1. 1
Masterclass on Fundamentals of Intellectual
Property Law for Young Innovators
Graduate Institute of International and Development Studies
Parham FARHANG VESAL
August 22, 2016 - Geneva

2. August 22nd, 2016, Geneva – Parham FARHANG VESAL
2
Some Basic Notions
Law (‫قانون‬) Right (ّ‫حق‬)
In Persian (in fact, in Arabic), the terms are used in confusing manners – Law School, not “Rights School”!
 What is law/right?
 Where rights come from?
• Nature → Codification
• Law
 Where laws come from?
• Customs and practices
• Legislation
• Contracts (written or non-written)
• Jurisprudence
 Domains of laws/rights?
• National
• International
•Transnational
To Regulate Social Affairs
Economy and Trade
Intellectual Property (IP)
Industrial Property | Copyright
Patents, Trademarks, etc.
 Also: Utility Model, Industrial Design

3. 3
Patent and Trademark in Theory
Patent: the right granted to innovators in
regard with their innovation.
Which innovations?
(a) Those that are:
1. New
2. Useful
3. Non-obvious
(b) The innovation can be:
1. Process
2. Machine
3. Article of manufacture
4. Composition of matter
 Compulsory Licensing
 No right to make, use, sell, industrialize,
or commercialize an invention and
products thereto; but excludes others for
~ 20 years, pending fees.
 Public disclosure of the invention
Trademarks: a recognizable
sign, design, or expression which
identifies products or services of a
particular source from those of others.
Spin-offs are:
• Trade name
• Service name
• Collective marks
• Certification mark
• Defensive mark
Also:
• Geographical Indications (GI)
• Appellation of Origin (AO)
Note:
 “Logo” and “brand” are not
legal terms, but are used frequently
in the field. “Brand” is a broad
term.
August 22nd, 2016, Geneva – Parham FARHANG VESAL

4. 4
Patent in Iran
IPC is in charge Online application Patent Law
August 22nd, 2016, Geneva – Parham FARHANG VESAL

5. 5
Trademark in Iran
IPC is in charge Online application Trademark Law
August 22nd, 2016, Geneva – Parham FARHANG VESAL

6. 6
Patent in the US
USPTO is in charge Online application Patent Law IPSIA supports Persian-Americans
August 22nd, 2016, Geneva – Parham FARHANG VESAL

7. 7
Trademark in the US
USPTO is in charge Online application Trademark Law
August 22nd, 2016, Geneva – Parham FARHANG VESAL

8. 8
IP in the World
 Notes from basic notions (slide 2):
• International vs. Translation
• Case law
• Regionalism
• Competition law and policy
August 22nd, 2016, Geneva – Parham FARHANG VESAL

9. 9
Copyright
Authors and artists are granted the exclusive right to sell and/or make copies of their works. They
also enjoy the right to create any derivative of their works (e.g. translations, screenplays, etc.). Plus,
they have the right to perform or display their works publicly. All such rights can be subject of trade.
In principle no registration is required, unless legal action is sought. The protection in most
jurisdictions is in place until 70 years from the (in case, last) author's death.
 Iran: The Ministry of Culture is in charge, and the law is in force since 1970.
 US: The USCO of the Library of Congress is in charge, and the law is in force since 1790.
 World: Berne Convention administered by WIPO, adopted in 1886. Iran is not a party.
Computer software?
Paten, copyright, or both. It depends, you tell me?
Publication copyright instead of patent?
No! You tell me why?
August 22nd, 2016, Geneva – Parham FARHANG VESAL

10. 10
Drills #01
 Can you do the patent process (national and international) on your own? If
yes, to what extent?
 What about trademarks?
 What are the potential risks for young innovators when it comes to their IP?
 Who is a patent attorney? And who is an IP consultant?
 At what stage do you think you need to have access to a patent attorney
and/or an IP consultant?
 Is electricity patentable? What about a formula function that describes all
ocean tides motion? (Formulization of Complex Systems)
August 22nd, 2016, Geneva – Parham FARHANG VESAL

11. 11
Drills #02
 Can you have protection in Pakistan for an innovative wine fermentation
process? What about France?
 Can you get patent protection in Switzerland for suicide assistance
invention? (Not euthanasia)
 What sort of IP identity this may acquire ?
 I want to register this in the US and follow up with a Madrid System
application in which Israel is also included:
 What about registering these in Iran?
 May Mr. Salman Rushdie have copyright protection in Saudi Arabia for his
“The Satanic Verses”? Explain.
 Again, at what stage do you think you need to have access to a patent
attorney and/or an IP consultant?
August 22nd, 2016, Geneva – Parham FARHANG VESAL

12. 12
Brainstorming and Further Ares of Interest for young Innovators
August 22nd, 2016, Geneva – Parham FARHANG VESAL
 IP protection enhances your competitiveness. IP protection creates a sort of monopoly too. Do
you want to introduce your innovative product in a more or competitive market? Or a less
competitive one? What if competition law limits your IP exclusivity? Where do you put the
equilibrium between IP and competition policies?
 How can internationalism, transnationalism, regionalism, and/or single state sovereignty affect
your future business? Where should you place the initiation and aims of your startup?
 Investment is the beating heart of industrialization and commercialization of innovations.
Where are your potential investors? What is your roadmap to attract optimum investment with
authority and control? Where should you and your business representatives be physically present?
 How and where to incorporate your business? How can compliance and Corporate Social
Responsibility (CSR) issues, labor, and human rights have adverse impacts on your business?
What is your branding strategy in long run?
 Do you know about the fundamentals of international contracts? When and how are foreign
courts accessible? What are the Alternative Dispute Resolution (ADR) mechanisms? What do you
expect from your lawyer when it comes to contracts, courts, and ADR?

13. 13
Think BIG
Thank you for your attention.
Don’t hesitate!
I’m looking forward to any question or comment you may have:
parham.farhang@graduateinstitute.ch
Once again, thank you!
Parham