فصلنامه پژوهش حقوق خصوصی
پیاپی 14 (بهار 1395)

Like a number of international treaties, provisions of WTO Agreements are subject to ambiguities and problems. Hence, interpretation of WTO provisions is of great importance to Dispute Settlement Body of World Trade Organization and international trade lawyers. In this regard, using general principles of law provided, particularly, by Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) require special attention. This Article intends to provide an answer to this question: To what extent are these principles able to affect the interpretation of WTO provisions. By considering different interpretation methods, this Article shows that the general principles of law play an undeniable role in interpreting and understanding the provisions of WTO. Applying these principles assists the panels and appellate body to discharge their function and lead to convergence between WTO and other international legal systems. This approach has been affirmed by WTO Dispute Settlement Body.

The new Islamic Penal Code of 1392, on the one hand delimitate the liability of physicians, but on the other hand, it contains new provisions for protecting patients.The new Code sets aside liability based on the theory of lack of fault of physicians, which is the common word of Imamiyeh jurists and was adopted in the 1370 Code. Instead, the new Code adopts the theory of presumed liability. In addition, to give more protection to physicians, obtaining patient`s consent exempts physicians from liability. Moreover, the new Code indicates that if patient or nurse is aware of the error of medical order, physicians have no liability. A further change is the affirmation of bona fide as a means of discharge of civil liability. As it was stated, the new Code has provisions in order to protect patients. Also, it gradate physicians and make them updated in accordance with the latest developments of medical sciences. Hence, it is provided that any scientific or practical fault or default(neglect) of physician, make him liable. This means that the ignorance of medical science and new methods of treatments is regarded as a cause of civil liability. It seems that this regulation is the turning point in the Panel Code to protect the patients, although this evolution should have been clearer.

As a result of the advancement of technology, using the patent and the relationship among inventors have been developed. These factors have put forward a new type of contract called “patent pools”. Pool is a means to manage and commercialize the patent. Pool is a collective management of inventions resulting from legal-economic circumstances, such as patent thicket, collaboration among inventors, increase in research activities, avoiding the possible patent infringement, reducing transaction costs. By considering that Iran is dealing with these agreements in its development stages, this article aims to fill the gap in terms of literature. This article analytically examines related literature by addressing this question: How can inventors, consumers and society benefit from these contracts. In dealing with this question, cost-benefit analysis is considered. This paper first defines the pool and its features, and then analyzes its economic fundamentals.