–Bi-Weekly News & Analysis of the International Law Office

Defence Rights of Accused: Legal Basis

Among the most evident rights of an accused person in all judicial systems, the accused’s defence rights stand at the top. As one of the fundamental principles of fair trial, it is envisaged in national laws including Criminal Procedure Code as well as the Law on Respect for Legitimate Freedom and Protection of Citizen’s rights (ratified in May 2004) which provides that “The courts and prosecution offices are obliged to observe the accused’s rights and provide them with the opportunity to take lawyers and experts.”

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Documentary credit transactions around the world are in compliance with international practices which has been developed by the International Chamber of Commerce (ICC). Fortunately, with due attention to the revision of the Uniform Customs and Practice for Documentary Credits (UCP), there is an opportunity for merchants as a valuable resource at international level for doing businesses.

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It is important to cite that the “the new amendment with regards to an issuance of cheque regulation” had been ratified by Iranian Parliament on Nov. 04, 2018 while currently the Central Bank as a pioneer bureau is at the stage of the execution of this amendment related to issuance, circulation and receipt of all types of cheques.

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Iran and China Judicial Ties: The ongoing process

Iran, likewise any other states within the international community has been entered into numerous bilateral treaties in terms of judicial matters in order to pave the path of legal and judicial collaboration and facilitate the enforcement of rule of law with other states with due respect to sovereignty and mutual interest; among which is the treaty signed between Iran and China which has been enacted as the law by the Iranian Parliament on 18 October 2016 under the name “The Law of Judicial Assistance in relation to Civil and Commercial Matters between Islamic Republic of Iran and People’s Republic of China” (hereinafter referred to as “The Judicial Assistance Law”/ “JAL”).

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Report on the Iranian Intellectual Property Law: Protection of Trademarks

The legal basis of the trademark protection in Iran is the new Intellectual Property Law “Iran Patents, Industrial Designs and Trademarks Registration Act”, in force since May 2008 and the respective executive By-Laws. In addition, Iran is a contracting party to the Paris Convention, Madrid Agreement and the Madrid Protocol and adopted the related rules and regulations.

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The claim raised by some law graduates against Bar Association was rejected by the Competition Council (update on N & A dated December 2017)

We last had a glimpse on the complaint submitted before the Competition Council (Council) against Iranian Bar Association Union, Iran Central Bar Association (ICBAR), Judiciary Center for Attorneys, legal experts & Family Advisors and other relevant bar associations in our News and Analysis back in December 2017, promising to further follow up the case. Being the man of our word, in this N & A we are going to discuss the Decision No. 421 dated 30 May 2020 issued by the Council in favor of the respondents excluding their activities from the concept of “economic activity” as stipulated within the cited regulations by the plaintiffs.

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The legislature for the purpose of adjudication of each parties and the possibility of reviewing new evidences or the specific circumstances arising in the legal and criminal cases through extraordinary means predicts the required proceedings to appeal the finalized judgments, which is retrial in civil and criminal matters on the one hand and on the other hand the application of Article 477 of the Criminal Procedure Code can be remarked. Therefore, in this article, we will examine the conditions for the application of Article 477 of the aforesaid code.

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A New Start

After more than thirty years of working as an international law office, our hope for a paradigm shift in the economic environment of Iran encourages and entices us to experience a new start by providing the public and our selected clients with bi-weekly, bi-monthly and yearly News & Analysis about the legal developments that are taking place in Iran. Our objective is to help our readers to keep themselves abreast of these developments and to remain aware of all the opportunities that are and will become available to them in the Iranian market.