Private Law
Ali Eslamipanah; kamel taqizadeh
Abstract
As the emergence of the internet has brought a lot in all scientific and practical positive aspects, with the possibility of accessing intellectual property rights, it has created challenges in this field. One of the common examples of violation of these rights has been the phenomena ...
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As the emergence of the internet has brought a lot in all scientific and practical positive aspects, with the possibility of accessing intellectual property rights, it has created challenges in this field. One of the common examples of violation of these rights has been the phenomena of cybersquatting, which the authors of this article should know by examining the methods and has raised the central question of legal ways to resolve the dispute caused by that. In the present research, first by descriptive method, the concepts of trademark, domain name, and cybersquatting have been defined. Then, with a method of analysis and comparison, the process of hearing this category of claims in the WIPO Mediation and Arbitration Center with references to the Uniform Domain Name Dispute Resolution Policy (icon), it has been examined and compared with the existing methods in some national and regional law systems.The findings of this research will reveal while the principle of the jurisdiction of the courts is universal, and there is no doubt about the possibility of litigation in the national judiciary, still, the disadvantages of such a method, such as the choice of the competent authority, the rule of law, and the execution of verdicts, have always led the parties to the arbitration. In this regard, the UDRP rules contain rules for dealing with such claims that many countries have tried to settle disputes arising out of the registration of a domain that is contrary to the rights of the trademark owner by localizing its rules; The United Kingdom, Australia, and ASEAN members, among others, have different approaches.
Private Law
Ebrahim Rahbari; Hassan Lajmorak
Abstract
Sport publicity or image right is a right by which athlete finds exclusive right in exploiting his publicity, image, personality and identity and can grant others the permission to use them and on the other hand, prevent the unauthorized use of this right by others. Having regarded the approaches of ...
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Sport publicity or image right is a right by which athlete finds exclusive right in exploiting his publicity, image, personality and identity and can grant others the permission to use them and on the other hand, prevent the unauthorized use of this right by others. Having regarded the approaches of leading legal systems in such field, this article analyses the process of formation and recognition of this right for athletes and examines the reasons for its existence and its justifications and solutions against who infringe this legal right. In some legal systems, image right has been recognized as an independent right and commercial value attached to the identity of athletes, regarding some exceptions, is legally under protection. Registration of images as trademarks, exploiting the potentials of passing off actions and trade secrets system as well as dilutions actions, help athletes supporting their rights in such field. Although In Iranian law the existence of some obscure regulations beside some general rules such as the necessity of protection the rights relating to the personality and civil responsibilities may solve some problems but the results of this paper indicate the ambiguity and in efficiency of Iranian's existing regulations and legal literature regarding the effective protection of athletes' rights to their publicity and images, which necessitate employing the established rules in this domain in order to fill the gaps and correct the legal deficiencies.
