Showing 18 results for Intellectual Property
Volume 11, Issue 2 (8-2011)
Abstract
This paper seeks to respond to this major question that if Iran accedes to the World Trade Organization (WTO) and observes copyrights, in the realm of intellectual property, what demand and supply changes would occur in Iran’s book market. To respond the above question first some instances of breaching the copyrights in book publishing sector is investigated. Then calculating the price and income elasticity, the impact of observing the copyrights on price and income, and therefore on the demand and supply for books in short term is demonstrated. The findings of this research reveal that with accession of Iran to WTO and observation of copyright, some of the subsidies to the book sector must be terminated, and also the non-national authors would receive royalties. With elimination of subsidies and payment of royalties book price will increase by an average of 7.5 percent and demand would decrease by 13.35 percent. But, supply will show less sensitivity and its increase in short term would be insignificant. Yet, as experienced in other countries, for numerous reasons such as entering the international markets and increased quality, the printing volume of books will increase. In long term, the experiences of other countries have shown the same trend.
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Volume 11, Issue 4 (12-2007)
Abstract
The present research attempted to explore the grounds for granting compulsory licenses of intellectual property rights and the possibility of granting this kind of license in Iranian legal system.
Granting of compulsory licenses is possible both in the fields of copyright and industrial property rights. According to the related international instruments such as Paris Convention for the Protection of Industrial Property, Bern Convention for the Protection of Literary and Artistic Works, TRIPs Agreement and Rome Convention as well as the national laws of many countries, compulsory licenses are granted generally in two grounds: when the right holder abuses his rights and when protection of public interests such as public health, national defense and correction of anti-competitive practices are necessary. Apart from the draft of Iranian patent law and the draft of "Competition Enhancement and Monopoly Regulation", both of which are under review by the Islamic Parliament (Majlis), there are no specific provisions regarding the licenses.
However, granting of compulsory licensing may be legally acceptable with respect to Iran’s membership in Paris Convention for the Protection of Industrial Property. The general rule of "prohibition of abuse of right" under the 40th principle of the Iranian Constitution Law may also be another legal basis for compulsory licensing in the case of the abuse of monopoly rights by the IP right holders.
Volume 14, Issue 1 (3-2014)
Abstract
This paper aims to study the relationship between intellectual property and patent protection and economic growth in Iran using Auto Regressive Distributed Lag (ARDL) technique during 1979 – 2010. This model is based on economic growth models in 1990s. The number of patents is used to measure the impact of patents on economic growth. Moreover, we investigate the casual relationships among economic growth, degree of economic openness, foreign direct investment, information and communication technology (ICT) and human development. The results indicate that patent protection has a positive and significant impact on economic growth. Furthermore, the casual relationships from degree of economic openness, foreign direct investment, ICT and human development to economic growth are positively significant. Based on numerical results, one-unit increases in ICT, HDI, patents, government expenditure and oil revenues lead to 0.10, 0.12, 0.10, 0.39 and 0.21 percent increase in economic growth respectively. Hence, we conclude that the higher intellectual property and patent protection results in high economic growth.
Saeed Habiba, Maliheh Zare,
Volume 14, Issue 2 (7-2010)
Abstract
Integrated circuits are the core components of any digital equipment, in the information technology era. Due to heavy money and time investment needed to establish the integrated circuit industry, the ease of copying the layout-designs on a fraction of original expenses, and the disability of existing copyright and industrial property regimes to protect the right holders, the industrial countries adopted a sui generis form of intellectual property right. This article is directed to discuss the conditions that layout-designs of integrated circuits should fulfill to be entitled for the intellectual property protection. Furthermore, the creator duties, which are required by Washington Treaty 1989 and TRIPs Agreement 1994, and some selected national jurisdictions to be eligible to exercise his rights will be studied in details.
Asghar Mahmoudi*,
Volume 15, Issue 4 (12-2011)
Abstract
Considering the widespread and rapid developments in the field of Internet services, the paper registration of industrial property seems time consuming, expensive and exotic.
National, regional and international intellectual property offices, in line with the regulations, with understanding of these realities have paved the way for electronic registration of industrial property subjects such as patents, trademarks and industrial designs.
In the executive regulations of the Law of Patents, industrial designs and trademarks of Iran, the electronic registration has been provided, but the Industrial Property Office has not yet done any actions in this regard.
The present article, through explaining the concept, scope, status and benefits of electronic registration as well as the national and international experiences, seeks to acquaint our legal community and Industrial Property Office with electronic registration. It also suggests that advances in information technology should be used to develop electronic services, and that by using the technical services, assistance and advice of international organizations, especially world intellectual property organization, fundamental and serious steps can be taken in the field of electronic registration.
Volume 16, Issue 1 (2-2009)
Abstract
Granting of intellectual property rights on biological materials could be very contentious issue from cultural, legal, ethical and religious points of view. This could be even more complicated, once it acquires an international dimension. The Agreement on Trade Related Intellectual Property Rights (TRIPs) is the latest international arrangement under which, a complex structure for international protection of intellectual property rights has been created. However, while it embodies some provisions of pervious international documents on intellectual property rights, it reflects a unique and unprecedented scheme of protection of intellectual property rights, which also highlights a tension between developed and developing countries especially over the patentability of biological inventions. The provisions of TRIPs make it difficult for developing countries to deny such protection. However, it is possible for them to limit the scope of such protection by relying on exceptions provided by TRIPs and also by relying on the distinction between invention and discovery. These strategies would allow developing countries to exercise some discretion in defining the scope of patentable biotechnologies.
Asghar Mahmoudi *,
Volume 16, Issue 1 (5-2012)
Abstract
The patent, industrial designs and trademarks law and its implementing regulations lack specific provisions regarding the mortgage of intellectual property, Therefore, security of these kinds of properties should be analyzed within frame work of civil law.
Article 774 of Civil Law stipulates that mortgaged property shall be particular object and, consequently, the security of debt and interest is void. Also, in article 772 delivery is considered a condition of validity of mortgage contract.
Based on these articles, it is believed that mortgage of intellectual property is void, because these objects are not particular objects and their delivery is disputable.
The present paper, through analyzing mortgage regulations and intellectual property, shows nullity of the above assumption and proves that mortgage of intellectual properties dose not have any contradiction with the provisions of civil law. However, for avoidance of any dispute and misinterpretation by courts and lawyers, it suggests that mortgage of intellectual property should be explicitly predicted in the patent, industrial designs and trademarks law till, in addition to coordination of existing regulations with the position of other legal systems, the reasonable expectations of economy, trade and industry are given appropriate response and considerable amount of property and assets are not deprived from the possibility and potentiality of mortgage.
* Corresponding Author Email: mahmoudilaw@ut.ir
Saeed Habiba* Habiba*, Nasim Hanifi,
Volume 16, Issue 1 (5-2012)
Abstract
After many years of regulatory gap in protection of industrial design, the act dated 1386/2007 did not manage to provide an exhaustive definition of industrial design. On the other hand, the registration and appraisal criteria of industrial design were too vague that the executive ordinance to trespass the territory of the regulatory power to, by adding some new laws, decrease the related legal challenges. In this article, after giving a complete definition of industrial design; by critical analysis of the above-mention act, some suggestions are provided in order to decrease the act's deficiencies, including: simultaneous adoption of both novelty and originality in registration of designs, amending the act by adding a suitable definition of originality in the act, and amending the definition of novelty.
Reza Daryae Daryae, Mohammad Norouzi,
Volume 16, Issue 1 (5-2012)
Abstract
One of the frequent matters in Iranian industrial property law is the problem of provisional order. Nevertheless, some of the phrases applied in the regulation confuse judges in taking injunctional measures. For example, when the seizure of violating goods is for the purpose of provisional order, or which court has the local competent when the subject matter of the order is situated out of Tehran jurisdiction? This article seeks to answer the questions arisen from vague points of the matter in Iranian law in order to release judges from the confusion and give suggestions for next reformation of the law.
Gholam Reza Zakersalehi*,
Volume 18, Issue 2 (9-2014)
Abstract
intellectual property is the right, which has the economic value of transaction; however here the subject matter is not any definite material object. Iran has been poorly developed in intellectual property so that it lags behind others about one or two decades in this regard. According to the third clause of Article 2 of the Act concerning objectives and duties of Ministry of Science about evaluation and approval of inventions, and also Article 45 of the Act concerning the Fourth Program of Development regarding designing the comprehensive system of intellectual property by Ministry of Science, this system has important duties beyond this sector in this domain.
In this research, the tenfold roles of higher education in the intellectual property system are formulated, and the respondents’ viewpoints about the degree of importance of each are compiled. Beside these efforts, the practical experiences of 26 prestigious universities in the world the area of intellectual property with emphasis on the subject of invention are aggregated. At last, a collection of strategic suggestions to promote the role of Iranian higher education in intellectual property is presented.
* Corresponding Author’s E-mail: salehi514@gmail.com
Reza Khoshnoodi,
Volume 18, Issue 3 (12-2014)
Abstract
The relationship between the competition law and intellectual law might be considered from different directions. There are many discussions about the interaction or conflict between these fields of law. Some schollars are believe that the rules, which are applicable in these fields are in conflict; because one of them has formed for preventing the monopolies and supervising on the economic agents’ activities to prevent the harm that can be imposed to competition in the market, and the other supports the exclusive rights arising from the intellectual properties. On the other hand, but some scholars believe that there are no conflicts between these fields. But the evidence of the last theory might be challengeable, because some scholars consider the competition law over the intellectual property law due to its features, although others believe that there is an interaction between these fields. Assuming the interaction theory or conformance of intellectual property law from the competition law, some questions will arise, and we have to find suitable answers for them: "What is the effect of domination of competition law over the intellectual property law on the general rules of contracts and their principles?" Do the general rules of contracts follow the mentioned law? Is the interaction between intellectual property law and compeptition law considered as conspiracy against the last principles?" and If it was necessary for supporting the competition, can we force the owner of exclusive right to transfer the right or to accept other's usage, of it?
* Corresponding author’s E-mail: rkhoshnodi@yahoo.com
Mahmoud Sadeghi1, Zahra Omid2,
Volume 19, Issue 2 (9-2015)
Abstract
The intellectual property rights of broadcasting organizations, such as other intellectual property domains, is one of the most important issues for jurists, lawyers and broadcasters since 1961, when the international convention on protection of performers, producers of phonograms and broadcasting organizations was ratified in Rome. This convention, which is also called Rome convention, grants the broadcasting organizations̕ right of rebroadcasting, fixation, reproduction of fixations of broadcasts and the communication to the public of their television broadcasts. These organizations can further authorize or prohibit these actions. Unfortunately, this convention has never been revised till now, and is not coordinated with the technological advances such as webcasting and simulcasting broadcasts. This article is about to investigate if this type of broadcasts can be protected by law or not? And if they are protectable, which kind of rights are suitable for webcasters? How does their rights infringe? And what is the exceptions to the granted rights in this scope.
Ebrahim Rahbari,
Volume 20, Issue 1 (5-2016)
Abstract
Commitment decision as a new and efficient tool has recently assisted competition authorities in dealing with competitive concerns quickly, conveniently and crucially. Unfortunately, Iranian competition law has ignored such suitable enforcement. Accordingly, having regarded the notion and functional advantages of commitment decision, the present research, in comparative study of legal approaches of EU, US and some other eminent countries, is going to provide the most suitable and favored solutions about the procedure and formalities of making commitment decision and its content, the possibility and conditions of reviewing and appealing such decisions and sanctions imposed in non-compliance, which consistent with our particular competition framework, give rise to best results.
Mostafa Bakhtiarvand, Mahsa Tadayon Saadi,
Volume 20, Issue 3 (11-2016)
Abstract
3D printing is the process of accurate manufacture of 3D things from a digital file in the shortest time and with the least cost, which is applied in different industries. This process is performed via 3D printers and makes product the manufacturing rapid and diverse. Given its unique characteristics, the 3D printing technology is protectable in the intellectual property law system. In the mean time, it may bring about different issues as far as this system is concerned, and leads, directly and indirectly, to the infringement of the owners' exclusive rights. Hence, there is resistance from big companies to the spread of 3D printing. (because the offer of fake and infringing product, due to their incompatibility of the raw materials of printers that are not of the original products quality). Confronts the big companies with economic downturn. On the other hand, it results in the loss of consumers' confidence and even injuries. In order to provide a definitive solution to these unique issues, adopting proper legal measures and correct management to contribute to the development of this technology is an undeniable necessity.
Hassan Alipour, Mohamad Isaee Tafreshi, Morteza Shahbazinia,
Volume 23, Issue 1 (5-2019)
Abstract
International relations disputes arising from secured transactions and non-compliance of conflict of laws rules and sufficiency of regulations in this regard has been developed to different theories in the determine of
applicable law in the secured transactions in intellectual property. Important scientific centers around the world have also come up with suggestions in this regard. Such as the American Law Institute, the Max Planck and UNCITRAL Groups. In spite of the acceptance of the party autonomy in determining the applicable law, the acceptance of this theory in intellectual property issues is uncertain. Today, regardless of the party autonomy, two important criteria for determining of applicable law have been accepted. The law of debtor
’s location and the law of the protection state (territorial principle).
In American law, in particularly in the uniform commercial code (UCC), while accepting the principle of most connection, the
debtor location of the collateral has introduced as the main criterion. Additionally, the supplement of UNCITRAL Guide for Intellectual Property (IP) has put forward four suggestions on this subject but it mainly focuses on the territorial principle. The principles of Max Planck have also accepted the law of the protection state in this regard. Rome's code has adopted a theory of the most connection.
Also, In Article 968 of the Civil Code of Iran, the place for conclusion of contract is the criterion, However, in the Iran International Commercial Arbitration Act also accepted the proper law accordance with the rules of conflict law, but the application of this rule ultimately leads to the application of Article 968.
In terms of all content, In Iranian law, the writer sultimately accepts the party’s autonomy of the contract as a rule of conflict law, and in the absence of choice of law, the location of collateral debtor as a rule of conflict law accepted.
Amirreza Hamidi Avval, Mirghasem Jafarzadeh,
Volume 25, Issue 1 (12-2021)
Abstract
Significant advances in technology have led to the formulation of legal principles governing the collateralization of intellectual property as one of the most valuable assets of companies in the contemporary economy. Preventing the abandonment of intellectual property, generating revenue and increasing market influence are effective factors in promoting commercialization of intellectual property contracts such as licenses and collateralization of intellectual property. The expansion of international trade relations and the importance of corporate financing, in addition to material property restrictions, have brought unprecedented attention to the legal system of intellectual property collateral and licensing rights. The challenge with these contracts is the imperfection of the rights of each party to collateralization. To this end, the laws of the countries have considered the mere transferability of the rights arising from these agreements to be sufficient. Iran have Adopted Functionalism in its Secured Transactions system and all of the collateral contracts based on the principle of contractual freedom are permitted. Three types of Contracts are available related to the intellectual property license, ie Acquisition Security Right, Collateralize the rights of license agreement and contractual substitution. With regard to the description of the consequential increased security interest involved in the rights of the secured creditor, in the case of transferability of the rights and preventing the licensee to pledge his rights by licensor and his secured creditor, we could imagine various security rights in the same contract simultaneously.
Hourieh Qamsarian, Mohammad Issaei Tafreshi,
Volume 25, Issue 2 (12-2021)
Abstract
The present article examines the Iranian intellectual property rights system regarding handicrafts; emphasizes the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (WTO). Handicrafts as a subject that can be supported by the intellectual property rights system has not received much attention so far. On the other hand, this type of artwork has become increasingly important both globally and commercially. The main question raised in this study is what is the approach of the Iranian intellectual property rights system and the TRIPS agreement to handicrafts? And how can it effectively support these works?
The findings of the article indicate that handicrafts are examples of visual arts and there is no uniform approach to them in the Iranian legal system and the TRIPS Agreement and other international documents. In Iranian law, it can be protected in copyright or industrial design systems, geographical indications and trademarks. The TRIPS Agreement addresses the commercial aspects of intellectual property rights in general and in particular, and refers to the Berne Convention on literary and artistic rights.
Pejman Mohammadi, Mohammad Bagher Balkh,
Volume 27, Issue 2 (12-2023)
Abstract
Video game has one of the biggest markets compared to other literary and artistic works. Therefore, it’s crucial to take effective steps for its protection. Of course, the intellectual property law, especially the literary and artistic property law plays the main role in protecting it. In this research we aim to introduce video game and its characteristics as an intellectual phenomenon; In the meantime, we try to find the best classification in order to protect video games through literary and artistic property law in Iran and the United States. This article is a desk research written using Descriptive and Analytical method with library and online resources. Despite video games not being directly mentioned in Iran and the United States statutes, video games are protected as audiovisual works in the United States; however, in Iran, classification of video games is a matter of debate. The result of this research is that in Iran, the clause 12 of article 2 of the Authors, Composers and Artists Rights Protection Act of 1970 can be implemented to protect video games as combinatorial works; also, video games can be protected as software using the Protection of Creators of Computer Software Rights Act of 2000. In any case, distributive classification of video games can be used as a supplementary option. In the end, we suggest the judiciary system of Iran to publish video game cases in order to form case law; Meanwhile, Intellectual Property statutes such as both of the mentioned acts, need to be revised.