COMPARATIVE EXAMINATION AND INVESTIGATION OF DILUTION DOCTRINE IN INTELLECTUAL PROPERTY LAW

Authors

1 Associate Professor, Islamic and Private Law Department, University of Tehran

2 LL. M. Student in Intellectual Property Rights, University of Tehran, Tehran, Iran

Abstract

The main purpose of trademark legal system is protection of trademark
against any unauthorized use, so today many of existing legal systems have
provide different enforcements for breach of trademark. Well known
trademarks have always been considered as a valuable property by
legislatures and protected as a particular category of trademarks. On
contrary to infringement, Dilution doctrine, which is also named as breach of
second type, is to protect well known trademarks against any unauthorized
use and its exact purpose is to establish particular protection from owners of
trademarks so as to provide required status for protecting both consumers
and owners of trademarks. Although this doctrine has not ever had a show in
our precedent, our legislature painstakingly provided it at paragraph V of
article 32 of inventions, industrial designs and trademarks act.

Keywords