Intellectual Property Law

Understanding of the interplay between IP rights and competition law in the context of technology transfer in the Iranian oil industry is a point that is discussed in this article. While intellectual property rights enjoy a historic record and appropriate rules in this regard, the competition rights in Iran are taking their initial steps. This imbalance stems from the root of the formation of the legal system of oil in Iran based on contractual frameworks over time. The point to be made in this article is that technology transfer can be expected to take place when the type and purpose of technology transfer have already been defined by legal organizations in relation to the relevant industries. Also, the general targeting in the upstream laws alone cannot meet the legal requirements for the transfer of appropriate technology. Therefore, when even one of the mentioned factors does not exist, one cannot expect constructive interaction in the above-mentioned legal systems.

This article explores the concept of critical geopolitics to understand how international trade laws influence access to medicines within the framework of the TRIPS agreement. Classical geopolitics traditionally emphasizes how geographical features shape state strategy and global power dynamics, whereas critical geopolitics interprets geographical arrangements as constructs shaped by political, economic, and technological forces. By adopting a critical geopolitics approach, this article investigates how developed and developing nations use their ideas, actions, and interpretations of international trade laws to influence the implementation of TRIPS provisions in their favor. The TRIPS agreement, a multilateral treaty aimed at standardizing global intellectual property laws, often benefits developed nations by strengthening patent protections, which in turn restricts access to affordable generic medicines in developing and least developed countries. Despite the inclusion of safeguards and flexibilities designed to promote broader access to medicines, significant inequalities in access persist. This article examines the differential application of TRIPS across diverse national contexts, focusing on how developed and developing nations collaborate—or conflict—in balancing the need for strong patent protection with the imperative of public health access. By analyzing these geopolitical dynamics, the study illuminates the strategic actions employed by nations to navigate the intricate relationship between international trade law and access to pharmaceuticals. The findings offer important insights into the power imbalances that shape global health outcomes under the TRIPS regime.