Trademarks: A Comparative Analysis of Unauthorized Use in Iran, South Korea, and China

authors:
1. Mohsen Haghi
Master's student of commercial company law of the University of Judicial Sciences and Administrative Services of Justice
2. Mohsen Raesi
Master's student of commercial company law at the University of Judicial Sciences and Administrative Services of Justice
3. Mohsen Saadabadi Motlaq
Head of the Registration Department of Commercial Companies and Non-Commercial Institutions of Bushehr Province
4. Fateme Safari Mansour
Master's student in private law of Shahid Beheshti University
5. Ali Raesi
DBA student of Tehran Institute of Science and Technology
Type of document: Conference Article
language: English
title of the conference: 8th International Conference of Social Studies, Law and Folklore
website: http://law.bcnf.ir
Issue: law
Publication date: 2024
DSI: DSI141256845869
DOI:
paper link: http://scieropub.com/pv/DSI141256845869
keyword: Trademark, Registration Offenses, Trademark Registration, Unauthorized Use of Trademarks
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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.