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pp. 1025-1035 | Article Number: ijese.2017.069
Published Online: June 18, 2017
Abstract
Regarding the developments of our time, the individuals’ tendency as well as legal requirements are increasing to choose a brand to differentiate a specific business character from the others and to choose a trademark to distinguish goods and services. Brands and trademarks are the central elements of marketing and the strategy for the supply of goods or services. In essence, business competition is the competition of brands and trademarks rather than merchants. The increase in the trade transactions has a direct relation with the increase of the insidious business competitions which have developed in recent decades with the use of new technologies in different ways. Currently, the most common fraud in the field of trade and the most insidious competition is the simulation of the trademarks which is considered as the most common claims in the court of justice. Hence, according to the value and commercial and economic importance of these marks and the development of science and new technologies, opportunists always seek opportunities for abuse, forgery, fraud and unauthorized exploitation of the rights of these marks. Therefore, it is necessary to clarify and strengthen the enforcement mechanisms and forecast and create an efficient and effective laws and regulations as well as preventive and supportive measures in this field.
Keywords: trademark, penalty, rights, prison, court, Iran
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