Thesis:

Investigating the position of good reputation and brand in the right to goodwill in Iranian law

In Iranian law, the right to goodwill is one of the financial rights that is granted to a tenant who has the right to acquire or acquire goodwill. The right to good reputation and brand also exists in Iranian law and is considered as a financial right. In some cases, the right to good reputation and brand can be considered as one of the effective factors in the value of goodwill right. According to Note 2 of Article 19, the transfer of the right to acquire or trade is only possible by drawing up an official document, while we know that the transfer of movable property does not require drawing up an official document, and this requirement is specific to real estate (Articles 22 and 46 to 48 of the Islamic Law). The possibility is strengthened that the legislator also included goodwill in the provision of rights and interests related to real estate. (Katouzian Nasser, property and ownership, 6th edition, 1382, published by Mizan, p. 63) In Iran's laws and commercial customs of the market, the term "goodwill" and "business right" are used in the same place and with the same meaning, but in practice, these two titles are completely different from each other. Goodwill is an amount that is paid to the owner by the tenant at the beginning of the lease term as goodwill, and in other words, it is a kind of priority right to benefit from the leased property. to be paid The right of goodwill is a secondary right that is created according to the beneficial ownership of the property (lease contract) and although the transfer of goodwill is carried out independently in the market procedure, but the right of goodwill alone creates the right of use of the tenant. It cannot be rented from Ain. The right of permanent ownership of the tenant over the commercial property is called the right of goodwill. This is the case that in the lease contract, the ownership of the tenant is temporary over the leased interests. In Iranian law and market custom, the transfer of goodwill is accompanied by the lease contract. According to the presented materials, the present study seeks to investigate the position of good reputation and brand in the right to goodwill in Iranian law.

Keywords: Brand, trademarks, goodwill, business company