Legal analysis to protect brand owners against unfair use

• Published in: پژوهش‌نامه حقوق اسلامی Vol. 22; no. 1; pp. 297 - 312
• Main Authors: Mostafa Mozafari, maryam aminian
• Format: Journal Article
• Language: Arabic
• Published: Imam Sadiq University in Iran, Islamic Republic of 01.04.2021
• Subjects: brand; competition; description; independence; transfer; unfair
• ISSN: 2251-9858; 2588-6673
• DOI: 10.30497/law.2021.239764.2934

The most important way to legally enhance brand credibility is to look at the brand as an independent entity. Under these circumstances, the brand becomes a commercial commodity that can be easily protected in various legal situations. Brand independence means that there is no need for the brand to necessarily communicate with the product or service that contains the brand. Among the problems and challenges facing the brand is that the brand may not reflect the nature and quality of the goods and services introduced. According to the studies conducted in this article, we came to the conclusion that the description of brand independence has two important effects, one of which is the ability to transfer and the second important effect of this description is related to the transfer of mobile information. It is with the brand that this effect seems to show more of the economic and marketing aspects of the brand. The description of brand independence is mentioned in paragraph 4 of Article 15 of the TRIPS Agreement and is mentioned as one of the conditions that can be upheld in this article. In addition, it should be noted that the lack of fair competition can be referred to and cited based on what is stated in the Paris Convention.