Private Law
Abdollah Rajabi; SeyyedHosseyn Hosseyni
Abstract
In some cases of intellectual property law (especially in the digital world), public and formal protections arising from intellectual property rights are not able to fully guarantee the exclusive rights of rights holders. Self-help is a way that is well able to cover the shortcomings of ...
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In some cases of intellectual property law (especially in the digital world), public and formal protections arising from intellectual property rights are not able to fully guarantee the exclusive rights of rights holders. Self-help is a way that is well able to cover the shortcomings of formal systems that protect intellectual property and play a complementary role alongside formal institutions. The legitimacy of personal actions is limited to cases where there are grounds for exercising the right; therefore, any reciprocal and retaliatory action is illegitimate due to the lack of grounds for exercising the right. Of course, protecting the right through personal action is not immune. Lack of restraint in the implementation of personal actions can make it a means for the right holders to abuse their rights and endanger the public interest and peace. Therefore, it is necessary for legal systems to always consider the balance between the public interest and the interests of right holders and to make it a tool in order to respect rights by targeting personal actions.
Private Law
ehsan rafiealavy; saeed mahjoob
Abstract
These works have a completely different nature from traditional and modern paintings due to the lack of special rules, lack of uniform style, contradiction and foundation-breaking, and as a result individualization; To date, no specific criteria for valuing these works have been mentioned. These works ...
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These works have a completely different nature from traditional and modern paintings due to the lack of special rules, lack of uniform style, contradiction and foundation-breaking, and as a result individualization; To date, no specific criteria for valuing these works have been mentioned. These works may be brought by a commercial company, or may be mortgaged, or in some cases may lead to civil liability. The research of this article shows the following results by descriptive and qualitative research method: The psychological hermeneutic method can provide the necessary aesthetic interpretation for the judicial procedure by providing comprehensive and barrier criteria and then adapting this aesthetic to the cost valuation method with the re-costing approach can lead to the theory of the forensic expert that procedural justice and robustness. Guarantee judicial rulings. The psychological hermeneutic method can provide the necessary aesthetic interpretation for the judicial procedure by providing comprehensive and barrier criteria and then adapting this aesthetic to the cost valuation method with the re-costing approach can lead to the theory of the forensic expert that procedural justice and robustness. Guarantee judicial rulings.
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.
Mohsen Borhani; Mehrnoosh Abouzari
Abstract
In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried ...
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In recent years, the discussion of the access of all countries to essential drugs has been raised as a moral challenge, most of which the granting of intellectual property rights to the of this industry and the lack of access of developing countries to these products. Though this industries have tried to justify themselves with economic and legal arguments, but the result is creating a link between the industries and low-income countries. Thus, the discussion is whether substantially the intellectual property of essential drugs is applicable and whether should not this property be defined in the light of the concept of treatment and human need for treatment? What is the justification for this discussion? Is the right to health and access to medicines is based on ethical principles, or does legal bases support this? The other is the right to have access to everyone will they take medications, or will they just allocate the necessary medications in this domain to drug inventions? It seems legal principles and there is an ethical need for protecting people's health in accessing the necessary drugs to allocate the right to drug innovations. This paper, in two parts of the legal and ethical justification of the debate, seeks to address the conflict between the right to health and the right to intellectual property on inventions providing arguments in two aspects and explaining the ethical justification of this preference by preferring the ethical responsibility of the right to health.
Mohammad Hossein Saket
Volume 69, 50-51 , March 2005, , Pages 71-112
Abstract
The development of commercial and economic activities in modern world has duplicated the importance, efficiency and role of intellectual property. Nowadays, this right has specially evolved. Having analyzed the fundamental concepts and nature of intellectual property, the article briefly discusses the ...
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The development of commercial and economic activities in modern world has duplicated the importance, efficiency and role of intellectual property. Nowadays, this right has specially evolved. Having analyzed the fundamental concepts and nature of intellectual property, the article briefly discusses the issue in past civilizations, focusing further on Islamic law intellectual property.
