Protection of Geographical Signs (Jan.26.2005 ) First Draft Page 1 of 27
By-Law subject of Article 16 concerning Protection of
Geographical Signs (Jan.26.2005)
Ref. No.: 1/84/11834
Date : Dec.5.2005
The esteemed managing director of State Official Gazette
The letter No.1/22152 dated Dec.3.2005 of the esteemed Chief Judiciary
Deputy and the Director of State Organization for Registration of Deeds
and Landed Properties , together with one copy of the by-law subject of
Article 16 Act concerning Protection of Geographical Signs passed on
Jan.26.2005 by Islamic Consultative Assembly , was seen by Chief
Judiciary on which he wrote :
(In the name of the Most High- the By-law subject of Article 16
of Act concerning Protection of Geographical Signs is hereby
confirmed ).
As such, while serving duly the foregoing ,enclosed please find a copy of the said by-law for publishing in the official gazette. Abdolreza Izadpanah Director, Office of Chief Judiciary
Protection of Geographical Signs (Jan.26.2005 ) First Draft Page 2 of 27
First Chapter- Generalities :
Article 1- In the present by-law the applied terminology and expression
have the following meaning :
A- Law : shall mean the Act concerning protection of geographical sign s
passed on Feb.26.2005 by Islamic Consultative Assembly.
B- Registration Authority: The registration authority is General Dept,. of
Corporations Registration and Industrial Property and State
Organization for Registration of Deeds and Properties.
C- Permissible User / manufacturer : Any producer being qualified to
use the geographical sign according to Article 10.
D- Applicant : Any real person or legal entity who submits the
geographical sign registration declaration to the registration
authority according to clause 7 of the law.
E- Beneficiary: any beneficiary including manufacturers, consumers,
businessmen and competent authorities.
F- Origin country : shall mean the country whose name or place is the
component of geographical sign where the reputation of product is
attributed to .
Second Chapter- Submission of Declaration
Article 2- Registration of geographical sign requires submission of
declaration to the registration authority .
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Article 3- The declaration for registration of geographical sign must be
executed in two copies in special form and in Farsi Language and to be
duly signed after typing by the applicant or his/her legal representative.
Note : The declaration shall be accepted when the declaration charges to be
paid and its receipt to be submitted together with the declaration.
Article 4- The declaration for geographical sign includes the following:
A- Name , sign , nationality and capacity of the applicant or his/her
legal representative .
B- The geographical sign whose registration has been requested.
C- The name and legal domicile of the person(s) obtaining the notices
and warning in Tehran
D- The origin country that the geographical sign is related to and the
producing / manufacturing place of product .
E- If the geographical sign includes any non-Persian word(s) its
phonetics in Persian must be stipulated in special place.
F- Determining the sign in Tehran for the foreign applicants
G- Telephone number and email sign if any
Note : the name and sign of the applicants residing abroad , must be
written in Latin in addition to Persian and to be registered and published
with the same words.
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Article 5-
The declaration of Geographical Sign must have the following appendixes:
A- Positive document of the applicant’s identification or his legal
representative
B- The original copy or certified copy of the power of attorney if the
application is made by an attorney
C- 10 samples of geographical sign in manner which is used at most in
dimensions of 10 x 10 cm.
D- The specification of the products including the following
information:
1- Name of product and geographical sign for which registration
would be applied.
2- Description of product including raw materials, if requires ,and
the main physical, chemical , microbiological properties, and/or
taste ,scent and appearance (Organoliptic)of the same
3- The geographical specific region of production
4- Evidence indicating that the origin of product is of certain
geographical region or the product has been produced
/manufactured in the said region.
5- Description of product procurement and also information relating
to packaging if there would be need for packaging as to quality
supply or identifying the production origin or control assurance in
the determined geographical region
6- Details of relations with geographical environment or
geographical origin
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7- Details of control phases or inspection structure which are
necessary and required for the purpose of controlling or
monitoring continuous conformity of the product properties.
8- The special method and way for affixing the related product label
as applied by term of “geographical sign”, “protected
geographical sign”, “registered geographical sign” and/or the
similar natural and traditional specifications on the products .
E- Approval of competent authority of the related associations and/or
the relevant organizations indicating to verification of production
origin and attribution of quality , reputation and the other particulars
and specifications of the envisaged /claimed issue to that
geographical origin by the applicant .
F- If geographical sign origin country is not Iran , t is required to submit
one copy of instrument / document indicating to registration and/or
legal recognition in the origin country in original and principal
language to be approved and certified by issuing authority and
legalized by Iranian Consulate together with the official translation of
the same .
Article 6
The registration authority , upon receiving declaration and
enclosures thereto will enter the same at special register , mentioning
and inserting on each copies of declarations , date of receiving the
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declaration and the number of declaration and will return the second
copy to the applicant having the same specification of original one
Article 7
The applicant and or his/her legal representative may request to
withdraw his /her declaration at any time prior to registration of
geographical sign through submission of a written request to
registration authority.
Note :
In case of withdrawal of declaration the paid costs and expenses will
not be refunded .
Article 8
The registration authority will consider the declaration and
enclosures thereto within 15 days as of receiving day as to observing
and conformity of formative aspects and requirements set forth by
law and the present by-law.
Article 9
If as result of consideration and review , the registration authority
observes and seas any demur or defects in declaration and enclosures
thereto , he must inform the same to applicant in writing and by
mentioning the details in order to take action for removing the
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defects by the applicant within the required deadline in case of non
removal of defect , the declaration would be rejected.
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Note : the moratorium for removing the demur shall be three months
for the Iranian applicants and six months for the applicants abroad as
of notification date . If the said duration is not sufficient, the
applicant can apply moratorium just for once.
Article 10
Whenever the application for registration of geographical sign to be
accepted , it shall be published in the official gazette for public notice.
The said notice includes the following issues :
A- Name and address of the applicant and his legal representative in
Tehran and if the applicant is not residing in Tehran the name ,
address and capacity of his/her legal representative in Tehran
B- Date and No. of declaration
C- The geographical sign whose registration is requested.
D- To determine the geographical territory where the sign is used .
E- The product whose registration of geographical sign is requested.
F- The origin country and the specific geographical territory
Article 11
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In case of rejection of the declaration for registration of the
geographical sign , the registration authority is obliged to notify
the rejection causes in writing to the applicant. The applicant may
file his/her protest before the court , while paying the related
charges , within the due moratorium .
Note : The objection moratorium shall be three months for those
residing in Iran and 6 months for those residing abroad , as of
notification date.
Article 12
Anyone who has objection for accepting registration of the
geographical sign declaration , must submit the causes and
evidence and reference instruments to the registration authority
while paying the due charges.
Note : If the protestor is the person who the geographical sign
has not already registered in his /her name , he/she must submit
declaration for registration of his/her geographical sign in
accordance with the rules and regulations stipulated in the Act
and the present by-law while paying all registration fee and the
other applicable expenses , during protest due process .
Article 13
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The registration authority is obliged to notify a copy of the protest
petition together with the documents and reference causes to the
registration applicant within 30 days.
Article 14
The applicant is obliged that as of notification date of the protest
petition , to submit his answer within 30 days as to the entered
date of protest to the registration authority. If the applicant is not
residing in Iran , the said moratorium shall be 60 days.
Article 15
Whenever the applicant obey the objection of the protestor ,
his/her application shall be considered returned and the foregoing
shall be declared in writing to the protestor that if his/her
geographical sign has not been registered , to take action for its
registration , according to the declaration submitted during
protest.
Article 16
In case of non obedience of the applicant with application of the
protestor , the case shall be considered in a committee composed
of director of the Dept. and one person elected as director of the
organization and one expert elected by the Director General of the
Corporation Registration and Industrial Property and the decision
of the committee can be appealed before the public courts of
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Tehran by the parties within two months for those residing in Iran
and three months for those residing abroad.
Note 1- The decisions by this committee shall be adopted is by
unanimous votes.
Note 2- The expert handling and considering the case, cannot be a
member of the committee for the same subject.
Third Chapter- Registration of Geographical Sign :
Article 17
Registration of the geographical sign shall be made in special
register by stipulation of the following :
A- Name , address and nationality of the applicant or his/her
representative
B- Geographical sign
C- Determining the origin country and geographical region and
place of production that the sign is used for the same
D- The goods that the geographical sign is used for it
E- The approved specifications of the product
F- Registration date and number and /or legal identification
details of the geographical sign in origin country.
Note : registration of the foregoing , upon completion , must be signed by
the applicant or his/her legal representative and the director of Dept. of
Industrial property.
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Article 18
After registration of the geographical sign , the registration authority shall
publish the same for public notice , the said notice includes provisions of
paras. A, B. C , D , E of clause 17.
Article 19
The certificate for registration of geographical sign shall be issued by the
registration authority and in a special form signed by the director of Dept. ,
and shall be submitted to the applicant after presenting the published
notice.
Article 20
The certificate for registration of geographical sign indicate the same points
mentioned in the register.
Article 21
Any changes and correction in the registered geographical sign or relevant
information which has been registered at application of the sign owner
and/or would be required at discernment of the registration authority.,
subject to the fact that the nature of the registration sign is not altered must
be made at application of the owner while paying the due charges. If the
requested corrections and changes to be accepted by the Dept. , it must be
published in official gazette after registration in the related register.
Article 22
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If the registration authority deems required the change and/or correction
of geographical sign , he can take action as per the case subject to the fact
that the nature of registered sign is not altered . The correction shall be
registered in the book and published in the official gazette .
Article 23
Consideration of the registration declaration and correction of the change
of registered geographical sign or related information shall be made
according to the same procedure and principles mentioned for registration
of geographical sign.
Fourth Chapter- Litigation and Different Rules
Article 24
Consideration of the legal and penal claims related to the Law and the
present by-law is at jurisdiction of Tehran Public Courts.
Article 25
Appeal of the decisions of the said court shall be subject to penal and civil
Procedure Code.
Article 26
The petition for correction or cancelation of the registered geographical
sign must be notified to the owner or his/ her legal deputy.
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Article 27
In the notification concerning cancellation or correction , the following
must be corrected:
A- Indication to beneficiary person(s) who has/have applied for
cancellation or correction of the geographical sign.
B- Causes of application
Article 28
Whenever the court issues final verdict for cancellation or correction of the
registered geographical sign , it shall notify the same to the registration
authority and that authority is obliged to cancel or correct the same
according to the court verdict and to publish the same as notice at charges
of loosing party in the official and widely-circulated daily.
Article 29
The notice related to cancellation or correction must include the following :
A- Mentioning the geographical sign
B- Indication that the geographical sign has been cancelled or corrected
as per the case.
C- Mentioning the correction cases in case of correction
D- Mentioning the final verdict of the court by which the cancellation or
correction has been made.
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Article 30
The private claimant and/or the judicial authorities can apply for
issuance of interim measure or provisional order for non
manufacturing , sales, import and detain or demolishing the fake and
imitative goods from the local court where the goods are procured ,
distributed and/.or discovered . If the court recognizes urgency of
the applied case, then he is obliged to confirm the said application.
Also the countries obliged for compensation of the probable damages
, and to obtain appropriate interim measure from the petitioner . In
this case issuance of the interim measure shall be subject to
depositing security , based on the said application , the certified copy
of certificate for registration of geographical sign shall be attached ,
thereto.
Note : The other relevant issues shall be treated according to the
general provisions of Civil and Penal Procedure Code.
Article 31
Whenever the registration authority decides personally for rejecting
the application for registration of trademarks including the fake
geographical sign he must inform the applicant in writing while
stating the rejection causes. The applicant can submit his object to the
judicial authority while paying the relevant costs , within due date.
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Note – The objection moratorium shall be 20 days for those residing
in ran and two months for those residing abroad.
Article 32
Consideration of the claims related to cancellation of the misleading
trademarks , shall be according to the existing rules in clauses 28-31
of the present by-law.
Article 33
The registration authority is obliged to inform the provisions of final
verdict as to cancellation of the misleading trademark through
publishing notice in official gazette and widely-circulated daily . this
notice includes the following issues:
A- The cancelled trademark
B- No. and date of declaration , registration number and date
C- Name and address of the owner
D- List of goods and classes/ categories that the trademark has been
registered for the same
E- Causes of cancellation
Article 34
Referring to the register book shall be possible after registration of
the geographical sign for obtaining the certified copy or copy of
the documentation by written application of the beneficiary after
payment of the due charges.
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Article 35
Referring to the registration office after registration of
geographical sign shall be possible for collecting the certified copy
For registration of geographical signs, the registration fee is
collected as follows:
1- Registration fee of the geographical sign excluding paper price
sum of 150000 Rials.
2- Registration fee of the geographical sign 1200000 Rials,
3- Charges for objection to declaration for registration of
geographical sign 100000 Rials
4- Charges for correction and change after and before registration
20000 Rials
5- Charges for obtaining the confirmed certificate and obtaining
the copy : 20000 Rials
Article 36
The registration authority can perform process of geographical
sign registration , electronically.
Article 37
The present by-law contains 37 articles and 11 notes and State
Organization for Registration of Deeds and Landed Properties
is assigned to execute the same.
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His Excellency Hojatoleslam Valmoslem Mr.Seyed Mohammad Khatami
President of Islamic Republic of Iran
N execution of the 123rd Principle of Islamic Republic of Iran Constitution
enclosed please find the bill concerning Protection of Geographical Sign
presented to Islamic Consultative Assembly under title of Plan for
Protection of Geographical Signs Origin , duly discussed by the Assembly
at its open session on Wednesday , Jan.26.2005 ratified with certain
amendments and thereafter confirmed by The Guardian Council .
Gholamali Haddad Adel
Speaker.
Geographical Signs Protection Act
Chapter One - Definitions
Article 1 – The terminology applied in present law have the following
meanings:
A – Geographical sign shall mean a sign that the geographical origin
of goods is attributed to the territory, region or country area ,
provided that quality and excellence, reputation or other
characteristics of goods essentially can be attributed to its
geographical origin .