Private Law
Mohsen Esmaili; Mahdi Abbasi Sarmadi
Abstract
AbstractThe conflict resolution rules pertaining to determination of applicable law on the subjects of intellectual property law including copyright are seriously challenged by the advent of Internet. This is because of much increase in the possibility of misuse from copyrighted works and also infringement ...
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AbstractThe conflict resolution rules pertaining to determination of applicable law on the subjects of intellectual property law including copyright are seriously challenged by the advent of Internet. This is because of much increase in the possibility of misuse from copyrighted works and also infringement of the creator’s rights around the world due to the spread of Internet use. The specific nature of intellectual property and the domination of the principle of territoriality as well as the diversity of these rights and lack of internationally accepted conflict resolution rules specific to intellectual property law lead to numerous different problems for the courts in each of the different countries of the world. Hence, in order to achieve the most effective rules of conflict resolutions in this field and particularly in relation to solving the problems caused by Internet, existing laws and regulations were studied using documentary method. The findings of this research indicate that the closest connection rule which is raised and supported by modern academic approaches such as the system designed by American Law Institute can be useful and effective in confronting the challenges and limitations of intellectual property law both in theoretical and practical aspects.
Alireza Taghipour; Morteza Zarrine
Abstract
Pornography as one of the examples of computer crimes that covers the contents which mostly are produced, published, kept and dealt on the basis of erotic and sexual arousal. With the advent of the Internet, meanwhile, pornography protrude from a purely traditional way that are mainly published as books, ...
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Pornography as one of the examples of computer crimes that covers the contents which mostly are produced, published, kept and dealt on the basis of erotic and sexual arousal. With the advent of the Internet, meanwhile, pornography protrude from a purely traditional way that are mainly published as books, magazines and painting, there also an efficient tool was created for sexual offenders. Pornography extension in cyberspace as a secure place for perpetrators and its consequences led to the adoption of documents at global and regional level. In these documents by providing a definition of pornography and its multiple instances it was attempted that in order of combating effectively with this phenomenon, there be comprehensive and uniform standards to be introduced to the countries of the world in the present article which has been edited in a descriptive-analytic way by considering international documents and by the aim of comparing these documents with Iran's parliament approved the law on cybercrimes we have reached to this conclusion that although the Iranian legislator has tried to made steps against pornography but the ambiguity and incomprehensibility of some phrases, Imposing disproportionate punishments for instances of pornography, set the akin punishment for the perpetrators regardless of the age of the victim and the ignoring the role of parents and protectors of children in the commission of the crime as an aggravating circumstances, has caused the law not to be able to deal and cope effectively with pornography in cyberspace.