The Protection of Computer Software Creators’ Rights Act was approved in Iran in 2000, but to date, it has not been fully implemented, head of Iran’s Software Exporters Association, Mohammad-Reza Talaee told IRNA.
“If fully implemented, the law would provide security for the investors in this sector, leading to the creation of higher quality software in the country, which would by extension boost the level of exports,” said Talaee.
The official further referred to the difficulties of software manufacturers in exporting their products, noting that since the Iranian customs authorities do not recognize software as an exportable commodity and therefore do not issue export license for the products, software exports are not exempt from tax; leading to higher production costs for manufacturers.
The official underlined the need for “creating a secure environment” for software creators and the investors, to encourage further investments in the sector.
In a global economy increasingly propelled by knowledge-based industries, the protection of ideas and innovations has become a priority in the competitive strategy of powerful industries and countries. Iran is no exception regarding the abovementioned trends.
Recent years have witnessed a surge of interest in revamping the Intellectual Property Rights (IPRs) system of Iran. As a case in point, article 45 of the fourth economic, social and cultural development plan of Iran (2006–2011) calls on the government to design and implement a comprehensive IP system to encourage the development of knowledge-based products and commercialization of research results.
Article 1 of the Protection of Computer Software Creators’ Rights Act grants 30 years protection for the economic rights of a software creator. According to Article 2, if patentability conditions of 1931 Act apply, a software can be patented. Article 10 foresees a ‘‘patent committee’’ (under the High Council of Informatics) comprising of three masters of software engineering representing the council and a legal expert chosen by the council. Article 11 prohibits the council from approving software that the ministry of culture and Islamic guidance deems against Islamic ethics, public morality and psychological heath of children and teenagers. The council must seek the ministry of culture and Islamic guidance approval with this regard and the ministry must respond within two weeks.
