Scope of Protection for Intellectual Property in International Investment Law and Iran's International Investment Agreements

Nezamolmolki, Jafar

doi:10.22034/jlvi.2025.2039585.1227

Scope of Protection for Intellectual Property in International Investment Law and Iran's International Investment Agreements

Document Type : p

Author

jafar nezamolmolki

Professor of university and Attorney-at-law.

10.22034/jlvi.2025.2039585.1227

Abstract

Given the developments in international investment law, which have established the rule of intellectual property protection in this legal system, what is the scope of protection for these assets now, is one of the current issues and challenges in the interpretation and implementation of international investment agreements, including those related to our country.
Based on the results of the current research, international investment law has some basic features for expansion the scope of intellectual property protection, among which, except for the unquestionable protection of intellectual property as capital, in other features, the preferred approach in capital agreements of our country is subject to some considerations. In the field of protecting specific instances of intellectual property, the principle is not to support patent applications, the tendency to support genetic resources, traditional knowledge and folklore is evident, and TRIPs-Plus protection is contrary to the legislative and executive capacities and basic interests of developing countries, including Iran. Meanwhile, it is necessary to adjust Iran's expanded approach in protecting intellectual property as capital in international investment agreements.

Keywords

scope of protection

intellectual properties

international investment law

international investment agreements

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