نوع مقاله : علمی پژوهشی
نویسندگان
1 استادیار گروه حقوق، دانشکده علوم انسانی، دانشگاه مراغه، مراغه، ایران
2 استادیار گروه حقوق، دانشکده علوم انسانی، دانشگاه مراغه، مراغه، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The utility model or petty patent, as one of the important mechanisms of industrial property, is designed to protect innovations that lack the complex requirements or high inventiveness criteria needed for classic patent registration. This system, by granting more limited exclusive rights, reducing registration costs, and simplifying administrative procedures, provides a suitable platform for supporting inventors and start-up businesses. The present study, employing a descriptive-analytical method, examines the position of utility models in Iran's new Industrial Property Act and, through a comparative study of German and Chinese Acts, seeks to answer whether the new Act has been successful in designing this supportive system. The reason for choosing these two countries lies in Germany's historical precedence and the effectiveness of this system, as well as China's successful experience in adapting this mechanism to the needs of a developing economy and minor innovations. The research findings indicate that despite the legislator's positive step in establishing this independent mechanism, important challenges such as the application of the absolute novelty criterion, the elimination of the inventive step requirement without replacing it with a clear criterion, the restriction of protection to products, as well as the undesirable legislative drafting method have reduced its effectiveness. It seems that addressing these shortcomings through legal revision or formulating clear interpretative regulations could enhance the efficiency of this system in encouraging minor innovations and economic development.
کلیدواژهها [English]
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