Volume 23, Issue 1 (2019)
CLR 2019, 23(1): 23-46 |
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parsamehr E, sadeghi M. The legal system governing registering of military inventions in Iran and the United States. CLR 2019; 23 (1) :23-46
URL: http://clr.modares.ac.ir/article-20-26622-en.html
URL: http://clr.modares.ac.ir/article-20-26622-en.html
1- Master student of intangible property Law, Faculty of law, Tarbiat Modares University , Tehran, Iran
2- Associate Professor of intangible property Law, Faculty of law, Tarbiat Modares University , Tehran, Iran ,sadegh_m2000@yahoo.com
2- Associate Professor of intangible property Law, Faculty of law, Tarbiat Modares University , Tehran, Iran ,
Abstract: (9352 Views)
In Iran, there is no particular statute for registration of military inventions while a unique decree has been approved related to the matter that regarding its substance, could not legislate about the matter while ignoring the law of invention registing.
In this research, for giving a resolution and recognizing military powers experiences concerning the matter, through referring to patent and national defense regulations of two countries being studied by the research, we study the registration process of military inventions and the way by which national defense rights are imposed upon economic and moral rights of the owner.
In most countries, due to the importance of the military and invention importance, armament competition, while respecting secrecy rules, to guarantee mentioned matters, the filing process is abandoned as well as granting of the patent to the owner. Though, in Iran, like Turkey and China, the military invention is registered and the patent is granted as well; though, the process of registration is confidential.
In the entire of us, through issuance of the orders such as secrecy or invention abandonment, the owner is excluded from the rights such as exploitation, manufacture and divulgation. In the case of any violation against state's defense law, the infringer will face severe criminal, civil, security measures and administrative sanctions.
Regardless of those limitations, instead, the states, to conserve creativeness in inventor and promote military construction, have conferred some rights to the owner such as; mandatory use, compensation of suspension of use.
It's recommended that, by special legislation, every matter pertaining to national defense rights, the institute responsible for registration, review manner and filing procedure, limitations and punishment and finally compensation methods be established.
In this research, for giving a resolution and recognizing military powers experiences concerning the matter, through referring to patent and national defense regulations of two countries being studied by the research, we study the registration process of military inventions and the way by which national defense rights are imposed upon economic and moral rights of the owner.
In most countries, due to the importance of the military and invention importance, armament competition, while respecting secrecy rules, to guarantee mentioned matters, the filing process is abandoned as well as granting of the patent to the owner. Though, in Iran, like Turkey and China, the military invention is registered and the patent is granted as well; though, the process of registration is confidential.
In the entire of us, through issuance of the orders such as secrecy or invention abandonment, the owner is excluded from the rights such as exploitation, manufacture and divulgation. In the case of any violation against state's defense law, the infringer will face severe criminal, civil, security measures and administrative sanctions.
Regardless of those limitations, instead, the states, to conserve creativeness in inventor and promote military construction, have conferred some rights to the owner such as; mandatory use, compensation of suspension of use.
It's recommended that, by special legislation, every matter pertaining to national defense rights, the institute responsible for registration, review manner and filing procedure, limitations and punishment and finally compensation methods be established.
Keywords: Military Invention, National Defense Patent, national act Defense Rights, Exclusive Rights Limitation
Article Type: Original Research |
Subject:
Law
Received: 2018/10/30 | Accepted: 2019/06/15 | Published: 2019/06/15
Received: 2018/10/30 | Accepted: 2019/06/15 | Published: 2019/06/15
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