The Journal of Critical Analysis of Judicial Decisions

The Journal of Critical Analysis of Judicial Decisions

The Effect of Contracts Determining International Jurisdiction on the Exclusive Jurisdiction of the Court in Dealing with Claims Arising out of Law on Patents, Industrial Designs and Trademarks (A Critique and Review of Judgements Rendered by the Third Branch of the Tehran General Civil Court and Branch 12 of the Appellate Court of Tehran Province)

Authors
Hassan Mohseni 1
Ali A. Saneian 2
1 Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Ph.D. in Private Law, University of Tehran, Tehran, Iran
10.22034/analysis.2025.729435
Abstract
A contract to select a court to deal with international disputes, relying on the principle that intention of the parties governs their relationship, is basically considered enforceable. According to Article 59 of the Law on Patents, Industrial Designs and Trademarks of 2007 and Article 143 of the Law on Industrial Property Protection of 2024, the handling of disputes regarding rights and obligations arising out of above mentioned laws and their executive regulations is within the exclusive jurisdiction of Tehran courts, for which reason an agreement to the contrary is not valid.
Above mentioned laws and their  In this article, judgments rendered by the Tehran Civil Court and the Appellate Court of Tehran Province regarding the validity of a contract to select a court concerning permission to use a trademark registered in Iran were criticqed and reviewed.
The distinction between contractual obligations and legal obligations is effective in determining the whether the condition regarding international jurisdiction is valid or invalid. Therefore, if the dispute arises from contractual obligations, it lies within the jurisdiction of the court chosen by the parties. However, if it arises from rights and obligations set forth in the aforementioned Law or its executive regulations, the dispute will be within the jurisdiction of the Tehran court.
Keywords
a contract to select a court
international judicial jurisdiction
exclusive jurisdiction
Tehran Court Jurisdiction
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The Journal of Critical Analysis of Judicial Decisions
Volume 4, Issue 8 - Serial Number 8
January 2026
Pages 307-331