Introduction and Objective: The analysis of civil liability arising from the infringement of intellectual property rights in Iranian law is a multifaceted and dynamic subject, gaining increasing importance due to technological developments and the expansion of the digital environment. Therefore, the main objective was to examine civil liability arising from the infringement of intellectual property rights in Iranian law.
Research Methodology: This research was conducted with a descriptive-analytical approach using the study of documents and Iranian laws.
Findings: Iran's legal framework for intellectual property (IP) infringement combines specific copyright laws, general civil codes, and newer digital regulations. While courts recognize both material and moral damages, judges typically prioritize non-financial remedies—like stopping publication—over substantial monetary fines.Key challenges include inconsistent court rulings, vague criteria for moral damages, difficulties in proving digital losses, and slow legal processes. Compared to international standards like the TRIPS Agreement, Iran's system falls short in providing "adequate compensation" and lacks a strong deterrent effect.The conclusion is that while the theoretical protection of authors' rights exists, the judicial system requires major practical improvements, including establishing uniform procedures, clearer damage criteria, and stronger IP-specialized infrastructure.
Conclusion: While Iranian law provides a theoretical foundation for claiming damages from intellectual property infringement, its practical application is hindered by inconsistent court rulings, unclear standards for moral damages, and challenges in proving digital infringement.