Allameh Tabataba’i University Strategic Recommendations for  Administrative Bodies

Allameh Tabataba’i University Strategic Recommendations for Administrative Bodies

Rereading the Right to Property and the Right to a Transparent and Competitive Economy in the Citizens' Rights Charter

Author
Department of Criminal Law and Criminology, Allameh Tabataba'i University
Abstract
The right to property and the right to a transparent and competitive economy within the Citizens' Rights Charter, particularly in connection with "intellectual property," are considered fundamental pillars of economic development and the reinforcement of innovation; however, this report demonstrates that these rights face legal and structural gaps in Iran, thereby reducing them from the level of "enforceable rights" to mere "ideals." The analysis indicates that realizing intellectual property requires a competitive economy and reduced state intervention in the economic structure, because in a statist economy, choice, competition, and transparency are constrained, preventing economic citizenship rights from being fulfilled. From a legal perspective, the Charter's use of qualifying phrases such as "in compliance with the law" and "within the framework of the law" causes the recognition of these rights in practice to depend on existing laws—laws that in some cases fail to address modern manifestations of intellectual property or, through disproportionate criminal enforcement mechanisms, hinder creativity and production. Policy recommendations emphasize redefining and expanding new instances of intellectual property (such as modern entrepreneurship), supporting small-scale inventions and developmental initiatives, resolving Iran's accession to global intellectual property conventions, designating a primary custodian for intellectual property within the governance structure, and establishing specialized courts to adjudicate intellectual property disputes, thereby enabling the practical enforcement of Article 76 of the Charter and strengthening a competitive economy.
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