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Showing 4 results for Intellectual Property Law

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.  
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.
 

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