Background and Objectives: one of the rights of the intellectual properties’ owners is being able to transfer them based on the element of volition within the format of various contracts, sale contracts included. Considering the jurisprudential foundations of sale, the transferring of an intellectual property through such a contract is faced with certain challenges that need to be jurisprudentially investigated.
Materials and Method: this is a review study in which the data have been collected through documentary and library research methods.
Ethical Considerations: in all of the stages of the present research’s authoring, the writers have remained adherent to such principles as content originality, honesty and trustworthiness.
Findings: especially in the international arena, the economic realities render the ability of buying and selling the intellectual properties inevitable. According to the jurisprudential premises related to the intellectual properties, there are not many barriers in Iran for selling and buying intellectual properties.
Conclusion: legal intellectual ownership is a generally accepted right about which there is no more any doubts. The objectiveness stipulated in article 338 can be numerously interpreted and, based on the jurisprudential foundations, some of the civil law’s articles and some of the other regulations passed in the civil law, the main intention by this objectiveness is that the intellectual properties feature neither a specific nor an embodied nature as compared to a given sort of goods and its interests.