نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
As in any modern legal system, the fundamental principles are founded on securing and enforcing rights of individuals and entities. In the context of trademark infringement, compensation for damages is recognized as an effective tool to protect intellectual property and encourage economic innovation. One significant approach in this regard is the award of nominal damages cases where, despite proving infringement, precise quantification of financial loss is difficult or impossible due to evidence. Although nominal damages is minimal, their award symbolically reinforces the responsibility of infringers and the obligation to respect legal rights. Actual damages, as direct compensation for financial losses, require the presentation of credible evidence and documentation; accurate assessment of such damages facilitates just restitution and the realization of justice. Additionally, punitive damages aim to penalize infringers and deter recurrence of wrongful conduct; these damages are typically imposed when infringement is accompanied by bad faith, fraud, or willful disregard of others’ rights. The integration of these three approaches provides a comprehensive and effective framework for determining damages arising from trademark infringement, thereby strengthening law enforcement and fostering transparency in the economic sphere. In Iran, the legal system primarily confines itself to actual damages; however, considering the existing complexities, it is necessary for the legislature to adopt a hybrid approach that combines traditional principles with contemporary legal innovations, thereby enabling the recognition of nominal damages as well. Such a measure could guarantee fair enforcement of the law and serve as an effective tool and deterrent against economic and legal abuses.
کلیدواژهها English