comparative examination and investigation of dilution doctrine in intellectual property law

نویسندگان

سعید حبیبا

دانشیار گروه حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران مجید حسین زاده

دانشجوی کارشناسی ارشد حقوق مالکیت فکری دانشکده حقوق و علوم سیاسی دانشگاه تهران

چکیده

the main purpose of trademark legal system is protection of trademarkagainst any unauthorized use, so today many of existing legal systems haveprovide different enforcements for breach of trademark. well knowntrademarks have always been considered as a valuable property bylegislatures and protected as a particular category of trademarks. oncontrary to infringement, dilution doctrine, which is also named as breach ofsecond type, is to protect well known trademarks against any unauthorizeduse and its exact purpose is to establish particular protection from owners oftrademarks so as to provide required status for protecting both consumersand owners of trademarks. although this doctrine has not ever had a show inour precedent, our legislature painstakingly provided it at paragraph v ofarticle 32 of inventions, industrial designs and trademarks act.

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