of Law, Shahid Beheshti University
Abstract
Abstract
Since under the assignment contract complete transfer of ownership rights is done, descriptions and conditions of such contract reminds us of the traditional form of sale contract. On the other hand, possibility of transfer of patent rights is also assumed in indefinite contract, under Article 10 of the Civil Code, or with the independent legal nature and as a designated contract. The procedure of guiding people to use settlement agreement in patent office must be added to the assumptions. Despite barriers and objections, assignment of patent in the form of sale is justified with conceptions compatible with the attitude of opponents. Lack of a special rule for assignment of patent, despite that which is in article 48 of registration code of patents, industrial designs and trademarks, identification of an independent nature and designated title for assignment agreement seems impossible. Moreover, although the present procedure in presentation of settlement agreement is free from the objections proposed to the use of sale framework, it offers an agreement form that its generality, absence of expression and restriction of contractual conditions and promises, can›t fulfil the needs of the owners of innovations and technology. Prefiguration of special contractual forms via legislator with specific legal rules will be compatible with complex nature of such contracts and consonant with international system.
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