A Comparative Study on the Validity of Industrial Design Registration Certificates
In IP systems based on registration, industrial designs are protected by certifications issued by the registration authority. However, the performed examination by the registration authority vary on the scope and therefore the amounts of validity presumable for certificates do not follow the same ru...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
University of Qom
2022-03-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_2145_763f17072f98ed967c5f4d03c2f8ca36.pdf |
| _version_ | 1797233071057010688 |
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| author | Zahra Shakeri Zahra bahadori |
| author_facet | Zahra Shakeri Zahra bahadori |
| author_sort | Zahra Shakeri |
| collection | DOAJ |
| description | In IP systems based on registration, industrial designs are protected by certifications issued by the registration authority. However, the performed examination by the registration authority vary on the scope and therefore the amounts of validity presumable for certificates do not follow the same rules. Unlike patents and trademarks registration systems, which have been extensively studied in many countries, from a very limited formal review to a detailed review at the request of the applicant has been observed, and the right to pre-registration protest has not been provided in many cases. These issues can create ambiguities about the scope of rights granted to the registrant and challenge the courts. Therefore, the present article, through a descriptive analytical method, concludes that the lack of substantive examination does not mean the invalidity of certificates issued, and in general, industrial design registration certificates have an exclusive right for the registrants as long as there is no objection, although in some national systems, industrial design certificates based on the declaration regime may not give the registrant a negative right. |
| first_indexed | 2024-04-24T16:10:20Z |
| format | Article |
| id | doaj.art-c36f55c9d9f7493ca8527caea7f411c4 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:20Z |
| publishDate | 2022-03-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-c36f55c9d9f7493ca8527caea7f411c42024-03-31T19:11:51ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212022-03-019121324210.22091/csiw.2022.7922.22342145A Comparative Study on the Validity of Industrial Design Registration CertificatesZahra Shakeri0Zahra bahadori1Assistant Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran.Ph .D. in Private Law, Faculty of Law and Political Science, University of Tehran.In IP systems based on registration, industrial designs are protected by certifications issued by the registration authority. However, the performed examination by the registration authority vary on the scope and therefore the amounts of validity presumable for certificates do not follow the same rules. Unlike patents and trademarks registration systems, which have been extensively studied in many countries, from a very limited formal review to a detailed review at the request of the applicant has been observed, and the right to pre-registration protest has not been provided in many cases. These issues can create ambiguities about the scope of rights granted to the registrant and challenge the courts. Therefore, the present article, through a descriptive analytical method, concludes that the lack of substantive examination does not mean the invalidity of certificates issued, and in general, industrial design registration certificates have an exclusive right for the registrants as long as there is no objection, although in some national systems, industrial design certificates based on the declaration regime may not give the registrant a negative right.https://csiw.qom.ac.ir/article_2145_763f17072f98ed967c5f4d03c2f8ca36.pdfvalidity presumption of registration certificationsthe novelty of the industrial designindustrial designregistration declaration systemexamination system |
| spellingShingle | Zahra Shakeri Zahra bahadori A Comparative Study on the Validity of Industrial Design Registration Certificates پژوهش تطبیقی حقوق اسلام و غرب validity presumption of registration certifications the novelty of the industrial design industrial design registration declaration system examination system |
| title | A Comparative Study on the Validity of Industrial Design Registration Certificates |
| title_full | A Comparative Study on the Validity of Industrial Design Registration Certificates |
| title_fullStr | A Comparative Study on the Validity of Industrial Design Registration Certificates |
| title_full_unstemmed | A Comparative Study on the Validity of Industrial Design Registration Certificates |
| title_short | A Comparative Study on the Validity of Industrial Design Registration Certificates |
| title_sort | comparative study on the validity of industrial design registration certificates |
| topic | validity presumption of registration certifications the novelty of the industrial design industrial design registration declaration system examination system |
| url | https://csiw.qom.ac.ir/article_2145_763f17072f98ed967c5f4d03c2f8ca36.pdf |
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