Indirect Trademark Infringement: Policy Considerations under US and Iranian Law

najafi, hamed ; sadeghi, mahmoud ; shahbazinia, morteza

Abstract

In US trademark infringement may occur in two ways: direct and indirect. In later type, a person without committing aconduct that is subject to a trademark infringement, will conduct a behavior that, as the case may be, results in a contributory (and inducing) or vicarious liability. Given the state of technological innovation in the US, recognition of such an institution seems to be justifiable. In Iran, indirect liability is not foreseen for trademark infringement and various examples of this type of infringement are subject to general civil liability, which is reasonable in the light of the state of technological innovation in Iran. The purpose of this study is to investigate the indirect trademark liability from the point of view of its policy consideration using a descriptive-analytical method. The state of US on technology, justifies the identification and enforcement of such a liability, but considering the state of technological innovation in Iran with respect to all the conditions, including international regulations, Iran's political and economic situation in the international arena, and ..., the failure to identify the indirect liability institution caused by trademark infringement and relying on general civil liability in this area, is justified and recommended.

Keyword(s)

Indirect Infringement; Trademark; Contributory Infringement; Economic Growth; Technological Innovation; Non-technological Innovation; Iranian Law; US Law; Supreme Council of the Cultural Revolution; Inwood Test; Iranian Trademark Law System

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