Iran's legislator is committed to the principles of criminalization, including public order, as well as the principle of proportionality of crime and punishment, and the principle of criminal treatment as the last principle. But in the field of industrial property and especially the trademark, the material element of the crime is extremely vague, which has caused a lot of perceptions and opinions to be raised in this field, while in American and French law, the examples of the material element of the crime have been precisely counted. Also, unlike the American and French laws, the punishment considered in Iran is partial and non-deterrent. This is because the trademark has a direct relationship with consumer health and trust and public order. In the stage of judicial proceedings in Iran, the criteria for verifying the possible misleading of the consumer have not yet been formed in a consistent manner, but the above criteria are clearly defined in American and French laws. The current research is applied in terms of its type and purpose, and descriptive-analytical in terms of its nature and method, and information was collected through document review and data collection. The findings of the present research showed that in Iranian law, contrary to American and French laws, the violation of rights resulting from inventions and industrial plans is criminalized and in addition considered unforgivable, and in the field of trade secrets, Iranian law clearly only covers trade secrets in space. Electronics has argued that the defense is incomplete, ineffective and non-preventive. While the violation of trade secret rights is considered a serious crime in the United States and France.