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Indirect Trademark Infringement: Policy Considerations under US and Iranian Law

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Title Indirect Trademark Infringement: Policy Considerations under US and Iranian Law
 
Creator Najafi, Hamed
Sadeghi, Mahmoud
Shahbazinia, Morteza
 
Subject 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
 
Description 323-334
In US trademark infringement may occur in two ways: direct and indirect. In later type, a person without committing a
conduct 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.
 
Date 2022-02-04T09:38:58Z
2022-02-04T09:38:58Z
2021-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/59061
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.26(6) [November 2021]