Unfair Competition under Iran’s Law on the Protection of Industrial Property (Articles 129–130)

Introduction

Articles 129 and 130 of Iran’s Law on the Protection of Industrial Property (2024) define and prohibit unfair competition practices—including false statements, imitation of trade dress, deceptive advertising, and price-fixing. Their purpose is to preserve fair competition and public trust in the marketplace. Below you can see a translation of the law:

Article 129

The following shall constitute acts of unfair competition:

1-Any false representation made against a competitor that discredits, diminishes, or damages public confidence in that competitor’s business undertaking, goods, or industrial or commercial activities.

2-An act that results in creating similarity between one’s own goods and services and those of a competitor, provided that such similarity is typically likely to mislead or confuse consumers.

3-False or misleading advertising, and any presentation of information or creation of a false impression that misleads the public regarding the nature and quality of the products, including their composition, duration of validity, origin, method of manufacture, quantity or amount, and accessibility for use.

4-Misleading comparative advertising by a competitor that causes harm or detriment to the reputation and goodwill of the competitor’s goods, services, or economic activities.

5-Advertising that does not differentiate the original product from a licensed product marketed under an authorization to exploit, where the licensed product lacks the quality or standard of the original product.

6-Any collusion or concerted practice to raise or lower the prices of goods or services for the purpose of eliminating competitors.

Note — An expert opinion issued by a competent specialized authority, within the limits of its statutory jurisdiction, concerning goods or services shall not constitute an act of unfair competition.

Article 130

 The provision of Article 73 of this Law shall apply, mutatis mutandis, to acts of unfair competition.

Article 73

At any stage of proceedings in civil or criminal cases concerning rights arising from the registration of an invention [in this case unfair competition], the complainant may request from the judicial authority handling the case the issuance of an order for provisional attachment (seizure) and seizure of products infringing the claimed rights, as well as an injunction prohibiting the manufacture, sale, or importation of such products. If the alleged infringing products are located in customs, customs officers or law enforcement officials shall execute the aforesaid order or injunction.

Note – Consideration of the requests mentioned in this Article shall be carried out in accordance with the Code of Civil Procedure for Public and Revolutionary Courts, enacted on May 10, 2000