Document Type : research
Authors
1
Master's student in Criminology and Criminology, Tarbiat Modares University, Tehran, Iran.
2
master student of private law, Gorgan branch, Islamic Azad University, Gorgan, Iran.
3
Master's student in private law, Gorgan branch, Islamic Azad University, Gorgan, Iran.
4
Master of Private Law, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
10.22034/ejs.2024.459145.1811
Abstract
Background and purpose: Trade secrets are one of the important issues of industrial and commercial property that play an important role in the industrial development of societies. For this reason, it needs the support of the legislator. Based on this, the purpose of this article is to examine the criminal and civil protection of trade secrets violations in Iranian criminal law.
Materials and Methods: This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used..
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings imply that the civil guarantee includes compensation for damages and the criminal guarantee for the violation of trade secrets includes a monetary penalty, and in cases such as forgery, it includes imprisonment. In fact, despite the fact that trade secrets are one of the most important branches of industrial property and its support is necessary in order to create a healthy competitive environment that leads to commercial development, However, the laws related to industrial property do not guarantee criminality or trade secrets, and therefore, based on other general laws in the field of intellectual property or criminal laws, such as the Islamic Penal Code or civil liability laws, the protection of trade secrets can be reviewed.
Conclusion: It is necessary to establish more efficient and precise laws that are not ambiguous in order to protect trademarks and trade secrets as important aspects of industrial property rights.
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