Trademarks: A Comparative Analysis of Unauthorized Use in Iran, South Korea, and China
Keywords:
Trademark, Registration Offenses, Trademark RegistrationAbstract
Trademarks, a well-established and defining phenomenon in the realm of commerce and business, fall under the umbrella of intellectual property rights and serve a variety of functions. This legal construct, employed to distinguish between the goods, products, and services of individuals by identifying their producer and source, encompasses a diverse range of types based on various criteria. Trademark registration grants the holder exclusive rights, including the prohibition of unauthorized use by others. Consequently, one instance of infringement of trademark rights is the unauthorized use of another's registered trademark. This criminal act, which can manifest in various forms, is subject to specific conditions and elements for its realization. Moreover, the legislatures of Iran, South Korea, and China have also provided protection for trademark holders against infringing acts, establishing corresponding legal remedies. This research delves into the conditions for the realization and legal consequences of this offense, examining the judicial practices and relevant laws of Iran, South Korea, and China. Finally, it offers several strategies for preventing such infringements.
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