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Interface between competition law and intellectual property licences in Iran

Sayyed Mohammad Hadi Ghabooli Dorafshan

Keywords: competition; intellectual property licence; restrictive clauses; Iranian law

The need to maintain a competitive environment in the market prevents intellectual property owners from committing anticompetitive conducts. Such conducts, whether unilateral or bilateral, have been prohibited by Iranian law. The core Iranian antitrust rules of relevance to intellectual property licences are, essentially, based on articles 101 and 102 of the Treaty on the Functioning of the European Union. In addition there is a need to review these rules in relation to articles 1 and 2 of the Sherman Act in the United States, as the leading country in regulating competition. Given the religious nature of Iranian law, it is necessary to study the opinions stated by Imamia jurists in order to interpret the Iranian competition rules and find solutions where they are silent. The same is true for Iranian general rules on contracts. The results of this article show that the Iranian competition rules regulating intellectual property licences have strengths, such as their being updated, and weaknesses, for example in being too severe, which must be taken into consideration in their probable revision by the Iranian legislator.

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